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SB889: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5311/1
MJW:skw
2025 SENATE BILL 889
January 27, 2026 - Introduced by Senators
James
and
Cabral-Guevara
, cosponsored by Representatives
Dittrich
,
Armstrong
,
Clancy
,
Doyle
,
Gundrum
,
Knodl
,
Madison
,
Snodgrass
and
Stubbs
. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
SB889,1,3
1
An Act
to renumber and amend
961.443 (2);
to amend
961.443 (2) (title);
to
2
create
961.443 (2) (b) of the statutes;
relating to:
immunity for certain
3
controlled substances offenses for aiders and aided persons.
Analysis by the Legislative Reference Bureau
Current law grants immunity from prosecution for possessing a controlled substance to a person, called an aider, who summons or provides emergency medical assistance to another person because the aider believes the other person is suffering from an overdose or other adverse reaction to a controlled substance. Under
2017 Wisconsin Act 33
, an aider was also immune from having parole, probation, or extended supervision revoked for possessing a controlled substance under the same circumstances.
2017 Act 33
also granted the aided person immunity from having parole, probation, or extended supervision revoked for possessing a controlled substance when an aider seeks assistance for the aided person. The immunity applied only if the aided person completes a treatment program as part of his or her parole, probation, or extended supervision.
2017 Act 33
also provided that a prosecutor must offer an aided person who is subject to prosecution for possessing a controlled substance a deferred prosecution agreement if the aided person completes a treatment program.
The expanded immunities under
2017 Act 33
were temporary and expired on August 1, 2020. This bill permanently restores these expanded immunities from
2017 Act 33
.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB889,1
1
Section
1
.
961.443 (2) (title) of the statutes is amended to read:
SB889,2,3
2
961.443
(2)
(title)
Immunity from criminal prosecution
and revocation
3
of parole, probation, or extended supervision
.
SB889,2
4
Section
2
.
961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
5
amended to read:
SB889,2,13
6
961.443
(2)
(a)
An
No aider may have his or her parole, probation, or extended
7
supervision revoked, and an
aider is immune from prosecution under s. 961.573 for
8
the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
9
controlled substance or a controlled substance analog, and under s. 961.69 (2) for
10
possession of a masking agent under the circumstances surrounding or leading to
11
his or her commission of an act described in sub. (1)
if the aider’s attempt to obtain
12
assistance occurs as soon as is practicable after the aider believes the other person
13
is suffering from the overdose or other adverse reaction
.
SB889,3
14
Section
3
.
961.443 (2) (b) of the statutes is created to read:
SB889,2,20
15
961.443
(2)
(b) 1. No aided person may have his or her parole, probation, or
16
extended supervision revoked under the circumstances surrounding or leading to
17
an aider’s commission of an act described in sub. (1) if the aided person completes a
18
treatment program as a condition of his or her parole, probation, or extended
19
supervision or, if a treatment program is unavailable or would be prohibitive
20
financially, agrees to be imprisoned in the county jail for not less than 15 days.
SB889,3,9
1
2. If an aided person is subject to prosecution under s. 961.573 for the
2
possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
3
controlled substance or a controlled substance analog, or under s. 961.69 (2) for
4
possession of a masking agent under the circumstances surrounding or leading to
5
an aider’s commission of an act described in sub. (1), the district attorney shall offer
6
the aided person a deferred prosecution agreement that includes the completion of
7
a treatment program. This subdivision does not apply to an aided person who is on
8
parole, probation, or extended supervision and fails to meet a condition under subd.
9
1.
SB889,3,10
10
(end)
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