PJH&TJD:kjf:rs
2015 - 2016 LEGISLATURE
February 24, 2015 - Introduced by Senators Darling, Vukmir and Wanggaard,
cosponsored by Representatives Kerkman, Edming, Kleefisch, Knodl,
Kremer, Kulp, T. Larson, Murphy, Thiesfeldt, Tittl and Weatherston.
Referred to Committee on Health and Human Services.
SB46,1,3 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 safe
3sleep, 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 safe sleep and the dangers 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.
The bill requires a physician, a nurse-midwife, or another trained, designated
health care provider to provide to a pregnant woman, free of charge and during a
prenatal health care appointment in her third trimester of pregnancy, a copy of the
board's printed materials, and to inform the woman of, and make available to her to

view, the board's audiovisual materials. Under the bill, if after a child is born, the
mother's medical records do not indicate she received the materials at a prenatal
appointment, a physician, a nurse-midwife, a birth attendant, or another trained,
designated health care provider must provide to each parent of the infant who is
present, before the mother is discharged from the hospital or maternity home, a copy
of the printed materials and inform them of the board's audiovisual materials. At
the same time the materials are provided to the mother or 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 safe sleep, including dangers of 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 the training or
materials.
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:
SB46,1 1Section 1. 253.155 of the statutes is created to read:
SB46,2,2 2253.155 Safe sleep. (1) Definitions. In this section:
SB46,2,33 (a) "Board" means the child abuse and neglect prevention board.
SB46,2,44 (b) "Controlled substance" has the meaning given in s. 961.01 (4).
SB46,3,1
1(c) "Controlled substance analog" has the meaning given in s. 961.01 (4m).
SB46,3,32 (d) "Cosleeping" means being asleep or unconscious while being on the same
3bed or on another sleeping surface with an infant.
SB46,3,54 (e) "County department" means a county department of human services or
5social services under s. 46.215, 46.22, or 46.23.
SB46,3,86 (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.
SB46,3,99 (g) "Infant" means a child from birth until 12 months of age.
SB46,3,1310 (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.
SB46,3,1614 (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.
SB46,4,6 17(2) Informational materials. The board shall purchase or prepare, or arrange
18with a nonprofit organization to prepare, printed and audiovisual materials relating
19to safe sleep, including the dangers of cosleeping while intoxicated. The materials
20shall be prepared in English, Spanish, and other languages spoken by a significant
21number of state residents, as determined by the board. The board shall make those
22printed and audiovisual materials available to all hospitals and maternity homes
23and to nurse-midwives licensed under s. 441.15 that are required to provide or make
24available materials to a parent under sub. (3) (a), and to all school boards and
25nonprofit organizations that are permitted to provide the materials to pupils in one

1of grades 10 to 12 under sub. (4). The board shall also make those printed materials
2available to all county departments and Indian tribes that are providing home
3visitation services under s. 48.983 (4) (b) 1. and to all providers of prenatal,
4postpartum, and young child care coordination services under s. 49.45 (44). The
5board may satisfy the requirement under this subsection by making the materials
6available at no charge on the board's Internet site.
SB46,4,13 7(3) Information to parents. (a) 1. During a prenatal health care appointment
8during the 3rd trimester of pregnancy, a physician, a nurse-midwife, or another
9trained, designated health care provider shall provide to the mother of the unborn
10child, without cost to the mother, a copy of the printed materials purchased or
11prepared under sub. (2), shall inform the mother of the availability of the audiovisual
12materials purchased or prepared under sub. (2), and shall make those audiovisual
13materials available for the mother to view.
SB46,4,2114 2. If the medical records of the mother do not include the statement under par.
15(d) that the materials and form have been provided to her at a prenatal appointment
16as described under subd. 1., a physician, a nurse-midwife, a birth attendant, or
17another trained, designated health care provider shall provide to each parent of the
18infant who is present, before the mother is discharged from the hospital or maternity
19home after childbirth and without cost to the parent, a copy of the printed materials
20purchased or prepared under sub. (2) and shall inform the parent of the availability
21of the audiovisual materials purchased or prepared under sub. (2).
SB46,5,222 (b) At the same time that the printed materials are provided under par. (a) 1.
23or 2., the person who provides the printed materials shall also provide the parent
24with a form prepared by the board in English, Spanish, and other languages spoken

