Wisconsin 2025 Regular Session Status: To Executive 2 R cosponsors

SB 419 — Relating to: emergency testing of a criminal defendant for certain diseases. (FE)

Last action — Published 3-21-2026

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced September 04, 2025. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · moderate confidence

  • To Executive

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

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;

Bill Text

What changed in the latest version

221 added · 153 removed

Plain-language change summary

The latest version of Bill SB 419 has expanded the scope of emergency testing for communicable diseases to include any crime, not just specific offenses. This change is significant because it allows district attorneys to request testing for bodily substances when there is probable cause that a public safety worker may be at risk of exposure. This expedited process aims to enhance the safety of public safety workers and correctional staff by ensuring quicker access to necessary medical testing in potentially hazardous situations.

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- 2026 LEGISLATURE LRBs0121/1 MJW:skw SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 419 October 1, 2025 - Offered by Senator EYEN.
- 2026 LEGISLATURE LRB-4401/1 MJW:wlj SENATE BILL 419 September 4, 2025 - Introduced by Senators EYEN and M ARKLEIN , cosponsored by Representatives M ELOTIK, BEHNKE , DITTRICH, KAUFERT , KREIBICH, MURPHY , M URSAU , PIWOWARCZYK , SHEEHAN and W ICHGERS .
A N A CT to renumber 968.38 (1) (a);
Referred to Committee on Judiciary and Public Safety.
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) and 968.38 (2m) (intro.);
A N A CT to repeal 968.38 (5) (a) and 968.38 (5) (b);
to create 968.38 (1) (ag), 968.38 (1) (br), 968.38 (1) (bv), 968.38 (6) and 973.20 (4r) of the statutes;
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;
emergency testing of a person for certain diseases.
emergency testing of a criminal defendant for certain diseases.
Analysis by the Legislative Reference Bureau Under current law, in a criminal case for throwing or expelling bodily substances at a public safety worker or prosecutor or at specified individuals in a prison, if the district attorney has probable cause to believe that the act carried a potential for transmitting a communicable disease to the victim and involved the defendant[s blood, semen, vomit, saliva, urine, or feces or other bodily substance of the defendant, the district attorney must apply to the circuit court for an order to require the defendant to submit to testing to detect the presence of communicable diseases, and those results must be disclosed to the victim if certain criteria are met.
Analysis by the Legislative Reference Bureau Under current law, in a criminal case for throwing or expelling bodily substances at a public safety worker or prosecutor or at specified individuals in a prison, if the district attorney has probable cause to believe that the act carried a potential for transmitting a communicable disease to the victim and involved the defendant’s blood, semen, vomit, saliva, urine, or feces or other bodily substance of the defendant, the district attorney must apply to the circuit court for an order to require the defendant to submit to testing to detect the presence of communicable diseases, and those results must be disclosed to the victim if certain criteria are met.
This bill creates a new, expedited process to require communicable disease testing that applies to any crime if a public safety worker, prosecutor, or - 2026 Legislature - 2 - LRBs0121/1 MJW:skw SECTION 1 correctional staff member requests the district attorney to apply for an order and the district attorney has probable cause to believe that all of the following apply:
- 2026 Legislature - 2 - LRB-4401/1 MJW:wlj SENATE BILL 419 S ECTION 1 This bill amends the process under current law to apply to any crime if the district attorney has probable cause to believe that the act carried a potential for transmitting a communicable disease to a public safety worker, prosecutor, or correctional staff member and involved the defendant’s blood, semen, vomit, saliva, urine, or feces or other bodily substance of the defendant.
1.
The bill also creates an expedited process for testing when it is requested by a public safety worker, prosecutor, or correctional staff member.
An act or alleged act of a person constitutes a crime, carried a potential for transmitting a communicable disease to a public safety worker, prosecutor, or correctional staff member, and involved the person[s blood, semen, vomit, saliva, urine, or feces or other bodily substance.
Under the bill, the district attorney may, at any time, regardless of whether criminal proceedings have commenced, apply to the circuit court for a waiver of the normal hearing requirement and for an emergency order to require the defendant to immediately submit to testing.
2.
