194 Relating to: granting immunity from certain criminal prosecutions for offenses relating to a controlled substance or a controlled substance analog.  

  •   Date of enactment: April 7, 2014
    2013 Assembly Bill 447   Date of publication*: April 8, 2014
    * Section 991.11, Wisconsin Statutes : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
    2013 WISCONSIN ACT 194
    An Act to create 961.443 of the statutes; relating to: granting immunity from certain criminal prosecutions for offenses relating to a controlled substance or a controlled substance analog.
    The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
    Section 1 . 961.443 of the statutes is created to read:
    961.443 Immunity from criminal prosecution; possession. (1) Definitions. In this section, "aider" means a person who does any of the following:
    (a) Brings another person to an emergency room, hospital, fire station, or other health care facility if the other person is, or the person believes him or her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.
    (b) Summons a law enforcement officer, ambulance, emergency medical technician, or other health care provider, to assist another person if the other person is, or the person believes him or her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.
    (c) Dials the telephone number "911" or, in an area in which the telephone number "911" is not available, the number for an emergency medical service provider, to obtain assistance for another person if the other person is, or the person believes him or her to be, suffering from an overdose of, or other adverse reaction to, any controlled substance or controlled substance analog.
    (2) Immunity from criminal prosecution. An aider is immune from prosecution under s. 961.573, for the possession of drug paraphernalia, and under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, under the circumstances surrounding or leading to his or her commission of an act described in sub. (1).

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