2021 - 2022 LEGISLATURE
March 24, 2021 - Introduced by Senators Stroebel, Darling, Nass,
L. Taylor and
Marklein, cosponsored by Representatives Knodl,
Rozar, Tittl, Kuglitsch, Skowronski and Brandtjen. Referred to Committee
on Judiciary and Public Safety.
1An Act to create
941.33 of the statutes; relating to: reckless handling of a
2vaccine or drug and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes damage to another's
property is guilty of a Class A misdemeanor. If the damage reduces the property
value by more than $2,500, the penalty is increased to a Class I felony.
Under this bill, a person who recklessly handles, stores, or treats a vaccine,
drug, or biologic product used as a therapeutic treatment in a manner that may
render the item unsafe, tainted, spoiled, ineffective, or unusable is guilty of a Class
I felony. Under the bill, unlike the current law prohibition against damaging
property, the item would not actually have to be damaged in order for the person to
be found guilty. The current law definition of reckless would apply in this crime so
the person, in doing the act, must create an unreasonable and substantial risk of
death or great bodily harm to another and must be aware of that risk.
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
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
941.33 of the statutes is created to read:
1941.33 Reckless handling of vaccine or drug.
Whoever recklessly handles, 2
stores, or treats a vaccine, drug, or any other biologic product used as a therapeutic 3
treatment in a manner that may render the vaccine, drug, or product unsafe, tainted, 4
spoiled, ineffective, or otherwise unusable is guilty of a Class I felony.