CMH:ahe
January 2017 Special Session
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 3
April 19, 2017 - Offered by Representatives Ott and Nygren.
AB3-AA2,1,11 At the locations indicated, amend the bill as follows:
AB3-AA2,1,2 21. Page 2, line 1: delete lines 1 to 9 and substitute:
AB3-AA2,1,3 3 Section 1c. 961.443 (1) (a), (b) and (c) of the statutes are amended to read:
AB3-AA2,1,94 961.443 (1) (a) Brings another person to an emergency room, hospital, fire
5station, or other health care facility and makes contact with an individual who staffs
6the emergency room, hospital, fire station, or other health care facility
if the other
7person is, or the if a reasonable person believes would believe him or her to be,
8suffering from an overdose of, or other adverse reaction to, any controlled substance
9or controlled substance analog.
AB3-AA2,2,210 (b) Summons and makes contact with a law enforcement officer, ambulance,
11emergency medical technician, or other health care provider, in order to assist
12another person if the other person is, or the if a reasonable person believes would

1believe
him or her to be, suffering from an overdose of, or other adverse reaction to,
2any controlled substance or controlled substance analog.
AB3-AA2,2,93 (c) Dials Calls the telephone number “911" or, in an area in which the telephone
4number “911" is not available, the number for an emergency medical service
5provider, and makes contact with an individual answering the number with the
6intent
to obtain assistance for another person if the other person is, or the if a
7reasonable
person believes would believe him or her to be, suffering from an overdose
8of, or other adverse reaction to, any controlled substance or controlled substance
9analog.
AB3-AA2,1e 10Section 1e. 961.443 (2) (title) of the statutes is amended to read:
AB3-AA2,2,1211 961.443 (2) (title) Immunity from criminal prosecution and revocation of
12parole, probation, or extended supervision
.
AB3-AA2,1em 13Section 1em. 961.443 (2) (title) of the statutes, as affected by 2017 Wisconsin
14Act .... (this act), is amended to read:
AB3-AA2,2,1615 961.443 (2) (title) Immunity from criminal prosecution and revocation of
16parole, probation, or extended supervision
.
AB3-AA2,1g 17Section 1g. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
18amended to read:
AB3-AA2,3,219 961.443 (2) (a) An No aider may have his or her parole, probation, or extended
20supervision revoked, and an
aider is immune from prosecution under s. 961.573 for
21the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
22controlled substance or a controlled substance analog, and under s. 961.69 (2) for
23possession of a masking agent, under the circumstances surrounding or leading to
24his or her commission of an act described in sub. (1) if the aider's attempt to obtain

1assistance occurs immediately after the aider believes the other person is suffering
2from the overdose or other adverse reaction
.
AB3-AA2,1gm 3Section 1gm. 961.443 (2) (a) of the statutes, as affected by 2017 Wisconsin Act
4.... (this act), is renumbered 961.443 (2) and amended to read:
AB3-AA2,3,125 961.443 (2) No aider may have his or her parole, probation, or extended
6supervision revoked, and an
An aider is immune from prosecution under s. 961.573
7for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of
8a controlled substance or a controlled substance analog, and under s. 961.69 (2) for
9possession of a masking agent, under the circumstances surrounding or leading to
10his or her commission of an act described in sub. (1) if the aider's attempt to obtain
11assistance occurs immediately after the aider believes the other person is suffering
12from the overdose or other adverse reaction
.
AB3-AA2,1i 13Section 1i. 961.443 (2) (b) of the statutes is created to read:
AB3-AA2,3,1914 961.443 (2) (b) 1. No aided person may have his or her parole, probation, or
15extended supervision revoked under the circumstances surrounding or leading to an
16aider's commission of an act described in sub. (1) if the aided person completes a
17treatment program as a condition of his or her parole, probation, or extended
18supervision or, if a treatment program is unavailable or would be prohibitive
19financially, agrees to be imprisoned in the county jail for not less than 15 days.
AB3-AA2,4,320 2. If an aided person is subject to prosecution under s. 961.573 for the
21possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
22controlled substance or a controlled substance analog, or under s. 961.69 (2) for
23possession of a masking agent under the circumstances surrounding or leading to an
24aider's commission of an act described in sub. (1), the district attorney shall offer the
25aided person a deferred prosecution agreement that includes the completion of a

1treatment program. This subdivision does not apply to an aided person who is on
2parole, probation, or extended supervision and fails to meet a condition under subd.
31.
AB3-AA2,1im 4Section 1im. 961.443 (2) (b) of the statutes, as created by 2017 Wisconsin Act
5.... (this act), is repealed.
AB3-AA2,1y 6Section 1y. Effective dates. This act takes effect on the day after publication,
7except as follows:
AB3-AA2,4,10 8(1) Sunset for evaluation of legislation. The treatment of section 961.443 (2)
9(title) (by Section 1em), (a) (by Section 1gm), and (b) (by Section 1im) of the statutes
10takes effect on the first day of the 37th month beginning after publication.” .
AB3-AA2,4,1111 (End)
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