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Wisconsin Legislature: SB1073: Bill Text
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SB1073: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6412/1
EHS:cjs
2025 SENATE BILL 1073
February 26, 2026 - Introduced by Senators
Hesselbein
,
Jacque
and
Spreitzer
, cosponsored by Representatives
Bare
,
Brown
,
Emerson
,
Goodwin
,
Joers
,
Maxey
,
Miresse
,
Roe
,
Sinicki
and
Udell
. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
SB1073,1,4
1
An Act
to amend
48.195 (1b) (b), 48.195 (1m) (b), 48.195 (1r) (a) (intro.), 1., 2.,
2
5. and 6., 48.195 (1r) (b) and 48.195 (2) (b);
to create
48.195 (1b) (ag) of the
3
statutes;
relating to:
installation of a newborn infant safety device at an
4
emergency medical services station.
Analysis by the Legislative Reference Bureau
Under current law, commonly referred to as the “safe haven law,” a child whom a law enforcement officer, emergency medical technician, or hospital staff member reasonably believes to be 72 hours old or younger (newborn infant) may be taken into custody under circumstances in which a parent of the newborn infant relinquishes custody of the newborn infant to the law enforcement officer, emergency medical technician, or hospital staff member and does not express an intent to return for the newborn infant or in which a parent of the newborn infant leaves the child in a newborn infant safety device installed in a supporting wall of an authorized location and does not express an intent to return for the newborn infant. Current law authorizes only a hospital, fire station, or law enforcement agency to install a newborn infant safety device, and only if the following conditions are met: 1) the building is staffed 24 hours per day or, in the case of a fire station, is staffed 24 hours per day with an emergency medical services practitioner; 2) the device is physically part of the building; 3) the device is equipped with a surveillance system that allows employees at the location to monitor the inside of the device 24 hours per day; and 4) the device is located such that the interior point of access is in an area that is conspicuous and visible to employees of the location. This bill adds an emergency medical services station to the locations that may install a newborn infant safety device. Under the bill, an emergency medical services station is a facility staffed with an emergency medical services practitioner that is not a hospital or fire station.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1073,1
1
Section
1
.
48.195 (1b) (ag) of the statutes is created to read:
SB1073,2,4
2
48.195
(1b)
(ag) “Emergency medical services station” means a facility staffed
3
with an emergency medical services practitioner that is not a hospital or fire
4
station.
SB1073,2
5
Section
2
.
48.195 (1b) (b) of the statutes is amended to read:
SB1073,2,10
6
48.195
(1b)
(b) “Newborn infant safety device” means a device that is installed
7
in a supporting wall of a hospital, fire station,
emergency medical services station,
8
or law enforcement agency and that has an exterior point of access allowing an
9
individual to place a newborn infant inside and an interior point of access allowing
10
individuals inside the building to safely retrieve the newborn infant.
SB1073,3
11
Section
3
.
48.195 (1m) (b) of the statutes is amended to read:
SB1073,3,2
12
48.195
(1m)
(b) If a parent who wishes to relinquish custody of his or her child
13
under this subsection is unable to travel to a sheriff’s office, police station, fire
14
station,
emergency medical services station,
hospital, or other place where a law
15
enforcement officer, emergency medical services practitioner, or hospital staff
16
member is located, the parent may dial the telephone number “911” or, in an area in
17
which the telephone number “911” is not available, the number for an emergency
18
medical service provider, and the person receiving the call shall dispatch a law
1
enforcement officer or emergency medical services practitioner to meet the parent
2
and take the child into custody.
SB1073,4
3
Section
4
.
48.195 (1r) (a) (intro.), 1., 2., 5. and 6. of the statutes are amended
4
to read:
SB1073,3,7
5
48.195
(1r)
(a) (intro.) A hospital, fire station,
emergency medical services
6
station,
or law enforcement agency may install a newborn infant safety device if all
7
of the following criteria are met:
SB1073,3,10
8
1. The hospital or law enforcement agency building is staffed 24 hours per day
9
and the fire station
or emergency medical services station
is staffed 24 hours per
10
day with an emergency medical services practitioner.
SB1073,3,12
11
2. The device is physically part of the hospital, fire station,
emergency medical
12
services station,
or law enforcement agency building.
SB1073,3,15
13
5. The device is equipped with a surveillance system that allows employees of
14
the hospital, fire station,
emergency medical services station,
or law enforcement
15
agency to monitor the inside of the device 24 hours per day.
SB1073,3,18
16
6. The device is located such that the interior point of access is in an area that
17
is conspicuous and visible to the employees of the hospital, fire station,
emergency
18
medical services station,
or law enforcement agency.
SB1073,5
19
Section
5
.
48.195 (1r) (b) of the statutes is amended to read:
SB1073,4,2
20
48.195
(1r)
(b) A hospital, fire station,
emergency medical services station,
or
21
law enforcement agency that uses a newborn infant safety device to accept
22
surrendered newborn infants shall use the surveillance system under par. (a) 5. to
23
monitor the inside of the device 24 hours per day, physically check the device at
1
least twice daily, and test the device at least weekly to ensure that the alarm system
2
is in working order.
SB1073,6
3
Section
6
.
48.195 (2) (b) of the statutes is amended to read:
SB1073,4,14
4
48.195
(2)
(b) A parent who relinquishes custody of a child under sub. (1m) (a)
5
1. and any person who assists the parent in that relinquishment may leave the
6
presence of the law enforcement officer, emergency medical services practitioner, or
7
hospital staff member who took custody of the child at any time. A parent who
8
relinquishes custody of a child under sub. (1m) (a) 2. and any person who assists the
9
parent in that relinquishment may leave the premises of the hospital, fire station,
10
emergency medical services station,
or law enforcement agency at any time. No
11
person may follow or pursue the parent or person assisting the parent, unless the
12
person has reasonable cause to suspect that the child has been the victim of abuse
13
or neglect or that the person assisting the parent has coerced the parent into
14
relinquishing custody of the child.
SB1073,4,15
15
(end)
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