WI SB419

District attorneys may apply to circuit court at any time—regardless of whether criminal proceedings have commenced—for an order requiring a person to immediately submit to communicable disease testing when their alleged criminal act involved bodily substances and posed transmission risk to a public safety worker, prosecutor, or correctional staff member.

Courts must immediately hear these applications and order testing if probable cause exists that the act constituted a crime, carried disease transmission potential, and that testing may prevent bodily harm to the affected worker.

Test results must be immediately disclosed to the tested person and to the requesting public safety worker, prosecutor, correctional staff member, their authorized health care decision-maker, or their treating health care professional.

Test results may not become part of the tested person's permanent medical record, and results are not admissible in civil, criminal, or administrative proceedings.

Defendants ordered to submit to testing must pay restitution for testing costs, reimbursing the entity that initially covered the expense.