Wisconsin Senate Bill SB889

Wisconsin 2025-2026 Regular Session

• Introduced: 1/27/26
• Refer: 1/27/26
• Failed: 3/23/26

Caption

An Act to renumber and amend 961.443 (2); to amend 961.443 (2) (title); to create 961.443 (2) (b) of the statutes; Relating to: immunity for certain controlled substances offenses for aiders and aided persons.

Summary

SB889 would permanently restore and expand Wisconsin’s “good Samaritan” drug-overdose immunity provisions that had previously been enacted in 2017 Act 33 but expired in 2020. The bill keeps immunity for an “aider” who seeks emergency help for someone believed to be experiencing an overdose or other adverse reaction to a controlled substance, protecting that person from prosecution for possession of drug paraphernalia, possession of a controlled substance or controlled substance analog, and possession of a masking agent when the conduct occurs in the circumstances surrounding the emergency response. The bill also adds a separate provision for the “aided person.” If the aided person is on parole, probation, or extended supervision, the bill would bar revocation for the related conduct if the person completes a treatment program as a condition of supervision, or, if treatment is unavailable or financially prohibitive, agrees to serve at least 15 days in county jail. If the aided person is facing prosecution for the same possession-related offenses, the district attorney would be required to offer a deferred prosecution agreement that includes completion of a treatment program, unless the person is already on supervision and fails to meet the required condition.

Impact

SB889 would amend Wisconsin Statutes section 961.443 to restore and make permanent immunity and diversion-related protections for overdose-related drug offenses. It would broaden the current immunity framework beyond the aider to include the aided person, affecting criminal prosecution, parole, probation, and extended supervision revocation, as well as prosecutorial charging and deferred prosecution practices. The bill would primarily affect individuals involved in overdose emergencies, district attorneys, and supervision authorities, and it would reinstate protections that had lapsed after August 1, 2020.

Sentiment

The available record shows no committee transcript or recorded votes, so there is no documented floor or committee debate to gauge detailed sentiment. Based on the bill’s structure and sponsorship, the measure appears to be framed as a public-health and harm-reduction response to overdose emergencies, with bipartisan-style cosponsorship suggesting some support for restoring the expired protections. The bill ultimately failed to pass pursuant to Senate Joint Resolution 1, indicating that it did not secure final legislative approval despite being introduced and referred to committee.

Contention

The main points of potential contention are the scope of immunity and the balance between treatment-oriented responses and criminal accountability. Supporters would likely favor the bill for encouraging people to call for help during overdoses without fear of prosecution or supervision revocation, while critics may object to extending immunity to possession offenses and requiring prosecutors to offer deferred prosecution agreements. The provision allowing a county-jail alternative when treatment is unavailable or too costly may also raise concerns about unequal access to treatment, local jail capacity, and whether the bill sufficiently conditions relief on rehabilitation.