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LRB-0657/1
MLJ:amn
2021 - 2022 LEGISLATURE
February 11, 2021 - Introduced by Senators Bernier, Ballweg, Cowles, Jacque,
Marklein and Wanggaard, cosponsored by Representatives James,
Armstrong, Bowen, Brandtjen, Dittrich, Edming, Gundrum, Kitchens,
Krug, Kuglitsch, Magnafici, Moses, Murphy, Oldenburg, Plumer,
Ramthun, J. Rodriguez, Rozar, Subeck, Tittl, Tusler and Wichgers.
Referred to Committee on Judiciary and Public Safety.
SB99,1,3 1An Act to amend 968.38 (2m) (intro.), 968.38 (2m) (a) and 968.38 (5) (intro.) of
2the statutes; relating to: throwing or expelling a bodily substance at a public
3safety worker or prosecutor.
Analysis by the Legislative Reference Bureau
Under current law, if a prisoner throws or expels blood, semen, vomit, saliva,
urine, feces, or other bodily substance at or toward an officer or other person in the
prison or facility, a court may order the prisoner to undergo testing for communicable
diseases if there is probable cause to believe that there was potential for transmitting
a communicable disease to the victim. This bill allows a court to require such testing
for any criminal defendant who throws or expels blood, semen, vomit, saliva, urine,
feces, or other bodily substance at or toward a public safety worker or a prosecutor.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB99,1 4Section 1. 968.38 (2m) (intro.) of the statutes is amended to read:
SB99,2,45 968.38 (2m) (intro.) In a criminal action under s. 941.375 (2) or 946.43 (2m),
6the district attorney shall apply to the circuit court for his or her county for an order

1requiring the defendant to submit to a test or a series of tests administered by a
2health care professional to detect the presence of communicable diseases and to
3disclose the results of the test or tests as specified in sub. (5) (a) to (c), if all of the
4following apply:
SB99,2 5Section 2. 968.38 (2m) (a) of the statutes is amended to read:
SB99,2,106 968.38 (2m) (a) The district attorney has probable cause to believe that the act
7or alleged act of the defendant that constitutes a violation of s. 941.375 (2) or 946.43
8(2m) carried a potential for transmitting a communicable disease to the victim or
9alleged victim and involved the defendant's blood, semen, vomit, saliva, urine or
10feces or other bodily substance of the defendant.
SB99,3 11Section 3 . 968.38 (5) (intro.) of the statutes is amended to read:
SB99,3,612 968.38 (5) (intro.) The court shall set a time for a hearing on the matter under
13sub. (2m) during the preliminary examination, if sub. (3) (a) applies; after the
14defendant is bound over for trial and before a verdict is rendered, if sub. (3) (b)
15applies; after conviction or a finding of not guilty by reason of mental disease or
16defect, if sub. (3) (c) applies; or, subject to s. 971.13 (4), after the determination that
17the defendant is not competent, if sub. (3) (d) applies. The court shall give the district
18attorney and the defendant notice of the hearing at least 72 hours prior to the
19hearing. The defendant may have counsel at the hearing, and counsel may examine
20and cross-examine witnesses. If the court finds probable cause to believe that the
21act or alleged act of the defendant that constitutes a violation of s. 941.375 (2) or
22946.43 (2m) carried a potential for transmitting a communicable disease to the
23victim or alleged victim and involved the defendant's blood, semen, vomit, saliva,
24urine or feces or other bodily substance of the defendant, the court shall order the
25defendant to submit to a test or a series of tests administered by a health care

1professional to detect the presence of any communicable disease that was potentially
2transmitted by the act or alleged act of the defendant. The court shall require the
3health care professional who performs the test to disclose the test results to the
4defendant. The court shall require the health care professional who performs the
5test to refrain from making the test results part of the defendant's permanent
6medical record and to disclose the results of the test to any of the following:
SB99,3,77 (End)
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