AB185-ASA1, s. 10
1Section 10. 940.02 (2) (a) (intro.) of the statutes is amended to read:
AB185-ASA1,5,72 940.02 (2) (a) (intro.) By manufacture, distribution or delivery, in violation of
3s. 961.41, of a controlled substance included in schedule I or II under ch. 961 or, of
4a controlled substance analog of a controlled substance included in schedule I or II
5under ch. 961 or of flunitrazepam, if another human being uses the controlled
6substance or controlled substance analog and dies as a result of that use. This
7paragraph applies:
AB185-ASA1, s. 11 8Section 11. 940.02 (2) (a) 3. of the statutes is amended to read:
AB185-ASA1,5,169 940.02 (2) (a) 3. To any distribution or delivery described in this paragraph,
10regardless of whether the distribution or delivery is made directly to the human
11being who dies. If possession of the controlled substance included in schedule I or
12II under ch. 961 or, of the controlled substance analog of the controlled substance
13included in schedule I or II under ch. 961 or of the flunitrazepam is transferred more
14than once prior to the death as described in this paragraph, each person who
15distributes or delivers the controlled substance or controlled substance analog in
16violation of s. 961.41 is guilty under this paragraph.
AB185-ASA1, s. 12 17Section 12. 940.02 (2) (b) of the statutes is amended to read:
AB185-ASA1,5,2518 940.02 (2) (b) By administering or assisting in administering a controlled
19substance included in schedule I or II under ch. 961 or , a controlled substance analog
20of a controlled substance included in schedule I or II of ch. 961 or flunitrazepam,
21without lawful authority to do so, to another human being and that human being dies
22as a result of the use of the substance. This paragraph applies whether the human
23being dies as a result of using the controlled substance or controlled substance analog
24by itself or with any compound, mixture, diluent or other substance mixed or
25combined with the controlled substance or controlled substance analog.
AB185-ASA1, s. 13
1Section 13. 961.41 (1) (i) of the statutes is amended to read:
AB185-ASA1,6,42 961.41 (1) (i) A Except as provided in par. (im), a substance included in
3schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3
4years or both.
AB185-ASA1, s. 14 5Section 14. 961.41 (1) (i) of the statutes, as affected by 1997 Wisconsin Act 283
6and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
AB185-ASA1,6,97 961.41 (1) (i) Except as provided in par. (im), a substance included in schedule
8IV, may be fined not more than $10,000 or imprisoned for not more than 4 years and
96 months or both.
AB185-ASA1, s. 15 10Section 15. 961.41 (1) (im) of the statutes is created to read:
AB185-ASA1,6,1211 961.41 (1) (im) Flunitrazepam, may be fined not more than $15,000 or
12imprisoned for not more than 5 years or both.
AB185-ASA1, s. 16 13Section 16. 961.41 (1) (im) of the statutes, as created by 1999 Wisconsin Act
14.... (this act), is amended to read:
AB185-ASA1,6,1615 961.41 (1) (im) Flunitrazepam, may be fined not more than $15,000 or
16imprisoned for not more than 5 7 years and 6 months or both.
AB185-ASA1, s. 17 17Section 17. 961.41 (1m) (i) of the statutes is amended to read:
AB185-ASA1,6,2018 961.41 (1m) (i) A Except as provided in par. (im), a substance included in
19schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3
20years or both.
AB185-ASA1, s. 18 21Section 18. 961.41 (1m) (i) of the statutes, as affected by 1997 Wisconsin Act
22283
and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
AB185-ASA1,6,2523 961.41 (1m) (i) Except as provided in par. (im), a substance included in
24schedule IV, may be fined not more than $10,000 or imprisoned for not more than 4
25years and 6 months or both.
AB185-ASA1, s. 19
1Section 19. 961.41 (1m) (im) of the statutes is created to read:
AB185-ASA1,7,32 961.41 (1m) (im) Flunitrazepam, may be fined not more than $15,000 or
3imprisoned for not more than 5 years or both.
AB185-ASA1, s. 20 4Section 20. 961.41 (1m) (im) of the statutes, as created by 1999 Wisconsin Act
5.... (this act), is amended to read:
AB185-ASA1,7,76 961.41 (1m) (im) Flunitrazepam, may be fined not more than $15,000 or
7imprisoned for not more than 5 7 years and 6 months or both.
AB185-ASA1, s. 21 8Section 21. 961.41 (2) (c) of the statutes is amended to read:
AB185-ASA1,7,119 961.41 (2) (c) A Except as provided in par. (cm), a counterfeit substance
10included in schedule IV, may be fined not more than $10,000 or imprisoned for not
11more than 3 years or both.
AB185-ASA1, s. 22 12Section 22. 961.41 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 283
13and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
AB185-ASA1,7,1614 961.41 (2) (c) Except as provided in par. (cm), a counterfeit substance included
15in schedule IV, may be fined not more than $10,000 or imprisoned for not more than
164 years and 6 months or both.
