Bill
Bill > SB889
summary
Introduced
01/27/2026
01/27/2026
In Committee
01/27/2026
01/27/2026
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 LRB-5311/1 MJW:skw 2017 Act 33 also granted the aided person 2025 - 2026 Legislature SENATE BILL 889 August 1, 2020. This bill permanently restores these expanded immunities from 2017 Act 33.
AI Summary
This bill permanently restores temporary protections that were in place under a 2017 law, offering immunity from prosecution and the revocation of parole, probation, or extended supervision (forms of conditional release after a sentence) for individuals involved in controlled substance offenses when they seek or provide emergency medical assistance to someone believed to be suffering from an overdose or adverse reaction. Specifically, the bill ensures that a person who calls for help (an "aider") is protected from facing charges for possessing controlled substances or drug paraphernalia, and their conditional release cannot be revoked for such possession, as long as they act promptly. It also provides protections for the person receiving aid (the "aided person"), preventing their conditional release from being revoked if they complete a drug treatment program or, if treatment is unavailable or too expensive, agree to serve at least 15 days in county jail. Furthermore, prosecutors are required to offer the aided person a deferred prosecution agreement, which is a way to avoid a formal trial and conviction by completing a treatment program, unless the aided person is already on conditional release and fails to meet the program requirements.
Committee Categories
Health and Social Services
Sponsors (11)
Rachael Cabral-Guevara (R)*,
Jesse James (R)*,
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),
Last Action
Representative Snodgrass withdrawn as a cosponsor (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/sen/bill/sb889 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB889.pdf |
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