AB188,10,2018 (e) A fatality review team shall enter data regarding each reviewable death
19under review into any secure database designated by the department or its
20contracted entity.
AB188,10,2321 (f) A fatality review team shall assign, as appropriate for the specific type of
22review, a member of the team to complete any standardized form developed by the
23department under sub. (2) (d).
AB188,11,7 24(4) Disclosure of information; immunity. (a) Information and records
25provided to or created by a fatality review team are confidential, except as otherwise

1provided in this section, and are not subject to inspection or copying under s. 19.35.
2Before a member of a fatality review team may participate in the review of a
3reviewable death, the member must sign a copy of the confidentiality agreement
4described under sub. (2) (f) and review the purpose and goals of the fatality review
5team. Any person who is invited to a fatality review team meeting must sign a copy
6of the confidentiality agreement described under sub. (2) (f) before attending or
7participating in the meeting.
AB188,11,148 (b) Except as otherwise provided in this section, a member of a fatality review
9team may share information disclosed to the fatality review team regarding a
10reviewable death with other members of that fatality review team or with another
11fatality review team conducting a review of the same individual's death, except that
12the member may not distribute additional, printed copies of any information or
13record that is disclosed to him or her to other members of the member's fatality
14review team.
AB188,11,2415 (c) Any person participating in the review of a reviewable death by a fatality
16review team, including any member of a fatality review team, a person attending a
17fatality review meeting, or a person who presents information to the fatality review
18team, and any person providing information or records to the fatality review team
19for the purpose of reviewing a reviewable death, may not testify in any civil or
20criminal action as to the information specifically obtained through the person's
21participation in the fatality review team's meeting or to any conclusion of the fatality
22review team regarding a reviewable death. This paragraph does not prohibit a
23person from testifying to information that is obtained independently of a fatality
24review team or that is public information.
AB188,12,4
1(d) A person who attends a fatality review team meeting or presents
2information to a fatality review team is not prohibited under par. (a) or (b) from
3disclosing information or records obtained independently of the review if that
4disclosure is otherwise permitted under state or federal law.
AB188,12,75 (e) 1. A fatality review team may disclose information if the disclosure is made
6for the purpose of fulfilling a purpose of the fatality review team and if the
7information meets all of the following criteria:
AB188,12,118 a. The information does not contain any information that identifies the names
9or identifying numbers of individuals and does not contain other information for
10which there is reasonable basis to believe that the information could be used to
11identify an individual or entity.
AB188,12,1212 b. The information does not contain addresses other than zip codes.
AB188,12,1413 c. The information does not contain dates of birth, death, or incident other than
14the year.
AB188,12,1715 d. The information does not contain conclusory information attributing fault,
16not including findings or judgments by law enforcement agencies, courts, or child
17welfare agencies.
AB188,12,2018 2. Any of the following items, if the item does not contain any information that
19would allow the identity of an individual to be ascertained, may be disclosed or
20treated as public information:
AB188,12,2121 a. Statistical or aggregate compilations of data.
AB188,12,2222 b. Reports from fatality review teams.
AB188,13,423 (f) Information and records provided or obtained in the course of a fatality
24review under this section are not subject to discovery or subpoena in a civil or
25criminal action or an administrative proceeding and are not admissible as evidence

1during the course of a civil or criminal action or an administrative proceeding, except
2that information and records obtained independently of a review under this section
3are not immune from discovery merely because the information or records were
4presented to a fatality review team.
AB188,13,145 (g) Any person participating in a fatality review team's meeting under this
6section is immune from any civil or criminal liability for any good faith act or
7omission in connection with providing information or recommendations relevant to
8review of a reviewable death to the fatality review team in accordance with this
9section or any conclusions or recommendations reached by the fatality review team
10made in good faith. The immunity granted under this paragraph applies to persons
11conducting the review as well as persons providing information or records to the
12fatality review team for the meeting. For the purpose of any civil or criminal action,
13any person participating in a review under this section is presumed to be acting in
14good faith.
AB188,13,18 15(5) Meetings. (a) Meetings of a fatality review team shall be closed to the
16public and are not subject to subch. V of ch. 19. A fatality review team may hold a
17public meeting to share summary findings and recommendations of reviews by
18fatality review teams.
AB188,13,2019 (b) During a public meeting under par. (a), no person may disclose information
20on or agency involvement with any of the following:
AB188,13,2121 1. A deceased individual.
AB188,13,2222 2. A family member, guardian, or caretaker of a deceased individual.
AB188,13,2423 3. An individual convicted of a crime or adjudicated as having committed a
24delinquent act that caused a death or near fatality.
AB188,14,4
1(c) This subsection does not prohibit a fatality review team from requesting the
2attendance at a team meeting of a person who has information relevant to the team's
3exercise of its purpose and duties, provided that any person attending the meeting
4signs the confidentiality agreement as described under sub. (2) (f).
AB188,8 5Section 8. 938.396 (1) (a) of the statutes is amended to read:
AB188,14,96 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
7shall be kept separate from records of adults. Law enforcement agency records of
8juveniles may not be open to inspection or their contents disclosed except under par.
9(b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 250.22 or 938.293 or by order of the court.
AB188,9 10Section 9. 938.396 (2) (a) of the statutes is amended to read:
AB188,14,1611 938.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
12chapter and ch. 48 and of municipal courts exercising jurisdiction under s. 938.17 (2)
13shall be entered in books or deposited in files kept for that purpose only. Those
14records shall not be open to inspection or their contents disclosed except by order of
15the court assigned to exercise jurisdiction under this chapter and ch. 48 or as
16required or permitted under sub. (2g), (2m) (b) or (c), or (10) or s. 250.22.
AB188,10 17Section 10. 938.78 (2) (a) of the statutes is amended to read:
AB188,14,2218 938.78 (2) (a) No agency may make available for inspection or disclose the
19contents of any record kept or information received about an individual who is or was
20in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396 (3)
21(bm) or (c) 1r., 250.22, 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c) 1r.,
22938.51, or 938.57 (2m) or by order of the court.
AB188,11 23Section 11. 961.385 (2) (cm) 5. of the statutes is created to read:
AB188,14,2524 961.385 (2) (cm) 5. An overdose fatality review team or a suicide review team
25under s. 250.22 (3) (b) 15.
AB188,12
1Section 12. Effective date.
AB188,15,32 (1) This act takes effect on the first day of the 13th month beginning after
3publication.
AB188,15,44 (End)
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