AB185-ASA1, s. 23 17Section 23. 961.41 (2) (cm) of the statutes is created to read:
AB185-ASA1,7,1918 961.41 (2) (cm) A counterfeit substance which is flunitrazepam, may be fined
19not more than $15,000 or imprisoned for not more than 5 years or both.
AB185-ASA1, s. 24 20Section 24. 961.41 (2) (cm) of the statutes, as created by 1999 Wisconsin Act
21.... (this act), is amended to read:
AB185-ASA1,7,2422 961.41 (2) (cm) A counterfeit substance which is flunitrazepam, may be fined
23not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or
24both.
AB185-ASA1, s. 25 25Section 25. 961.46 (3) of the statutes is amended to read:
AB185-ASA1,8,8
1961.46 (3) If any person 17 years of age or over violates s. 961.41 (1) (cm), (d),
2(e), (f), (g) or, (h) or (im) by distributing or delivering cocaine, cocaine base, heroin,
3phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine,
4methamphetamine, methcathinone, flunitrazepam or any form of
5tetrahydrocannabinols or a controlled substance analog of any of these substances
6to a person 17 years of age or under who is at least 3 years his or her junior, any
7applicable minimum and maximum fines and minimum and maximum periods of
8imprisonment under s. 961.41 (1) (cm), (d), (e), (f), (g) or, (h) or (im) are doubled.
AB185-ASA1, s. 26 9Section 26. 961.49 (2) (a) (intro.) of the statutes is amended to read:
AB185-ASA1,8,1510 961.49 (2) (a) (intro.) Except as provided in par. (b), the court shall sentence a
11person as provided in par. (am) if the person violates s. 961.41 (1) by delivering or
12distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or
13distribute, a controlled substance included in schedule I or II or, a controlled
14substance analog of a controlled substance included in schedule I or II or
15flunitrazepam
under any of the following circumstances:
AB185-ASA1, s. 27 16Section 27. 961.492 (1) of the statutes is amended to read:
AB185-ASA1,8,2017 961.492 (1) The violation of s. 961.41 (1) or (1m) involves the distribution or
18delivery or the possession, with intent to distribute or deliver, of any controlled
19substance included in schedule I or II or, of a controlled substance analog of any
20controlled substance included in schedule I or II or of flunitrazepam.
AB185-ASA1, s. 28 21Section 28. 961.495 of the statutes is amended to read:
AB185-ASA1,9,14 22961.495 Possession or attempted possession of a controlled substance
23on or near certain places.
If any person violates s. 961.41 (3g) by possessing or
24attempting to possess a controlled substance included in schedule I or II or, a
25controlled substance analog of a controlled substance included in schedule I or II or

1flunitrazepam
while in or on the premises of a scattered-site public housing project,
2while in or on or otherwise within 1,000 feet of a state, county, city, village or town
3park, a jail or correctional facility, a multiunit public housing project, a swimming
4pool open to members of the public, a youth center or a community center, while in
5or on or otherwise within 1,000 feet of any private or public school premises or while
6in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56),
7the court shall, in addition to any other penalties that may apply to the crime, impose
8100 hours of community service work for a public agency or a nonprofit charitable
9organization. The court shall ensure that the defendant is provided a written
10statement of the terms of the community service order and that the community
11service order is monitored. Any organization or agency acting in good faith to which
12a defendant is assigned pursuant to an order under this section has immunity from
13any civil liability in excess of $25,000 for acts or omissions by or impacting on the
14defendant.
AB185-ASA1, s. 29 15Section 29. 961.55 (6m) of the statutes is created to read:
AB185-ASA1,9,2016 961.55 (6m) Flunitrazepam that is possessed, transferred, sold, offered for sale
17or attempted to be possessed in violation of this chapter is contraband and shall be
18seized and summarily forfeited to the state. Flunitrazepam that is seized or comes
19into the possession of the state, the owner of which is unknown, is contraband and
20shall be summarily forfeited to the state.
AB185-ASA1, s. 30 21Section 30 . Initial applicability.
AB185-ASA1,9,2422 (1) The treatment of sections 139.87 (2), 139.88 (3), 938.34 (14t) and 961.55
23(6m) of the statutes first applies to acts in violation of chapter 961 of the statutes that
24occur on the effective date of this subsection.
AB185-ASA1,10,4
1(2) The amendment of section 961.41 (1) (im), (1m) (im) and (2) (cm) of the
2statutes and the repeal and recreation of sections 139.95 (2) and (3) and 961.41 (1)
3(i), (1m) (i) and (2) (c) of the statutes first apply to offenses committed on the effective
4date of this subsection.
AB185-ASA1, s. 31 5Section 31. Effective dates. This act takes effect on the day after publication,
6except as follows:
AB185-ASA1,10,107 (1) The amendment of section 961.41 (1) (im), (1m) (im) and (2) (cm) of the
8statutes, the repeal and recreation of sections 139.95 (2) and (3) and 961.41 (1) (i),
9(1m) (i) and (2) (c) of the statutes and Section 30 (2 ) of this act take effect on
10December 31, 1999, or on the day after publication, whichever is later.
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