Under the bill, the district attorney may make such an application only if the district attorney has probable cause to believe that waiving the hearing and expediting a defendant to submit to testing will prevent a public safety worker, prosecutor, or correctional staff member from experiencing bodily harm that could result from delaying the test.
Requiring the person to submit to testing may prevent a public safety worker, prosecutor, or correctional staff member from experiencing bodily harm.
Under the bill, the court must immediately hear the application for an emergency order and grant the order if it finds that the existing requirements for such an order are met and also finds that waiving the hearing and expediting the defendant to submit to testing will prevent a public safety worker, prosecutor, or correctional staff member from experiencing bodily harm that could result from delaying the test.
Under the bill, the district attorney may, at any time, regardless of whether criminal proceedings have commenced, apply to the circuit court for an order to require the person to immediately submit to testing.
Under the bill, the court must immediately hear the application for the order and grant the order if it finds that the probable cause requirements are met.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
146.81 (4) XPatient health care recordsY means all records related to the health of a patient prepared by or under the supervision of a health care provider;
146.81 (4) “Patient health care records” means all records related to the health of a patient prepared by or under the supervision of a health care provider;
XPatient health care recordsY includes billing statements and invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s.
“Patient health care records” includes billing statements and - 2026 Legislature - 3 - LRB-4401/1 MJW:wlj SENATE BILL 419 SECTION 1 invoices for treatment or services provided by a health care provider and includes health summary forms prepared under s.
XPatient health care recordsY does not include those records subject to s.
“Patient health care records” does not include those records subject to s.
252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or, (5), or (6), records related to sales of pseudoephedrine products, as - 2026 Legislature - 3 - LRBs0121/1 MJW:skw SECTION 1 defined in s.
252.15 (5g) or (5j), 343.305, 938.296 (4) or (5) or 968.38 (4) or, (5), or (6), records related to sales of pseudoephedrine products, as defined in s.
146.817 (1), or a pupil[s physical health records maintained by a school under s.
146.817 (1), or a pupil’s physical health records maintained by a school under s.
No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and the HIV test results may not be made part of the individual[s permanent medical record.
No sample used for laboratory test purposes under this subdivision may disclose the name of the HIV test subject, and the HIV test results may not be made part of the individual’s permanent medical record.
to a person under s.
to - 2026 Legislature - 4 - LRB-4401/1 MJW:wlj SENATE BILL 419 SECTION 4 a person under s.
968.38 (5) (a) to (c) as specified in s.
968.38 (5) (a) (am) to (c) as specified in s.
968.38 (6) (b) 1.
968.38 (6) (a) to (c) as specified in s.
to 3.
968.38 (6).
as specified in s.
968.38 (6) (b).
252.15 (4) (c) A record of the results of an HIV test administered to the - 2026 Legislature - 4 - LRBs0121/1 MJW:skw SECTION 5 person, except that results of an HIV test administered under sub.
252.15 (4) (c) A record of the results of an HIV test administered to the person, except that results of an HIV test administered under sub.
968.38 (1) (ag) XCorrectional staff memberY has the meaning given in s.
968.38 (1) (ag) “Correctional staff member” has the meaning given in s.
968.38 (1) (br) XProsecutorY has the meaning given in s.
968.38 (1) (br) “Prosecutor” has the meaning given in s.
968.38 (1) (bv) XPublic safety workerY has the meaning given in s.
968.38 (1) (bv) “Public safety worker” has the meaning given in s.
968.38 (2m) (intro.) In Except as provided in sub.
- 2026 Legislature - 5 - LRB-4401/1 MJW:wlj SENATE BILL 419 S ECTION 11 968.38 (2m) (intro.) In Except as provided in sub.
(6), in a criminal action under s.
(2s), in a criminal action under s.
941.375 (2) or 946.43 (2m), the district attorney shall apply to the circuit court for his or her county for an order requiring the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of - 2026 Legislature - 5 - LRBs0121/1 MJW:skw S ECTION 11 communicable diseases and to disclose the results of the test or tests as specified in sub.
941.375 (2) or 946.43 (2m), the district attorney shall apply to the circuit court for his or her county for an order requiring the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of communicable diseases and to disclose the results of the test or tests as specified in sub.
(5) (a) to (c), if all of the following apply:
(5) (a) (am) to (c), if all of the following apply:
968.38 (6) of the statutes is created to read:
968.38 (2m) (a) of the statutes is amended to read:
