SB595: Bill Text

LRB-0728/1

MJW:skw

2023 - 2024 LEGISLATURE

2023 Senate BILL 595

October 30, 2023 - Introduced by Senators James, Taylor, Ballweg, Cabral-Guevara, Hesselbein, Knodl, Roys, Smith, Spreitzer and Testin, cosponsored by Representatives Rozar, Ortiz-Velez, C. Anderson, Andraca, Baldeh, Billings, Cabrera, Clancy, Conley, Considine, Dittrich, Doyle, Drake, Edming, Krug, Madison, Moses, Mursau, Ohnstad, Plumer, Sinicki, Stubbs and Subeck. Referred to Committee on Judiciary and Public Safety.

SB595,1,3 An Act to renumber and amend 961.443 (2); to amend 961.443 (2) (title); and to create 961.443 (2) (b) of the statutes; relating to: immunity for certain controlled substances offenses for aiders and aided persons.

Analysis by the Legislative Reference Bureau

Current law grants immunity from prosecution for possessing a controlled substance to a person, called an aider, who summons or provides emergency medical assistance to another person because the aider believes the other person is suffering from an overdose or other adverse reaction to a controlled substance. Under 2017 Wisconsin Act 33, an aider was also immune from having parole, probation, or extended supervision revoked for possessing a controlled substance under the same circumstances. Act 33 also granted the aided person immunity from having parole, probation, or extended supervision revoked for possessing a controlled substance when an aider seeks assistance for the aided person. The immunity applied only if the aided person completes a treatment program as part of his or her parole, probation, or extended supervision. Act 33 also provided that a prosecutor must offer an aided person who is subject to prosecution for possessing a controlled substance a deferred prosecution agreement if the aided person completes a treatment program.

The expanded immunities under Act 33 were temporary and expired on August 1, 2020. This bill permanently restores these expanded immunities from Act 33.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB595,1 Section 1. 961.443 (2) (title) of the statutes is amended to read:

SB595,2,3 961.443 (2) (title) Immunity from criminal prosecution and revocation of parole, probation, or extended supervision.

SB595,2 Section 2. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and amended to read:

SB595,2,13 961.443 (2) (a) An No aider may have his or her parole, probation, or extended supervision revoked, and an aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1) if the aider's attempt to obtain assistance occurs as soon as is practicable after the aider believes the other person is suffering from the overdose or other adverse reaction.

SB595,3 Section 3. 961.443 (2) (b) of the statutes is created to read:

SB595,2,20 961.443 (2) (b) 1. No aided person may have his or her parole, probation, or extended supervision revoked under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1) if the aided person completes a treatment program as a condition of his or her parole, probation, or extended supervision or, if a treatment program is unavailable or would be prohibitive financially, agrees to be imprisoned in the county jail for not less than 15 days.

SB595,3,9 2. If an aided person is subject to prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, or under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to an aider's commission of an act described in sub. (1), the district attorney shall offer the aided person a deferred prosecution agreement that includes the completion of a treatment program. This subdivision does not apply to an aided person who is on parole, probation, or extended supervision and fails to meet a condition under subd. 1.

SB595,3,10 (End)