LRB-5601/1
EHS&TJD:ahe
March 2018 Special Session
2017 - 2018 LEGISLATURE
March 16, 2018 - Introduced by Committee on Assembly Organization and
Representative Rodriguez, by request of Governor Scott Walker. Referred to
Committee on Education.
AB3,1,5 1An Act to amend 51.17 (2), 118.07 (5), 118.126 (1) (c), 118.126 (2), 904.085 (4)
2(d), 905.045 (4) and 905.06 (4); and to create 146.816 (2) (b) 5., 175.32 and
3905.04 (4) (em) of the statutes; relating to: mandatory reporting of suspected
4intent to carry out violence involving a dangerous weapon or explosive in or
5targeting a school and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill requires professionals who must report suspected child abuse and
neglect under current law to also report to a law enforcement agency a reasonable
suspicion that a person intends to commit an act of violence involving a dangerous
weapon or explosive in or targeting a school.
Current law requires certain professionals to report suspected abuse and
neglect of children if he or she has reasonable cause to suspect that a child seen in
the course of his or her professional duties has been abused or neglected or has reason
to believe that a child seen in the course of his or her professional duties has been
threatened with abuse or neglect and that abuse or neglect will occur. The report
must be made immediately, by telephone or personally, to the county department of
human services or social services or, in Milwaukee County, the Department of
Children and Families or a licensed child welfare agency under contract with DCF
or the sheriff or city, village, or town police department. Under current law,
mandated reporters are subject to criminal penalties if they fail to report, but are
immune from any civil or criminal liability that results by reason of a good faith
report.

This bill requires the same professionals who are mandated reporters under
current law to immediately inform, by telephone or personally, a law enforcement
agency if the mandated reporter has reasonable cause to suspect that a person seen
in the course of professional duties intends to commit an act of violence involving a
dangerous weapon or explosive in or targeting a public, private, or tribal elementary
or secondary school. The bill imposes the same penalties and provides the same
immunity from liability as the current mandatory reporting law. The bill also creates
exemptions from confidentiality requirements and professional privileges for the
reporting required under the bill as are under the current mandatory reporting law.
In addition, current law requires each school board to require every employee
of the school district governed by the school board to receive training provided by the
Department of Public Instruction in identifying children who have been abused or
neglected and in the laws and procedures under the mandatory reporting law. This
bill adds the same training requirement regarding the mandatory reporting of
suspected intent to commit an act of violence involving a dangerous weapon or
explosive in or targeting a school.
The bill also explicitly exempts from the state's requirements for confidentiality
of patient health information and allows the disclosure by a health care provider of
any suspicion of a patient intending to commit an act of violence involving a
dangerous weapon or explosive in or targeting a school. Generally, under current law,
patient health information and mental health treatment records are confidential
and may be released only upon informed written consent of the subject of the
treatment record and in other limited circumstances explicitly described in the law.
Under current law, a health care provider fulfills any duty to warn others by
taking any of the following actions: contacting law enforcement or the relevant
county department and disclosing knowledge of potential evidence of the individual's
substantial probability of harm, approving the emergency detention of the
individual if the health care provider is in the position to do so, and taking any other
action that a reasonable health care provider would consider as fulfilling the duty
to warn a third party of substantial probability of harm. Any person who discloses
information evidencing substantial probability of serious bodily harm or a health
care provider who takes one of the actions that fulfill a duty to warn is not civilly or
criminally liable under current law for actions taken in good faith. Similarly, a health
care provider making a disclosure under the bill is also exempt from civil or criminal
liability for actions taken in good faith.
For further information see the state and local 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:
AB3,1 1Section 1 . 51.17 (2) of the statutes, as created by 2017 Wisconsin Act 140, is
2amended to read:
AB3,3,6
151.17 (2) Authorization. Any health care provider, as permitted by s. 146.816
2(2) (b) 4., and any law enforcement officer may make a disclosure of information
3evidencing that an individual poses a substantial probability of serious bodily harm
4to any other person in a good faith effort to prevent or lessen a serious and imminent
5threat to the health or safety of a person or the public. Any health care provider, as
6permitted by s. 146.816 (2) (b) 5., may make a disclosure under s. 175.32.
AB3,2 7Section 2 . 118.07 (5) of the statutes is amended to read:
AB3,3,168 118.07 (5) Each school board shall require every employee of the school district
9governed by the school board to receive training provided by the department in
10identifying children who have been abused or neglected and, in the laws and
11procedures under s. 48.981 governing the reporting of suspected or threatened child
12abuse and neglect, and in the laws under s. 175.32 governing the reporting of
13suspected intent to commit an act of violence involving a dangerous weapon or
14explosive in or targeting a school
. A school district employee shall receive that
15training within the first 6 months after commencing employment with the school
16district and at least once every 5 years after that initial training.
AB3,3 17Section 3. 118.126 (1) (c) of the statutes is amended to read:
AB3,3,1918 118.126 (1) (c) The information is required to be reported under s. 48.981 or
19175.32
.
AB3,4 20Section 4. 118.126 (2) of the statutes is amended to read:
AB3,4,221 118.126 (2) A school psychologist, counselor, social worker, or nurse, or any
22teacher or administrator designated by the school board who engages in alcohol or
23drug abuse program activities, who in good faith discloses or fails to disclose
24information under sub. (1) is immune from civil liability for such acts or omissions.

