SB 889

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

.