AB 634

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. 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. 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 Act 33 were temporary and expired on August

1, 2020. This bill permanently restores these expanded immunities from Act 33.