MR8 AB3: Bill Text

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 Section 1. 51.17 (2) of the statutes, as created by 2017 Wisconsin Act 140, is amended to read:

AB3,3,6 51.17 (2) Authorization. Any health care provider, as permitted by s. 146.816 (2) (b) 4., and any law enforcement officer may make a disclosure of information evidencing that an individual poses a substantial probability of serious bodily harm to any other person in a good faith effort to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Any health care provider, as permitted by s. 146.816 (2) (b) 5., may make a disclosure under s. 175.32.

AB3,2 Section 2. 118.07 (5) of the statutes is amended to read:

AB3,3,16 118.07 (5) Each school board shall require every employee of the school district governed by the school board to receive training provided by the department in identifying children who have been abused or neglected and, in the laws and procedures under s. 48.981 governing the reporting of suspected or threatened child abuse and neglect, and in the laws under s. 175.32 governing the reporting of suspected intent to commit an act of violence involving a dangerous weapon or explosive in or targeting a school. A school district employee shall receive that training within the first 6 months after commencing employment with the school district and at least once every 5 years after that initial training.

AB3,3 Section 3. 118.126 (1) (c) of the statutes is amended to read:

AB3,3,19 118.126 (1) (c) The information is required to be reported under s. 48.981 or 175.32.

AB3,4 Section 4. 118.126 (2) of the statutes is amended to read:

AB3,4,2 118.126 (2) A school psychologist, counselor, social worker, or nurse, or any teacher or administrator designated by the school board who engages in alcohol or drug abuse program activities, who in good faith discloses or fails to disclose 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 or 175.32.

AB3,5 Section 5. 146.816 (2) (b) 5. of the statutes is created to read:

AB3,4,6 146.816 (2) (b) 5. For purposes of disclosing under s. 175.32 any suspicion of a patient intending to commit an act of violence involving a dangerous weapon or explosive in or targeting a school.

AB3,6 Section 6. 175.32 of the statutes is created to read:

AB3,4,8 175.32 School violence. (1) In this section:

AB3,4,9 (a) “Dangerous weapon” has the meaning given in s. 939.22 (10).

AB3,4,11 (b) “Law enforcement agency" has the meaning given in s. 165.77 (1) (b) and includes a tribal law enforcement agency as defined in s. 165.83 (1) (e).

AB3,4,12 (c) “Member of the clergy” has the meaning given in s. 48.981 (1) (cx).

AB3,4,13 (d) “School” means a public, private, or tribal elementary or secondary school.

AB3,4,17 (2) (a) Any person listed under s. 48.981 (2) (a) or member of the clergy who 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 school shall report as provided in sub. (3).

AB3,4,21 (b) A court-appointed special advocate who has reasonable cause to suspect that a child seen in the course of activities under s. 48.236 (3) intends to commit an act of violence involving a dangerous weapon or explosive in or targeting a school shall report as provided in sub. (3).

AB3,4,25 (3) A person required to report under sub. (2) shall immediately inform, by telephone or personally, a law enforcement agency of the facts and circumstances contributing to a suspicion of intended violence involving a dangerous weapon or explosive in or targeting a school.

AB3,5,4 (4) Any person or institution participating in good faith in the making of a report under this section shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under this section shall be presumed.

AB3,5,6 (5) Whoever intentionally violates this section by failure to report as required may be fined not more than $1,000 or imprisoned not more than 6 months or both.

AB3,7 Section 7. 904.085 (4) (d) of the statutes is amended to read:

AB3,5,12 904.085 (4) (d) A mediator reporting child or unborn child abuse under s. 48.981, reporting suspected intent to commit an act of violence involving a dangerous weapon or explosive in or targeting a school under s. 175.32, or reporting nonidentifying information for statistical, research, or educational purposes does not violate this section.

AB3,8 Section 8. 905.04 (4) (em) of the statutes is created to read:

AB3,5,16 905.04 (4) (em) School violence. There is no privilege for information contained in a report of suspected intent to commit an act of violence involving a dangerous weapon or explosive in or targeting a school that is provided under s. 175.32 (3).

AB3,9 Section 9. 905.045 (4) of the statutes is amended to read:

AB3,5,22 905.045 (4) Exceptions. Subsection (2) does not apply to any report concerning child abuse that a victim advocate is required to make under s. 48.981 or concerning suspected intent to commit an act of violence involving a dangerous weapon or explosive in or targeting a school that a victim advocate is required to make under s. 175.32.

AB3,10 Section 10. 905.06 (4) of the statutes is amended to read:

AB3,6,3 905.06 (4) Exceptions. There is no privilege under this section concerning 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) (bm) or as suspected intent to commit an act of violence involving a dangerous weapon or explosive in or targeting a school under s. 175.32.

AB3,6,4 (End)