Wis. Stat. § 165.765

Current through Acts 2023-2024, ch. 272
Section 165.765 - Biological specimen; force and immunity
(1g) In this section:
(a) "Correctional officer" has the meaning given in s. 301.28(1) .
(b) "Jail officer" has the meaning given in s. 165.85(2) (bn) .
(c) "Law enforcement officer" has the meaning given in s. 165.85(2) (c) .
(d) "Tribal officer" has the meaning given in s. 165.85(2) (g) .
(1m) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services may use reasonable force to obtain a biological specimen from a person who intentionally refuses to provide a biological specimen that is required under s. 165.76(1) , 165.84(7) , 938.21(1m) , 938.30(2m) , 938.34(15) , or 970.02(8) .
(2)
(a)
1. Any physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician who obtains a biological specimen under s. 51.20(13) (cr) , 165.76 , 165.84(7) , 938.21(1m) , 938.30(2m) , 938.34(15) , 970.02(8) , 971.17(1m) (a) , 973.047 , or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
2. Any employer of the physician, nurse, technologist, assistant, or person under subd. 1. or any hospital where blood is withdrawn by that physician, nurse, technologist, assistant, or person is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
(bm) A law enforcement officer; a jail officer; a tribal officer; a correctional officer; a probation, extended supervision, or parole officer; or an employee of the department of health services, who is authorized to collect biological specimens, is immune from civil or criminal liability for collecting a biological specimen if the collection is in compliance with sub. (1m) and s. 165.76 and performed in good faith and in a reasonable manner.

Wis. Stat. § 165.765

Amended by Acts 2013 ch, 20,s 1921, eff. 5/1/2015.
1993 a. 98; 1995 a. 77, 440.