968.38 (6) (a) Regardless of whether criminal proceedings have commenced, the district attorney may, at any time, apply to the circuit court for his or her county for an order requiring a person to immediately submit to a test or a series of tests administered by a health care professional to detect the presence of communicable diseases and to disclose the results of the test or tests as specified in par.
968.38 (2m) (a) The district attorney has probable cause to believe that the act or alleged act of the defendant that constitutes a violation of s.
(b) if all of the following apply:
941.375 (2) or 946.43 (2m) crime carried a potential for transmitting a communicable disease to the victim or alleged victim a public safety worker, prosecutor, or correctional staff member and involved the defendant’s blood, semen, vomit, saliva, urine or feces or other bodily substance of the defendant.
1.
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The district attorney has probable cause to believe that an act or alleged act of the person constitutes a crime, carried a potential for transmitting a communicable disease to a public safety worker, prosecutor, or correctional staff member, and involved the person[s blood, semen, vomit, saliva, urine, or feces or other bodily substance of the person.
2.
The district attorney has probable cause to believe that requiring the person to submit to testing may prevent a public safety worker, prosecutor, or correctional staff member from experiencing bodily harm.
3.
A public safety worker, prosecutor, or correctional staff member or a person who is authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member requests the district attorney to apply for an order.
(b) The court shall immediately hear an application for an order under par.
(a).
If the court finds probable cause to believe that an act or alleged act of the person constitutes a crime, carried a potential for transmitting a communicable - 2026 Legislature - 6 - LRBs0121/1 MJW:skw S ECTION 12 disease to a public safety worker, prosecutor, or correctional staff member, and involved the person[s blood, semen, vomit, saliva, urine, or feces or other bodily substance of the person and that requiring the person to submit to testing may prevent a public safety worker, prosecutor, or correctional staff member from experiencing bodily harm, the court shall order the person to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the person.
The court shall require the health care professional who performs the test to immediately disclose the test results to the person.
The court shall require the health care professional who performs the test to refrain from making the test results part of the person[s permanent medical record and to disclose the results of the test to any of the following:
1.
A public safety worker, prosecutor, or correctional staff member who requested the test.
2.
A person who is authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member who requested the test.
3.
The health care professional who provides care to a public safety worker, prosecutor, or correctional staff member, upon request by the public safety worker, prosecutor, or correctional staff member or a person authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member.
968.38 (2m) (b) of the statutes is amended to read:
968.38 (2m) (b) The alleged victim or victim who is not a minor, or the parent or guardian of the alleged victim or victim who is a minor A public safety worker, prosecutor, or correctional staff member or a person who is authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member requests the district attorney to apply for an order.
S ECTION 14.
968.38 (2s) of the statutes is created to read:
968.38 (2s) Regardless of whether criminal proceedings have commenced, the district attorney may, at any time, apply to the circuit court for his or her county for a waiver of the hearing under sub.
(5) and for an emergency order requiring the defendant to immediately submit to a test or a series of tests administered by a - 2026 Legislature - 6 - LRB-4401/1 MJW:wlj SENATE BILL 419 S ECTION 14 health care professional to detect the presence of communicable diseases and to disclose the results of the test or tests as specified in sub.
(5) (am) to (c), if all of the following apply:
(a) The requirements under sub.
(2m) (a) and (b) are met.
(b) A public safety worker, prosecutor, or correctional staff member or a person who is authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member requests the district attorney to apply for an emergency order.
(c) The district attorney has probable cause to believe that waiving the hearing under sub.
(5) and expediting the defendant to submit to testing will prevent a public safety worker, prosecutor, or correctional staff member from experiencing bodily harm that could result from delaying the test.
S ECTION 15.
968.38 (5) (intro.) of the statutes is amended to read:
968.38 (5) (intro.) The court shall set a time for a hearing on the matter under sub.
(2m) during the preliminary examination, if sub.
(3) (a) applies;
after the defendant is bound over for trial and before a verdict is rendered, if sub.
(3) (b) applies;
