LRB-2744/1
PJH:jld:ph
2013 - 2014 LEGISLATURE
September 13, 2013 - Introduced by Representatives Bewley, Wright, C. Taylor,
Kessler, Pope, Doyle, Ohnstad, Johnson and A. Ott, cosponsored by
Senators Lehman, Harris, Miller, T. Cullen and Risser. Referred to
Committee on Criminal Justice.
AB361,1,2 1An Act to create 939.18 of the statutes; relating to: granting immunity from
2certain criminal prosecutions for a person who seeks aid for another person.
Analysis by the Legislative Reference Bureau
This bill provides immunity from certain criminal prosecutions for a person
(aider) who summons aid for another person the aider believes is suffering an
overdose of, or other adverse reaction to, alcohol or a controlled substance. Under
the bill, if an aider brings another person to an emergency room or other health care
facility or summons police or emergency medical assistance because the aider
believes the other person is suffering an overdose or other adverse reaction, the aider
generally has the right to remain anonymous and may leave the scene at any time.
Under the bill, the aider may not be prosecuted for using or possessing alcohol
or a controlled substance under the circumstances leading to other person's adverse
reaction. Under the bill, the aider may be required to identify himself or herself and
may not be allowed to leave if a law enforcement officer, emergency medical
technician, or other health care provider believes aider poses an imminent risk of
harm or himself or herself or to another person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB361,1 3Section 1. 939.18 of the statutes is created to read:
AB361,2,2
1939.18 Immunity from criminal prosecution. (1) Definitions. In this
2section, "aider" means a person who does any of the following:
AB361,2,63 (a) Brings another person to an emergency room, hospital, fire station, or other
4health care facility if the other person is, or the person believes him or her to be,
5suffering from an overdose of, or other adverse reaction to, any controlled substance
6or alcohol.
AB361,2,107 (b) Summons a law enforcement officer, ambulance, emergency medical
8technician, or other health care provider, to assist another person if the other person
9is, or the person believes him or her to be, suffering from an overdose of, or other
10adverse reaction to, any controlled substance or alcohol.
AB361,2,1511 (c) Dials the telephone number "911" or, in an area in which the telephone
12number "911" is not available, the number for an emergency medical service
13provider, to obtain assistance for another person if the other person is, or the person
14believes him or her to be, suffering from an overdose of, or other adverse reaction to,
15any controlled substance or alcohol.
AB361,2,22 16(2) Anonymity and confidentiality. (a) Except as provided in this paragraph,
17an aider has the right to remain anonymous. The exercise of that right shall not
18affect the manner in which a law enforcement officer, emergency medical technician,
19or other health care provider performs his or her duties. No person may induce or
20coerce or attempt to induce or coerce an aider who wishes to remain anonymous into
21revealing his or her identity, unless the person has reasonable cause to suspect that
22the aider poses an imminent risk of harm to himself or herself or to another person.
AB361,3,223 (b) An aider may leave the presence of the law enforcement officer, emergency
24medical technician, or hospital staff member at any time, and no person may follow

1or pursue the aider, unless the person has reasonable cause to suspect that the aider
2poses an imminent risk of harm to himself or herself or to another person.
AB361,3,6 3(3) Immunity from criminal prosecution. An aider is immune from prosecution
4for the possession or use of alcohol, or the possession or use of a controlled substance,
5under the circumstances surrounding or leading to his or her commission of an act
6described in sub. (1).
AB361,3,77 (End)
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