Bill
Bill > AB904
summary
Introduced
01/23/2026
01/23/2026
In Committee
01/23/2026
01/23/2026
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
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. 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.
AI Summary
This bill permanently restores temporary protections that expired in August 2020, which aimed to encourage people to seek help during drug overdoses or adverse reactions. Specifically, it grants immunity from criminal prosecution and from having parole, probation, or extended supervision revoked for individuals who call for emergency medical assistance for someone experiencing such an event, provided they do so as soon as practicable. This immunity applies to possessing controlled substances, drug paraphernalia, or masking agents. For the person receiving aid (the "aided person"), if they are facing charges for possession offenses related to the incident, prosecutors must offer a deferred prosecution agreement, which involves completing a treatment program, unless they are already on parole, probation, or extended supervision and fail to meet certain conditions. If treatment is unavailable or too expensive, the aided person can agree to serve at least 15 days in county jail instead. Parole, probation, or extended supervision revocation for the aided person is also waived if they complete a treatment program as part of their supervision or fulfill the jail time alternative.
Committee Categories
Justice
Sponsors (11)
David Armstrong (R)*,
Ryan Clancy (D)*,
Barbara Dittrich (R)*,
Steve Doyle (D)*,
Rick Gundrum (R)*,
Dan Knodl (R)*,
Darrin Madison (D)*,
Lee Snodgrass (D)*,
Shelia Stubbs (D)*,
Rachael Cabral-Guevara (R),
Jesse James (R),
Last Action
Representative Snodgrass withdrawn as a coauthor (on 02/12/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab904 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/AB904.pdf |
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