Sen. Hutton authors Wisconsin Senate bill to revise safe haven law age limit

The new bill authored by State Sen. Rob Hutton seeks to revise Wisconsin’s safe haven law by increasing the allowable age for infant surrender to enhance child safety and parental options, according to the Wisconsin State Senate.

According to the Wisconsin State Legislature’s official website, the bill was described as follows: “the age at which an infant is covered under the safe haven law”.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill revises Wisconsin’s safe haven law by increasing the maximum age at which an infant can be surrendered under the law from 72 hours to 30 days old. Under the amended statutes, a law enforcement officer, emergency medical technician, or hospital staff member may take into custody an infant they reasonably believe to be 30 days old or younger if the infant is relinquished by a parent and the parent does not intend to return for them. The bill maintains immunity from civil or criminal liability for the parent or any assisting person acting in good faith during the child’s relinquishment. These changes will apply upon enactment.

The bill was co-authored by Representative Rick Gundrum (Republican-58th District). It was co-sponsored by Representative Elijah R. Behnke (Republican-6th District), Representative Lindee Rae Brill (Republican-27th District), and Representative Joy L. Goeben (Republican-5th District), along eight other co-sponsors.

Rob Hutton has authored or co-authored another 30 bills since the beginning of the 2025 session, with none of them being enacted.

Hutton graduated from the University of Wisconsin-Whitewater in 1990 with a BA.

Hutton, a Republican, was elected to the Wisconsin State Senate in 2023 to represent the state’s 5th Senate district, replacing previous state senator Dale Kooyenga.

In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.