LRBs0497/1
JEO:cmh:km
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 185
March 29, 2000 - Offered by
Committee on Judiciary and Consumer Affairs.
AB185-SSA1,1,7
1An Act to amend 139.87 (2), 139.89, 139.95 (1), 938.34 (14t), 940.02 (2) (a)
2(intro.), 940.02 (2) (a) 3., 940.02 (2) (b), 961.46 (3), 961.49 (2) (a) (intro.), 961.492
3(1) and 961.495;
to repeal and recreate 139.95 (2), 139.95 (3), 961.41 (1) (i),
4961.41 (1m) (i) and 961.41 (2) (c); and
to create 139.88 (3), 961.41 (1) (im),
5961.41 (1m) (im), 961.41 (2) (cm) and 961.55 (6m) of the statutes;
relating to:
6the controlled substances ketamine and flunitrazepam and providing
7penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB185-SSA1,2,79
139.87
(2) "Dealer" means a person who in violation of ch. 961 possesses,
10manufactures, produces, ships, transports, delivers, distributes, imports, sells or
11transfers to another person more than 42.5 grams of material containing
1tetrahydrocannabinols, more than 5 plants containing tetrahydrocannabinols, more
2than 14 grams of mushrooms containing psilocin or psilocybin, more than 100
3milligrams of any material containing lysergic acid diethylamide
or, more than 7
4grams of any other schedule I or schedule II controlled substance or of a controlled
5substance analog of a schedule I or schedule II controlled substance
or more than 7
6grams of ketamine or flunitrazepam. "Dealer" does not include a person who lawfully
7possesses a controlled substance or controlled substance analog.
AB185-SSA1,2,109
139.88
(3) Per gram or part of a gram of ketamine or flunitrazepam, whether
10pure or impure, measured when in the dealer's possession, $200.
AB185-SSA1,2,23
12139.89 Proof of payment. The department shall create a uniform system of
13providing, affixing and displaying stamps, labels or other evidence that the tax under
14s. 139.88 has been paid. Stamps or other evidence of payment shall be sold at face
15value. No dealer may possess any schedule I controlled substance
or, schedule II
16controlled substance
or ketamine or flunitrazepam unless the tax under s. 139.88 has
17been paid on it, as evidenced by a stamp or other official evidence issued by the
18department. The tax under this subchapter is due and payable immediately upon
19acquisition or possessing of the schedule I controlled substance
or, schedule II
20controlled substance
or ketamine or flunitrazepam in this state, and the department
21at that time has a lien on all of the taxpayer's property. Late payments are subject
22to interest at the rate of 1% per month or part of a month. No person may transfer
23to another person a stamp or other evidence of payment.
AB185-SSA1,3,6
1139.95
(1) Any dealer who possesses a schedule I controlled substance
or, a 2schedule II controlled substance
or ketamine or flunitrazepam that does not bear
3evidence that the tax under s. 139.88 has been paid shall pay, in addition to the tax
4under s. 139.88, a penalty equal to the tax due. The department shall collect
5penalties under this subchapter in the same manner as it collects the tax under this
6subchapter.
AB185-SSA1,3,129
139.95
(2) A dealer who possesses a schedule I controlled substance, a schedule
10II controlled substance or ketamine or flunitrazepam that does not bear evidence
11that the tax under s. 139.88 has been paid may be fined not more than $10,000 or
12imprisoned for not more than 7 years and 6 months or both.
AB185-SSA1,3,2315
139.95
(3) Any person who falsely or fraudulently makes, alters or counterfeits
16any stamp or procures or causes the same to be done or who knowingly utters,
17publishes, passes or tenders as true any false, altered or counterfeit stamp or who
18affixes a counterfeit stamp to a schedule I controlled substance, a schedule II
19controlled substance or ketamine or flunitrazepam or who possesses a schedule I
20controlled substance, a schedule II controlled substance or ketamine or
21flunitrazepam to which a false, altered or counterfeit stamp is affixed may be fined
22not more than $10,000 or imprisoned for not less than one year nor more than 15
23years or both.
AB185-SSA1,4,15
1938.34
(14t) Possession of a controlled substance or controlled substance
2analog on or near certain premises. If the juvenile is adjudicated delinquent under
3a violation of s. 961.41 (3g) by possessing or attempting to possess a controlled
4substance included in schedule I or II under ch. 961
or
, a controlled substance analog
5of a controlled substance included in schedule I or II under ch. 961
or ketamine or
6flunitrazepam while in or on the premises of a scattered-site public housing project,
7as defined in s. 961.01 (20i), while in or on or otherwise within 1,000 feet of a state,
8county, city, village or town park, a jail or correctional facility, as defined in s. 961.01
9(12m), a multiunit public housing project, as defined in s. 961.01 (14m), a swimming
10pool open to members of the public, a youth center, as defined in s. 961.01 (22), or a
11community center, while in or on or otherwise within 1,000 feet of any private or
12public school premises or while in or on or otherwise within 1,000 feet of a school bus,
13as defined in s. 340.01 (56), the court shall require that the juvenile participate for
14100 hours in a supervised work program or other community service work under sub.
15(5g).
AB185-SSA1, s. 8
16Section
8. 940.02 (2) (a) (intro.) of the statutes is amended to read:
AB185-SSA1,4,2217
940.02
(2) (a) (intro.) By manufacture, distribution or delivery, in violation of
18s. 961.41, of a controlled substance included in schedule I or II under ch. 961
or, of
19a controlled substance analog of a controlled substance included in schedule I or II
20under ch. 961
or of ketamine or flunitrazepam, if another human being uses the
21controlled substance or controlled substance analog and dies as a result of that use.
