Feed for /2013/related/proposals/ab447 PDF
LRB-3164/1
PJH:jld:jm
2013 - 2014 LEGISLATURE
October 18, 2013 - Introduced by Representatives Nygren, Nerison, Bernier,
Krug, Petryk, Tranel, Bies, Czaja, Endsley, Jagler, Kapenga, Kleefisch,
Knodl, Knudson, LeMahieu, Murtha, A. Ott, Petersen, Ripp, Swearingen,
Tauchen, Tittl, Berceau, Hulsey, Kahl, Richards, Wachs and Ballweg,
cosponsored by Senators Harsdorf, Cowles, L. Taylor, Darling, Jauch,
Gudex, Harris, Olsen, Lehman, T. Cullen, Ellis, Shilling, Petrowski,
Lazich, Miller, Carpenter, Schultz, Wirch, Erpenbach, Hansen and Risser.
Referred to Committee on Criminal Justice.
AB447,1,3 1An Act to create 961.443 and 961.447 of the statutes; relating to: granting
2immunity from certain criminal prosecutions for offenses relating to a
3controlled substance or a controlled substance analog.
Analysis by the Legislative Reference Bureau
This bill provides immunity from certain criminal prosecutions for a person
(aider) who brings another person to an emergency room or other health facility, who
summons police or emergency medical assistance, or who administers aid to another
person because the aider believes the other person is suffering from an overdose or
other adverse reaction to a controlled substance or a controlled substance analog.
Under the bill, the aider may not be prosecuted for possession of a controlled
substance or a controlled substance analog under the circumstances that led him or
her to summon or provide emergency assistance.
Under the bill, a person may not be prosecuted for possessing naloxone or for
administering or delivering naloxone to another person if he or she administered
naloxone to the other person with the good faith belief that the other person was
suffering from an overdose or an adverse reaction to a controlled substance or a
controlled substance analog and that it was necessary to deliver or administer the
naloxone in order to save the other person's life.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB447,1
1Section 1. 961.443 of the statutes is created to read:
AB447,2,3 2961.443 Immunity from criminal prosecution; possession. (1)
3Definitions. In this section, "aider" means a person who does any of the following:
AB447,2,74 (a) Brings another person to an emergency room, hospital, fire station, or other
5health care facility if the other person is, or the person believes him or her to be,
6suffering from an overdose of, or other adverse reaction to, any controlled substance
7or controlled substance analog.
AB447,2,118 (b) Summons a law enforcement officer, ambulance, emergency medical
9technician, or other health care provider, to assist another person if the other person
10is, or the person believes him or her to be, suffering from an overdose of, or other
11adverse reaction to, any controlled substance or controlled substance analog.
AB447,2,1612 (c) Dials the telephone number "911" or, in an area in which the telephone
13number "911" is not available, the number for an emergency medical service
14provider, to obtain assistance for another person if the other person is, or the person
15believes him or her to be, suffering from an overdose of, or other adverse reaction to,
16any controlled substance or controlled substance analog.
AB447,2,20 17(2) Immunity from criminal prosecution. An aider is immune from prosecution
18under s. 961.41 (3g) for the possession of a controlled substance or a controlled
19substance analog, under the circumstances surrounding or leading to his or her
20commission of an act described in sub. (1).
AB447,2 21Section 2. 961.447 of the statutes is created to read:
AB447,3,4 22961.447 Immunity from criminal prosecution; emergency
23administration.
A person is immune from criminal prosecution for possessing
24naloxone or for administering or delivering naloxone to another person if he or she
25administered or delivered the naloxone to another person because he or she believed,

1in good faith, that the other person was suffering from an overdose or adverse
2reaction to a controlled substance or controlled substance analog and believed, in
3good faith, that delivering or administering naloxone to the person was necessary to
4save the life of the other person.
AB447,3,55 (End)
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