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2013 - 2014 LEGISLATURE
October 25, 2013 - Introduced by Representatives Kerkman, Bernier, Bies,
Kaufert, Kleefisch, Knodl, Kooyenga, Krug, T. Larson, LeMahieu,
Ohnstad, Steineke, Strachota, Thiesfeldt and Tittl, cosponsored by
Senators Darling and Vukmir. Referred to Committee on Children and
Families.
AB465,1,3 1An Act to create 253.155 and 948.215 of the statutes; relating to: causing harm
2to a child by cosleeping while intoxicated, providing information about
3cosleeping while intoxicated, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under this bill, no person may injure or kill a child under 12 months of age by
cosleeping, while the person is intoxicated, with the child. Under the bill, if the child
suffers bodily harm as a consequence, the person is guilty of a Class H felony, if the
child suffers great bodily harm as a consequence, the person is guilty of a Class F
felony, and if the child dies as a consequence, the person is guilty of a Class D felony.
The bill requires the Child Abuse and Neglect Prevention Board (board) to
purchase, prepare, or arrange with a nonprofit organization to prepare printed and
audiovisual materials relating to cosleeping while intoxicated. The materials must
include information regarding the risks of cosleeping while intoxicated and a
discussion of ways to reduce the risks of cosleeping while intoxicated. The board
must make the materials available to certain entities and may satisfy that
requirement by making the materials available, at no charge, on its Internet site.
Under the bill, the board or nonprofit organization is immune from any damages
resulting from any good faith act or omission in preparing or distributing the
materials.
Before an infant who is born in or en route to a hospital or a maternity home
is discharged, the bill requires an attending physician, attending nurse-midwife, or
other trained, designated staff member to provide to the parents of the infant the

board's printed materials and inform the parents about, and make available to the
parents to view, the board's audiovisual materials. For an infant born elsewhere, the
attending physician, attending nurse-midwife, or other trained, designated staff
member of a hospital or maternity home must provide to the parents the board's
printed materials and inform the parents of the availability of the board's
audiovisual materials within seven days of the infant's birth. Regardless of where
the infant was born, at the same time the materials are provided to the parents the
person who provided the materials must provide the parent with a form, prepared
by the board, that includes a statement that the parent has been advised of the risks
of cosleeping with an infant while that parent is intoxicated and a statement that the
parent will share that information with all persons who provide care for the infant.
Under the bill, a hospital, maternity home, physician, nurse-midwife, other staff
member of the hospital or maternity home, or birth attendant is immune from
liability for any damages resulting from any good faith act or omission in providing
the board's materials and form.
The bill also requires certain individuals and entities to provide the board's
materials to specified individuals. The bill requires each school board to provide or
arrange with a nonprofit organization or health care provider to provide
age-appropriate instruction relating to cosleeping while intoxicated for pupils in one
of grades 10 to 12. A county department or Indian tribe that provides home visitation
services and providers of prenatal, postpartum, and young child care coordination
services must provide to recipients of those services a copy of the board's printed
materials and give an oral explanation of those materials. Under the bill, a county
department, a nonprofit organization, a school board, a health care provider, an
Indian tribe, or a provider of prenatal, postpartum, and young child care
coordination is immune from liability for any damages resulting from any good faith
act or omission in connection with providing training on cosleeping while intoxicated
or providing materials relating to cosleeping while intoxicated.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB465,1 1Section 1. 253.155 of the statutes is created to read:
AB465,2,2 2253.155 Intoxicated cosleeping. (1) Definitions. In this section:
AB465,2,33 (a) "Board" means the child abuse and neglect prevention board.
AB465,2,44 (b) "Controlled substance" has the meaning given in s. 961.01 (4).
AB465,3,1
1(c) "Controlled substance analog" has the meaning given in s. 961.01 (4m).
AB465,3,32 (d) "Cosleeping" means being asleep or unconscious while being on the same
3bed or on another sleeping surface with an infant.
AB465,3,54 (e) "County department" means a county department of human services or
5social services under s. 46.215, 46.22, or 46.23.
AB465,3,86 (f) "Health care provider" means any person who is licensed, registered,
7permitted, or certified by the department of health services or the department of
8safety and professional services to provide health care services in this state.
AB465,3,99 (g) "Infant" means a child from birth until 12 months of age.
AB465,3,1310 (h) "Intoxicated" means having an alcohol concentration of 0.08 or more or
11having substantially impaired physical or mental functioning as a result of the use
12of alcohol, a controlled substance, or a controlled substance analog or other drug, or
13any combination of those substances.
AB465,3,1614 (i) "Nonprofit organization" means an organization described in section 501 (c)
15(3) of the Internal Revenue Code that is dedicated to the prevention of injury to or
16death of infants and the support of families affected by injury to or death of an infant.
AB465,4,8 17(2) Informational materials. The board shall purchase or prepare, or arrange
18with a nonprofit organization to prepare, printed and audiovisual materials relating
19to cosleeping while intoxicated. The materials shall include information regarding
20the risks of cosleeping while intoxicated and a discussion of ways to reduce the risks
21of cosleeping while intoxicated. The materials shall be prepared in English, Spanish,
22and other languages spoken by a significant number of state residents, as
23determined by the board. The board shall make those printed and audiovisual
24materials available to all hospitals, maternity homes, and nurse-midwives licensed
25under s. 441.15 that are required to provide or make available materials to parents