22This paragraph applies:
AB185-SSA1, s. 9
23Section
9. 940.02 (2) (a) 3. of the statutes is amended to read:
AB185-SSA1,5,624
940.02
(2) (a) 3. To any distribution or delivery described in this paragraph,
25regardless of whether the distribution or delivery is made directly to the human
1being who dies. If possession of the controlled substance included in schedule I or
2II under ch. 961
or, of the controlled substance analog of the controlled substance
3included in schedule I or II under ch. 961
or of the ketamine or flunitrazepam is
4transferred more than once prior to the death as described in this paragraph, each
5person who distributes or delivers the controlled substance or controlled substance
6analog in violation of s. 961.41 is guilty under this paragraph.
AB185-SSA1,5,168
940.02
(2) (b) By administering or assisting in administering a controlled
9substance included in schedule I or II under ch. 961
or
, a controlled substance analog
10of a controlled substance included in schedule I or II of ch. 961
or ketamine or
11flunitrazepam, without lawful authority to do so, to another human being and that
12human being dies as a result of the use of the substance. This paragraph applies
13whether the human being dies as a result of using the controlled substance or
14controlled substance analog by itself or with any compound, mixture, diluent or other
15substance mixed or combined with the controlled substance or controlled substance
16analog.
AB185-SSA1,5,2119
961.41
(1) (i) Except as provided in par. (im), a substance included in schedule
20IV, may be fined not more than $10,000 or imprisoned for not more than 4 years and
216 months or both.
AB185-SSA1,5,2423
961.41
(1) (im) Flunitrazepam, may be fined not more than $15,000 or
24imprisoned for not more than 7 years and 6 months or both.
AB185-SSA1,6,53
961.41
(1m) (i) Except as provided in par. (im), a substance included in
4schedule IV, may be fined not more than $10,000 or imprisoned for not more than 4
5years and 6 months or both.
AB185-SSA1,6,87
961.41
(1m) (im) Flunitrazepam, may be fined not more than $15,000 or
8imprisoned for not more than 7 years and 6 months or both.
AB185-SSA1,6,1311
961.41
(2) (c) Except as provided in par. (cm), a counterfeit substance included
12in schedule IV, may be fined not more than $10,000 or imprisoned for not more than
134 years and 6 months or both.
AB185-SSA1,6,1615
961.41
(2) (cm) A counterfeit substance which is flunitrazepam, may be fined
16not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.
AB185-SSA1, s. 17
17Section
17. 961.46 (3) of the statutes, as affected by 1999 Wisconsin Act ....
18(Assembly Bill 318), is amended to read:
AB185-SSA1,7,219
961.46
(3) If any person 17 years of age or over violates s. 961.41 (1) (cm), (d),
20(e), (em), (f), (g)
or, (h)
or (im) by distributing or delivering cocaine, cocaine base,
21heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
22amphetamine, methamphetamine, methcathinone
, flunitrazepam or any form of
23tetrahydrocannabinols or a controlled substance analog of any of these substances
24to a person 17 years of age or under who is at least 3 years his or her junior, any
1applicable minimum and maximum fines and minimum and maximum periods of
2imprisonment under s. 961.41 (1) (cm), (d), (e), (em), (f), (g)
or, (h)
or (im) are doubled.
AB185-SSA1, s. 18
3Section
18. 961.49 (2) (a) (intro.) of the statutes, as affected by 1999 Wisconsin
4Act .... (Senate Bill 146), is amended to read:
AB185-SSA1,7,105
961.49
(2) (a) (intro.) Except as provided in par. (b), the court shall sentence a
6person as provided in par. (am) if the person violates s. 961.41 (1) by delivering or
7distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or
8distribute, a controlled substance included in schedule I or II
or, a controlled
9substance analog of a controlled substance included in schedule I or II
or ketamine
10or flunitrazepam under any of the following circumstances:
AB185-SSA1,7,1512
961.492
(1) The violation of s. 961.41 (1) or (1m) involves the distribution or
13delivery or the possession, with intent to distribute or deliver, of any controlled
14substance included in schedule I or II
or, of a controlled substance analog of any
15controlled substance included in schedule I or II
or of ketamine or flunitrazepam.
AB185-SSA1,8,9
17961.495 Possession or attempted possession of a controlled substance
18on or near certain places. If any person violates s. 961.41 (3g) by possessing or
19attempting to possess a controlled substance included in schedule I or II
or, a
20controlled substance analog of a controlled substance included in schedule I or II
or
21ketamine or flunitrazepam while in or on the premises of a scattered-site public
22housing project, while in or on or otherwise within 1,000 feet of a state, county, city,
23village or town park, a jail or correctional facility, a multiunit public housing project,
24a swimming pool open to members of the public, a youth center or a community
25center, while in or on or otherwise within 1,000 feet of any private or public school
1premises or while in or on or otherwise within 1,000 feet of a school bus, as defined
2in s. 340.01 (56), the court shall, in addition to any other penalties that may apply
3to the crime, impose 100 hours of community service work for a public agency or a
4nonprofit charitable organization. The court shall ensure that the defendant is
5provided a written statement of the terms of the community service order and that
6the community service order is monitored. Any organization or agency acting in good
7faith to which a defendant is assigned pursuant to an order under this section has
8immunity from any civil liability in excess of $25,000 for acts or omissions by or
9impacting on the defendant.
AB185-SSA1,8,1511
961.55
(6m) Flunitrazepam or ketamine that is possessed, transferred, sold,
12offered for sale or attempted to be possessed in violation of this chapter is contraband
13and shall be seized and summarily forfeited to the state. Flunitrazepam or ketamine
14that is seized or comes into the possession of the state, the owner of which is
15unknown, is contraband and shall be summarily forfeited to the state.
AB185-SSA1,8,1817
(1)
This act first applies to acts in violation of chapter 961 of the statutes that
18occur on the effective date of this subsection.