MADISON, Wis. (WSAW) – The state Senate Committee on Mental Health, Substance Abuse Prevention, and Children and Families is considering legislation that would protect drug users and distributors who call 911 during an overdose.
Senate Bill 889 would create a new law granting immunity from prosecution to those who provide care during an overdose, shielding them from charges related to drug possession or drug-related materials.
The bill would permanently restore a 2017 law that provided immunity from prosecution and from having parole, probation or extended supervision revoked for those involved in a drug offense.
The bill would grant immunity for people on drugs who call 911 during an overdose
Those protections were designed to encourage people to act quickly to save lives.
Ben Bruso of Vivent Health said the current law falls short of that goal.
“In an overdose situation, every second matters,” Bruso said. “This is a medical emergency. Current law creates narrow and complicated protections, which in turn creates fear, confusion, and doubt, resulting in hesitancy to act that cost lives.”
Republican Sen. Jesse James said the bill would foster a society of empathy rather than treating addiction solely as a criminal matter.
Marianne Oleson, operations director of EX-Incarcerated People Organizing of Wisconsin, said fear is driving people away from seeking help.
“To re-adopt what was here in 2017 and lost in 2020 to make it clear that if a person seeks emergency help as soon as practicable, Wisconsin will prioritize saving a life, not building a case,” Oleson said.
The bill also prevents revoking conditional release for drug users who complete a treatment program. Those who do not complete or opt out of treatment would serve at least 15 days in jail.
Prosecutors would also be required to offer a plea deal to the person who received aid during the overdose.
Sen. James said the committee welcomes further discussion to improve the bill while it remains in committee.
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