1under sub. (3) (a) 1., and to all school boards and nonprofit organizations that are
2permitted to provide the materials to pupils in one of grades 10 to 12 under sub. (4).
3The board shall also make those printed materials available to all county
4departments and Indian tribes that are providing home visitation services under s.
548.983 (4) (b) 1. and to all providers of prenatal, postpartum, and young child care
6coordination services under s. 49.45 (44). The board may satisfy the requirement
7under this subsection by making the materials available at no charge on the board's
8Internet site.
AB465,4,16 9(3) Information to parents. (a) 1. Before an infant who is born at or en route
10to a hospital or maternity home is discharged from the hospital or maternity home,
11the attending physician, the attending nurse-midwife, or another trained,
12designated staff member of the hospital or maternity home shall provide to the
13parents of the infant, without cost to those parents, a copy of the printed materials
14purchased or prepared under sub. (2), shall inform those parents of the availability
15of the audiovisual materials purchased or prepared under sub. (2), and shall make
16those audiovisual materials available for those parents to view.
AB465,4,2317 2. Within 7 days after the birth of an infant who is born elsewhere than at or
18en route to a hospital or maternity home, the attending physician, the attending
19nurse-midwife, or a trained, designated birth attendant who attended the birth of
20the child shall provide to the parents of the infant, without cost to those parents, a
21copy of the printed materials purchased or prepared under sub. (2) and shall inform
22those parents of the availability of the audiovisual materials purchased or prepared
23under sub. (2).
AB465,5,324 (b) At the same time that the printed materials are provided under par. (a) 1.
25or 2., the person who provides the printed materials shall also provide the parent

1with a form prepared by the board in English, Spanish, and other languages spoken
2by a significant number of state residents, as determined by the board, that includes
3all of the following:
AB465,5,54 1. A statement that the parent has been advised as to the risks of cosleeping
5while that parent is intoxicated.
AB465,5,76 2. A statement that the parent will share the information specified in subd. 1.
7with all persons who provide care for the infant.
AB465,5,98 (c) In preparing the form under par. (b), the board may not include in the form
9a signature line for the parent to sign or require that the parent sign the form.
AB465,5,1610 (d) The person who provides the printed materials under par. (a) 1. or 2. and
11the form under par. (b) shall include in the records of the hospital, maternity home,
12or nurse-midwife relating to the infant a statement that the printed materials and
13form have been provided as required under pars. (a) 1. or 2. and (b) and that the
14audiovisual materials have been made available as required under par. (a) 1. or that
15the parents have been informed of their availability as required under par. (a) 2.,
16whichever is applicable.
AB465,5,23 17(4) Instruction for pupils. Each school board shall provide or arrange with
18a nonprofit organization or health care provider to provide age-appropriate
19instruction relating to cosleeping while intoxicated for pupils in one of grades 10 to
2012. The person providing the instruction may provide to each pupil receiving the
21instruction a copy of the printed materials purchased or prepared under sub. (2), a
22presentation of the audiovisual materials purchased or prepared under sub. (2), and
23an oral explanation of those printed and audiovisual materials.
AB465,6,4 24(5) Information to home visitation or care coordination services recipients.
25A county department or Indian tribe that is providing home visitation services under

1s. 48.983 (4) (b) 1. and a provider of prenatal, postpartum, and young child care
2coordination services under s. 49.45 (44) shall provide to a recipient of those services,
3without cost, a copy of the printed materials purchased or prepared under sub. (2)
4and an oral explanation of those materials.
AB465,6,9 5(6) Immunity from liability. (a) The board, a nonprofit organization specified
6under sub. (2), or a person from whom the board purchases the materials specified
7in sub. (2) is immune from liability for any damages resulting from any good faith
8act or omission in preparing and distributing, or in failing to prepare and distribute,
9the materials specified in sub. (2).
AB465,6,1410 (b) A hospital, maternity home, physician, nurse-midwife, other staff member
11of a hospital or maternity home, or other birth attendant attending the birth of an
12infant is immune from liability for any damages resulting from any good faith act or
13omission in providing or failing to provide the printed and audiovisual materials
14specified in sub. (3) (a) or the form specified in sub. (3) (b).
AB465,6,1815 (c) A school board, nonprofit organization, or health care provider specified
16under sub. (4) is immune from liability for any damages resulting from any good faith
17act or omission in providing or failing to provide the instruction and the printed and
18audiovisual materials and oral explanation specified in sub. (4).
AB465,6,2319 (d) A county department or Indian tribe that is providing home visitation
20services under s. 48.983 (4) (b) 1. and a provider of prenatal, postpartum, and young
21child care coordination services under s. 49.45 (44) is immune from liability for any
22damages resulting from any good faith act or omission in providing or failing to
23provide the printed materials and oral explanation specified in sub. (5).
AB465,2 24Section 2. 948.215 of the statutes is created to read:
AB465,6,25 25948.215 Intoxicated cosleeping. (1) Definitions. In this section:
AB465,7,2
1(a) "Cosleep" means to be asleep or unconscious while being on the same bed
2or on another sleeping surface with an infant.
AB465,7,33 (b) "Infant" means a child from birth until 12 months of age.
AB465,7,74 (c) "Intoxicated" means having an alcohol concentration of 0.08 or more or
5having substantially impaired physical or mental functioning as a result of the use
6of alcohol, a controlled substance, or a controlled substance analog or other drug, or
7any combination thereof.
AB465,7,9 8(2) Prohibition. No person may cause harm to an infant by cosleeping, while
9he or she is intoxicated, with the infant.
AB465,7,10 10(3) Penalties. A person who violates sub. (2) is guilty of one of the following:
AB465,7,1111 (a) A Class H felony if bodily harm to the infant is a consequence.
AB465,7,1212 (b) A Class F felony if great bodily harm to the infant is a consequence.
AB465,7,1313 (c) A Class D felony if death to the infant is a consequence.
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