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)
Sponsored By: Dan Feyen (Republican), Howard Marklein (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Convicted defendants must repay testing costs
Convicted defendants must repay court-ordered testing costs when the court also enters a restitution order. Payment goes to the entity that paid for the testing. This covers testing ordered under the law’s criminal-exposure testing procedures. The law sets no dollar amount or payment formula.
Faster disease testing after worker exposure
Exposed public safety workers, prosecutors, correctional staff, or their authorized health-care decision makers can request emergency disease testing. A district attorney can seek a court order before or after criminal proceedings begin. The court must immediately hear the request. Testing is mandatory when probable cause links a suspected crime involving bodily substances to possible disease transmission and preventing worker harm. A health-care professional must promptly give the tested person their results. Upon request, results also go to the affected worker, their authorized decision maker, or their treating health-care professional. Results cannot enter the tested person’s permanent medical record. Neither the results nor the fact that testing was ordered can be used as evidence in civil, criminal, or administrative proceedings.
Sponsors & Cosponsors
Sponsors
Dan Feyen
Republican • Senate
Howard Marklein
Republican • Senate
Cosponsors
Elijah Behnke
Republican • House
Jill Billings
Democratic • House
Brienne Brown
Democratic • House
Barbara Dittrich
Republican • House
Steve Doyle
Democratic • House
Jodi Emerson
Democratic • House
Dean Kaufert
Republican • House
Rob Kreibich
Republican • House
Paul Melotik
Republican • House
David Murphy
Republican • House
Jeffrey Mursau
Republican • House
Jim Piwowarczyk
Republican • House
Joe Sheehan
Democratic • House
Lisa Subeck
Democratic • House
Chuck Wichgers
Republican • House
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Published 3-21-2026
3/20/2026SenateReport approved by the Governor on 3-20-2026. 2025 Wisconsin Act 107
3/20/2026SenateRepresentative Emerson added as a cosponsor
3/19/2026SenateRepresentative Subeck added as a cosponsor
3/19/2026SenatePresented to the Governor on 3-18-2026
3/18/2026SenateRepresentative Billings added as a cosponsor
3/17/2026SenateRepresentative Brown added as a cosponsor
3/6/2026SenateRepresentative Doyle added as a cosponsor
1/23/2026SenateReport correctly enrolled
1/15/2026SenateReceived from Assembly concurred in
1/14/2026SenateOrdered immediately messaged
1/13/2026HouseRead a third time and concurred in
1/13/2026HouseRules suspended
1/13/2026HouseOrdered to a third reading
1/13/2026HouseRead a second time
1/13/2026HouseRules suspended to withdraw from calendar and take up
1/13/2026HousePlaced on calendar 1-13-2026 by Committee on Rules
1/8/2026HouseRead first time and referred to committee on Rules
1/7/2026HouseReceived from Senate
11/19/2025HouseOrdered immediately messaged
11/18/2025SenateRead a third time and passed
11/18/2025SenateRules suspended to give bill its third reading
11/18/2025SenateOrdered to a third reading
11/18/2025SenateSenate Substitute Amendment 2 adopted
11/18/2025SenateRead a second time
11/18/2025Senate
Bill Text
Senate Substitute Amendment 2
10/22/2025
Bill Text
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