after conviction or a finding of not guilty by reason of mental disease or defect, if sub.
(3) (c) applies;
or, subject to s.
971.13 (4), after the determination that the defendant is not competent, if sub.
(3) (d) applies.
The court shall give the district attorney and the defendant notice of the hearing at least 72 hours prior to the hearing.
The defendant may have counsel at the hearing, and counsel may examine and cross-examine witnesses.
If the court finds probable cause to believe that the act or alleged act of the defendant that constitutes a violation of s.
941.375 (2) or 946.43 (2m) crime carried a potential for transmitting a communicable - 2026 Legislature - 7 - LRB-4401/1 MJW:wlj SENATE BILL 419 S ECTION 15 disease to the victim or alleged victim a public safety worker, prosecutor, or correctional staff member and involved the defendant’s blood, semen, vomit, saliva, urine or feces or other bodily substance of the defendant, the court shall order the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the defendant.
The court shall require the health care professional who performs the test to disclose the test results to the defendant.
The court shall require the health care professional who performs the test to refrain from making the test results part of the defendant’s permanent medical record and to disclose the results of the test to any of the following:
S ECTION 16.
968.38 (5) (a) of the statutes is repealed.
S ECTION 17.
968.38 (5) (am) of the statutes is created to read:
968.38 (5) (am) A public safety worker, prosecutor, or correctional staff member who requested the test.
S ECTION 18.
968.38 (5) (b) of the statutes is repealed.
S ECTION 19.
968.38 (5) (bm) of the statutes is created to read:
968.38 (5) (bm) A person who is authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member who requested the test.
S ECTION 20.
968.38 (5) (c) of the statutes is amended to read:
968.38 (5) (c) The health care professional who provides care to the alleged victim or victim, upon request by the alleged victim or victim or, if the alleged victim or victim is a minor, by the parent or guardian of the alleged victim or victim - 2026 Legislature - 8 - LRB-4401/1 MJW:wlj SENATE BILL 419 S ECTION 20 a public safety worker, prosecutor, or correctional staff member, upon request of the public safety worker, prosecutor, or correctional staff member or a person authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member.
S ECTION 21.
968.38 (6) of the statutes is created to read:
968.38 (6) The court shall immediately hear an application for an emergency order under sub.
(2s).
If the court finds probable cause to believe that the act or alleged act of the defendant that constitutes a crime carried a potential for transmitting a communicable disease to a public safety worker, prosecutor, or correctional staff member and involved the defendant’s blood, semen, vomit, saliva, urine, or feces or other bodily substance of the defendant, and that waiving the hearing under sub.
(5) and expediting the defendant to submit to testing will prevent a public safety worker, prosecutor, or correctional staff member from experiencing bodily harm that could result from delaying the test, the court shall order the defendant to submit to a test or a series of tests administered by a health care professional to detect the presence of any communicable disease that was potentially transmitted by the act or alleged act of the defendant.
The court shall require the health care professional who performs the test to immediately disclose the test results to the defendant.The court shall require the health care professional who performs the test to refrain from making the test results part of the defendant’s permanent medical record and to disclose the results of the test to any of the following:
(a) A public safety worker, prosecutor, or correctional staff member who requested the test.
- 2026 Legislature - 9 - LRB-4401/1 MJW:wlj SENATE BILL 419 S ECTION 21 (b) A person who is authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member who requested the test.
(c) The health care professional who provides care to a public safety worker, prosecutor, or correctional staff member, upon request by the public safety worker, prosecutor, or correctional staff member or a person authorized to make health care decisions on behalf of a public safety worker, prosecutor, or correctional staff member.
S ECTION 22.
973.20 (4r) If the court ordered the defendant to submit to testing under s.
973.20 (4r) If the court orders the defendant to submit to testing under s.
- 2026 Legislature - 7 - LRBs0121/1 MJW:skw SECTION 13 968.38 (5) or (6), the restitution order shall require the defendant to pay for the cost of the testing, to be reimbursed to the entity that paid the costs at the time the testing was performed.
968.38 (5) or (6), the restitution order shall require the defendant to pay for the cost of the testing, to be reimbursed to the entity that paid the costs at the time the testing was performed.
(END )
(END)
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Action History

