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:
51.17 (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 3
evidencing that an individual poses a substantial probability of serious bodily harm 4
to any other person in a good faith effort to prevent or lessen a serious and imminent 5
threat 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.
118.07 (5) of the statutes is amended to read:
Each school board shall require every employee of the school district 9
governed by the school board to receive training provided by the department in 10
identifying children who have been abused or neglected and,
in the laws and 11
procedures under s. 48.981 governing the reporting of suspected or threatened child 12
abuse 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 15
training within the first 6 months after commencing employment with the school 16
district and at least once every 5 years after that initial training.
118.126 (1) (c) of the statutes is amended to read:
(c) The information is required to be reported under s. 48.981 or
118.126 (2) of the statutes is amended to read:
A school psychologist, counselor, social worker,
or nurse, or any 22
teacher or administrator designated by the school board who engages in alcohol or 23
drug abuse program activities, who in good faith discloses or fails to disclose 24
information under sub. (1) is immune from civil liability for such acts or omissions.
This subsection does not apply to information required to be reported under s. 48.981 2or 175.32
146.816 (2) (b) 5. of the statutes is created to read:
(b) 5. For purposes of disclosing under s. 175.32 any suspicion of 5
a patient intending to commit an act of violence involving a dangerous weapon or 6
explosive in or targeting a school.
175.32 of the statutes is created to read:
8175.32 School violence.
In this section:
(a) “Dangerous weapon” has the meaning given in s. 939.22 (10).
(b) “Law enforcement agency" has the meaning given in s. 165.77 (1) (b) and 11
includes a tribal law enforcement agency as defined in s. 165.83 (1) (e).
(c) “Member of the clergy” has the meaning given in s. 48.981 (1) (cx).
(d) “School” means a public, private, or tribal elementary or secondary school.
(a) Any person listed under s. 48.981 (2) (a) or member of the clergy who has 15
reasonable cause to suspect that a person seen in the course of professional duties 16
intends to commit an act of violence involving a dangerous weapon or explosive in 17
or targeting a school shall report as provided in sub. (3).
(b) A court-appointed special advocate who has reasonable cause to suspect 19
that a child seen in the course of activities under s. 48.236 (3) intends to commit an 20
act of violence involving a dangerous weapon or explosive in or targeting a school 21
shall report as provided in sub. (3).
A person required to report under sub. (2) shall immediately inform, by 23
telephone or personally, a law enforcement agency of the facts and circumstances 24
contributing to a suspicion of intended violence involving a dangerous weapon or 25
explosive in or targeting a school.
Any person or institution participating in good faith in the making of a 2
report under this section shall have immunity from any liability, civil or criminal, 3
that results by reason of the action. For the purpose of any proceeding, civil or 4
criminal, the good faith of any person reporting under this section shall be presumed.
Whoever intentionally violates this section by failure to report as required 6
may be fined not more than $1,000 or imprisoned not more than 6 months or both.
904.085 (4) (d) of the statutes is amended to read:
(d) A mediator reporting child or unborn child abuse under s. 9
48.981, 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 11
nonidentifying information for statistical, research,
or educational purposes does not 12
violate this section.
905.04 (4) (em) of the statutes is created to read:
(em) School violence.
There is no privilege for information contained 15
in a report of suspected intent to commit an act of violence involving a dangerous 16
weapon or explosive in or targeting a school that is provided under s. 175.32 (3).
905.045 (4) of the statutes is amended to read:
905.045 (4) Exceptions.
Subsection (2) does not apply to any report concerning 19
child abuse that a victim advocate is required to make under s. 48.981
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
905.06 (4) of the statutes is amended to read:
905.06 (4) Exceptions.
There is no privilege under this section concerning 25
observations or information that a member of the clergy, as defined in s. 48.981 (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