1by a significant number of state residents, as determined by the board, that includes
2all of the following:
SB46,5,43 1. A statement that the parent has been advised as to the risks of cosleeping
4while that parent is intoxicated.
SB46,5,65 2. A statement that the parent will share the information specified in subd. 1.
6with all persons who provide care for the infant.
SB46,5,87 (c) In preparing the form under par. (b), the board may not include in the form
8a signature line for the parent to sign or require that the parent sign the form.
SB46,5,149 (d) The person who provides the printed materials under par. (a) 1. or 2. and
10the form under par. (b) shall include in the medical records of the mother a statement
11that the printed materials and form have been provided as required under pars. (a)
121. or 2. and (b) and that the audiovisual materials have been made available as
13required under par. (a) 1. or that a parent has been informed of their availability as
14required under par. (a) 2., whichever is applicable.
SB46,5,22 15(4) Instruction for pupils. Each school board shall provide or arrange with
16a nonprofit organization or health care provider to provide age-appropriate
17instruction relating to safe sleep, including the dangers of cosleeping while
18intoxicated, for pupils in one of grades 10 to 12. The person providing the instruction
19may provide to each pupil receiving the instruction a copy of the printed materials
20purchased or prepared under sub. (2), a presentation of the audiovisual materials
21purchased or prepared under sub. (2), and an oral explanation of those printed and
22audiovisual materials.
SB46,6,3 23(5) Information to home visitation or care coordination services recipients.
24A county department or Indian tribe that is providing home visitation services under
25s. 48.983 (4) (b) 1. and a provider of prenatal, postpartum, and young child care

1coordination services under s. 49.45 (44) shall provide to a recipient of those services,
2without cost, a copy of the printed materials purchased or prepared under sub. (2)
3and an oral explanation of those materials.
SB46,6,8 4(6) Immunity from liability. (a) The board, a nonprofit organization specified
5under sub. (2), or a person from whom the board purchases the materials specified
6in sub. (2) is immune from liability for any damages resulting from any good faith
7act or omission in preparing and distributing, or in failing to prepare and distribute,
8the materials specified in sub. (2).
SB46,6,129 (b) A hospital, maternity home, physician, nurse-midwife, birth attendant, or
10other health care provider is immune from liability for any damages resulting from
11any good faith act or omission in providing or failing to provide the printed and
12audiovisual materials specified in sub. (3) (a) or the form specified in sub. (3) (b).
SB46,6,1613 (c) A school board, nonprofit organization, or health care provider specified
14under sub. (4) is immune from liability for any damages resulting from any good faith
15act or omission in providing or failing to provide the instruction and the printed and
16audiovisual materials and oral explanation specified in sub. (4).
SB46,6,2117 (d) A county department or Indian tribe that is providing home visitation
18services under s. 48.983 (4) (b) 1. and a provider of prenatal, postpartum, and young
19child care coordination services under s. 49.45 (44) is immune from liability for any
20damages resulting from any good faith act or omission in providing or failing to
21provide the printed materials and oral explanation specified in sub. (5).
SB46,2 22Section 2. 948.215 of the statutes is created to read:
SB46,6,23 23948.215 Intoxicated cosleeping. (1) Definitions. In this section:
SB46,6,2524 (a) "Cosleeping" means being asleep or unconscious while being on the same
25bed or on another sleeping surface with an infant.
SB46,7,1
1(b) "Infant" means a child from birth until 12 months of age.
SB46,7,52 (c) "Intoxicated" means having an alcohol concentration of 0.08 or more or
3having substantially impaired physical or mental functioning as a result of the use
4of alcohol, a controlled substance, or a controlled substance analog or other drug, or
5any combination thereof.
SB46,7,7 6(2) Prohibition. No person may cause harm to an infant by cosleeping, while
7he or she is intoxicated, with the infant.
SB46,7,8 8(3) Penalties. A person who violates sub. (2) is guilty of one of the following:
SB46,7,99 (a) A Class H felony if bodily harm to the infant is a consequence.
SB46,7,1010 (b) A Class F felony if great bodily harm to the infant is a consequence.
SB46,7,1111 (c) A Class D felony if death to the infant is a consequence.
SB46,7,1212 (End)
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