  1. Published 3-21-2026

  2. Report approved by the Governor on 3-20-2026. 2025 Wisconsin Act 107

  3. Representative Emerson added as a cosponsor

  4. Representative Subeck added as a cosponsor

  5. Presented to the Governor on 3-18-2026

  6. Representative Billings added as a cosponsor

  7. Representative Brown added as a cosponsor

  8. Representative Doyle added as a cosponsor

  9. Report correctly enrolled

  10. Received from Assembly concurred in

  11. Ordered immediately messaged

  12. Read a third time and concurred in

  13. Rules suspended

  14. Ordered to a third reading

  15. Read a second time

  16. Rules suspended to withdraw from calendar and take up

  17. Placed on calendar 1-13-2026 by Committee on Rules

  18. Read first time and referred to committee on Rules

  19. Received from Senate

  20. Ordered immediately messaged

  21. Read a third time and passed

  22. Rules suspended to give bill its third reading

  23. Ordered to a third reading

  24. Senate Substitute Amendment 2 adopted

  25. Read a second time

  26. Placed on calendar 11-18-2025 pursuant to Senate Rule 18(1)

  27. Fiscal estimate received

  28. Fiscal estimate received

  29. Available for scheduling

  30. Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0

  31. Report adoption of Senate Substitute Amendment 2 recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0

  32. Executive action taken

  33. Senate Substitute Amendment 2 offered by Senator Feyen

  34. Senate Substitute Amendment 1 offered by Senator Feyen

  35. Public hearing held

  36. Read first time and referred to Committee on Judiciary and Public Safety

  37. Introduced by Senators Feyen and Marklein; cosponsored by Representatives Melotik, Behnke, Dittrich, Kaufert, Kreibich, Murphy, Mursau, Piwowarczyk, Sheehan and Wichgers

Sponsors

  • Melotik · Cosponsor
  • Dan Feyen · Primary
  • Howard Marklein · Cosponsor
  • Behnke · Cosponsor
  • Dittrich · Cosponsor
  • Kaufert · Cosponsor
  • Kreibich · Cosponsor
  • Murphy · Cosponsor
  • Mursau · Cosponsor
  • Piwowarczyk · Cosponsor
  • Sheehan · Cosponsor
  • Wichgers · Cosponsor

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (11)

  • Melotik
  • Marklein, Howard Republican
  • Behnke
  • Dittrich
  • Kaufert
  • Kreibich
  • Murphy
  • Mursau
  • Piwowarczyk
  • Sheehan
  • Wichgers

Not signed on (120)

120 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Subjects

public-safety healthcare health-insurance
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Frequently asked questions

What does SB 419 do?
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;
Who sponsors SB 419?
SB 419 is sponsored by Melotik, Feyen, Dan (Republican), Marklein, Howard (Republican), Behnke, Dittrich, Kaufert, Kreibich, Murphy, Mursau, Piwowarczyk, Sheehan, and Wichgers.
What is the current status of SB 419?
This bill has been sent to the executive. Introduced September 04, 2025. It awaits signature.
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