Wisconsin Assembly Bill AB417

Wisconsin 2025-2026 Regular Session

• Introduced: 9/15/25
• Refer: 9/15/25
• Report Pass: 10/16/25
• Refer: 10/16/25
• Failed: 3/23/26

Caption

An Act to repeal 968.38 (5) (a) and 968.38 (5) (b); to renumber 968.38 (1) (a); to amend 146.81 (4), 252.11 (5m), 252.15 (2m) (b) 3., 252.15 (3m) (d) 14., 252.15 (4) (c), 901.05 (3), 968.38 (2m) (intro.), 968.38 (2m) (a), 968.38 (2m) (b), 968.38 (5) (intro.) and 968.38 (5) (c); to create 968.38 (1) (ag), 968.38 (1) (br), 968.38 (1) (bv), 968.38 (2s), 968.38 (5) (am), 968.38 (5) (bm), 968.38 (6) and 973.20 (4r) of the statutes; Relating to: emergency testing of a criminal defendant for certain diseases. (FE)

Impact

The introduction of AB 417 will amend existing statutes to provide a more comprehensive approach to testing defendants for communicable diseases. By allowing the district attorney to apply for testing at any point during the legal process, the bill ensures that timely and potentially life-saving measures can be taken to protect public health. This change is particularly critical for instances of bodily fluid exposure, which can carry various infectious diseases. Furthermore, if convicted, defendants will also bear the costs of their testing, which adds a form of financial accountability regarding health risks posed to public safety personnel.

Summary

Assembly Bill 417 focuses on the emergency testing of criminal defendants for communicable diseases when the potential for transmitting such diseases to public safety workers, prosecutors, or correctional staff members exists. The bill proposes significant changes to the existing legal framework governing communicable disease testing and mandates an expedited response when a risk is identified. Traditionally, only certain crimes, such as those involving bodily substances thrown at public safety workers, invoked testing; however, this bill broadens the scope to include any crime under similar circumstances. Thus, it aims to protect those serving in critical public safety roles by ensuring they are not unnecessarily exposed to potential health risks from violent encounters with defendants.

Contention

While the bill aims to enhance the safety of public safety workers, it raises concerns about civil liberties and the rights of defendants. Critics may argue that such expedited testing procedures could infringe upon due process rights, especially when waiving hearings in an expedited manner. Moreover, there are worries that this could lead to potential misuse or overreach in criminal law, dictating how criminal proceedings are handled in relation to public health rather than focusing solely on legal matters. Balancing the urgent need for health safety and the preservation of individual rights may spark debate amongst lawmakers and advocacy groups as they consider this legislation.