1This subsection does not apply to information required to be reported under s. 48.981
2or 175.32.
AB3,5 3Section 5 . 146.816 (2) (b) 5. of the statutes is created to read:
AB3,4,64 146.816 (2) (b) 5. For purposes of disclosing under s. 175.32 any suspicion of
5a patient intending to commit an act of violence involving a dangerous weapon or
6explosive in or targeting a school.
AB3,6 7Section 6. 175.32 of the statutes is created to read:
AB3,4,8 8175.32 School violence. (1) In this section:
AB3,4,99 (a) “Dangerous weapon” has the meaning given in s. 939.22 (10).
AB3,4,1110 (b) “Law enforcement agency" has the meaning given in s. 165.77 (1) (b) and
11includes a tribal law enforcement agency as defined in s. 165.83 (1) (e).
AB3,4,1212 (c) “Member of the clergy” has the meaning given in s. 48.981 (1) (cx).
AB3,4,1313 (d) “School” means a public, private, or tribal elementary or secondary school.
AB3,4,17 14(2) (a) Any person listed under s. 48.981 (2) (a) or member of the clergy who has
15reasonable cause to suspect that a person seen in the course of professional duties
16intends to commit an act of violence involving a dangerous weapon or explosive in
17or targeting a school shall report as provided in sub. (3).
AB3,4,2118 (b) A court-appointed special advocate who has reasonable cause to suspect
19that a child seen in the course of activities under s. 48.236 (3) intends to commit an
20act of violence involving a dangerous weapon or explosive in or targeting a school
21shall report as provided in sub. (3).
AB3,4,25 22(3) A person required to report under sub. (2) shall immediately inform, by
23telephone or personally, a law enforcement agency of the facts and circumstances
24contributing to a suspicion of intended violence involving a dangerous weapon or
25explosive in or targeting a school.
AB3,5,4
1(4) Any person or institution participating in good faith in the making of a
2report under this section shall have immunity from any liability, civil or criminal,
3that results by reason of the action. For the purpose of any proceeding, civil or
4criminal, the good faith of any person reporting under this section shall be presumed.
AB3,5,6 5(5) Whoever intentionally violates this section by failure to report as required
6may be fined not more than $1,000 or imprisoned not more than 6 months or both.
AB3,7 7Section 7. 904.085 (4) (d) of the statutes is amended to read:
AB3,5,128 904.085 (4) (d) A mediator reporting child or unborn child abuse under s.
948.981, reporting suspected intent to commit an act of violence involving a dangerous
10weapon or explosive in or targeting a school under s. 175.32,
or reporting
11nonidentifying information for statistical, research, or educational purposes does not
12violate this section.
AB3,8 13Section 8. 905.04 (4) (em) of the statutes is created to read:
AB3,5,1614 905.04 (4) (em) School violence. There is no privilege for information contained
15in a report of suspected intent to commit an act of violence involving a dangerous
16weapon or explosive in or targeting a school that is provided under s. 175.32 (3).
AB3,9 17Section 9. 905.045 (4) of the statutes is amended to read:
AB3,5,2218 905.045 (4) Exceptions. Subsection (2) does not apply to any report concerning
19child abuse that a victim advocate is required to make under s. 48.981 or concerning
20suspected intent to commit an act of violence involving a dangerous weapon or
21explosive in or targeting a school that a victim advocate is required to make under
22s. 175.32
.
AB3,10 23Section 10. 905.06 (4) of the statutes is amended to read:
AB3,6,324 905.06 (4) Exceptions. There is no privilege under this section concerning
25observations or information that a member of the clergy, as defined in s. 48.981 (1)

1(cx), is required to report as suspected or threatened child abuse under s. 48.981 (2)
2(bm) or as suspected intent to commit an act of violence involving a dangerous
3weapon or explosive in or targeting a school under s. 175.32
.
AB3,6,44 (End)
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