LRBa0785/1
JEO:cmh:km
1999 - 2000 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 1999 ASSEMBLY BILL 318
October 26, 1999 - Offered by Representatives Kreibich and Krug.
AB318-AA1,1,4
3"
Section 1r. 961.41 (1) (e) (intro.) of the statutes, as affected by 1999 Wisconsin
4Acts .... (Assembly Bill 465) and .... (this act), is repealed and recreated to read:
AB318-AA1,1,85
961.41
(1) (e)
Phencyclidine, amphetamine and methcathinone. (intro.) If the
6person violates this subsection with respect to phencyclidine, amphetamine or
7methcathinone, or a controlled substance analog of phencyclidine, amphetamine or
8methcathinone, and the amount manufactured, distributed or delivered is:".
AB318-AA1,1,11
10"
Section 2r. 961.41 (1) (em) of the statutes, as created by 1999 Wisconsin Act
11.... (this act), is repealed and recreated to read:
AB318-AA1,2,3
1961.41
(1) (em)
Methamphetamine. If the person violates this subsection with
2respect to methamphetamine or a controlled substance analog of methamphetamine
3and the amount manufactured, distributed or delivered is:
AB318-AA1,2,44
1. Three grams or less, the person is guilty of a Class F felony.
AB318-AA1,2,65
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class
6E felony.
AB318-AA1,2,87
3. More than 10 grams but not more than 50 grams, the person is guilty of a
8Class D felony.
AB318-AA1,2,99
4. More than 50 grams, the person is guilty of a Class C felony.".
AB318-AA1,2,13
11"
Section 3r. 961.41 (1m) (e) (intro.) of the statutes, as affected by 1999
12Wisconsin Acts .... (Assembly Bill 465) and .... (this act), is repealed and recreated to
13read:
AB318-AA1,2,1814
961.41
(1m) (e)
Phencyclidine, amphetamine and methcathinone. (intro.) If
15a person violates this subsection with respect to phencyclidine, amphetamine or
16methcathinone, or a controlled substance analog of phencyclidine, amphetamine or
17methcathinone, and the amount possessed, with intent to manufacture, distribute
18or deliver, is:".
AB318-AA1,2,21
20"
Section 4r. 961.41 (1m) (em) of the statutes, as created by 1999 Wisconsin Act
21.... (this act), is repealed and recreated to read:
AB318-AA1,3,222
961.41
(1m) (em)
Methamphetamine. If the person violates this subsection
23with respect to methamphetamine or a controlled substance analog of
1methamphetamine and the amount possessed, with intent to manufacture,
2distribute or deliver, is:
AB318-AA1,3,33
1. Three grams or less, the person is guilty of a Class F felony.
AB318-AA1,3,54
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class
5E felony.
AB318-AA1,3,76
3. More than 10 grams but not more than 50 grams, the person is guilty of a
7Class D felony.
AB318-AA1,3,88
4. More than 50 grams, the person is guilty of a Class C felony.".
AB318-AA1,3,11
10"
Section 6r. 961.41 (3g) (d) of the statutes, as affected by 1999 Wisconsin Acts
11.... (Assembly Bill 465) and .... (this act), is repealed and recreated to read:
AB318-AA1,3,2312
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
13possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
14amphetamine, methcathinone, psilocin or psilocybin, or a controlled substance
15analog of lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone,
16psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned
17for not more than one year in the county jail or both upon a first conviction and is
18guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this
19paragraph, an offense is considered a 2nd or subsequent offense if, prior to the
20offender's conviction of the offense, the offender has at any time been convicted of any
21felony or misdemeanor under this chapter or under any statute of the United States
22or of any state relating to controlled substances, controlled substance analogs,
23narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.".
AB318-AA1,4,2
1"
Section 7r. 961.41 (3g) (dm) of the statutes, as created by 1999 Wisconsin Act
2.... (this act), is amended to read:
AB318-AA1,4,123
961.41
(3g) (dm)
Methamphetamine. If a person possesses or attempts to
4possess methamphetamine or a controlled substance analog of methamphetamine,
5the person may be fined not more than $5,000 or imprisoned for not more than
2 years 6one year in the county jail or both
upon a first conviction and is guilty of a Class I
7felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
8is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
9offense, the offender has at any time been convicted of any felony or misdemeanor
10under this chapter or under any statute of the United States or of any state relating
11to controlled substances, controlled substance analogs, narcotic drugs, marijuana or
12depressant, stimulant or hallucinogenic drugs.".
AB318-AA1,4,21
15(1q) Reconciliation provision. The amendment of section 961.41 (3g) (dm) of
16the statutes, as created by this act, the repeal and recreation of section 961.41 (1) (e)
17(intro.) and (em), (1m) (e) (intro.) and (em) and (3g) (d) of the statutes and
Section 1819s (1g), (2h) and (3i) of this act are void unless 1999 Assembly Bill 465 is enacted
19into law before July 1, 2000, and unless 1999 Assembly Bill 465 affects section 961.41
20(1) (e) (intro.), (1m) (e) (intro.) and (3g) (d) of the statutes in exactly the same form
21as shown in 1999 Assembly Bill 465, as passed by the assembly.".
AB318-AA1,5,3
228. Page 9, line 10: delete "This act first applies" and substitute "The treatment
23of sections 961.41 (3g) (b), 961.46 (3), 961.465 (2), 961.472 (2), 961.48 (2), 961.49 (1)
24(intro.), 961.55 (1) (d) 3. and 971.365 (1) (a), (b) and (c) and (2) of the statutes, the
1amendment of section 961.41 (1) (e) (intro.), (1m) (e) (intro.) and (3g) (d) of the
2statutes and the creation of section 961.41 (1) (em), (1m) (em) and (3g) (dm) of the
3statutes first apply".
AB318-AA1,5,8
5"
(2r) The amendment of section 961.41 (3g) (dm) of the statutes, as created by
6this act, and the repeal and recreation of section 961.41 (1) (e) (intro.) and (em), (1m)
7(e) (intro.) and (em) and (3g) (d) of the statutes first apply to offenses committed on
8the effective date of this subsection.
AB318-AA1, s. 19s
9Section 19s.
Effective dates. This act takes effect on the day after
10publication, except as follows:
AB318-AA1,5,16
11(1g) If 1999 Assembly Bill 465 has been enacted on or before the day after
12publication of this act and the day after publication of this act is on or before
13December 31, 1999, the amendment of section 961.41 (3g) (dm) of the statutes, as
14created by this act, the repeal and recreation of section 961.41 (1) (e) (intro.) and (em),
15(1m) (e) (intro.) and (em) and (3g) (d) of the statutes and
Section 18 (2r) of this act
16take effect on December 31, 1999.
AB318-AA1,5,22
17(2h) If 1999 Assembly Bill 465 has been enacted on or before the day after
18publication of this act and the day after publication of this act is after December 31,
191999, the amendment of section 961.41 (3g) (dm) of the statutes, as created by this
20act, the repeal and recreation of section 961.41 (1) (e) (intro.) and (em), (1m) (e)
21(intro.) and (em) and (3g) (d) of the statutes and
Section 18 (2r) of this act take effect
22on the day after publication of this act.
AB318-AA1,6,5
23(3i) If 1999 Assembly Bill 465 is enacted after the day after publication of this
24act but before July 1, 2000, the amendment of section 961.41 (3g) (dm) of the statutes,
1as created by this act, the repeal and recreation of section 961.41 (1) (e) (intro.) and
2(em), (1m) (e) (intro.) and (em) and (3g) (d) of the statutes and
Section 18 (2r) of this
3act take effect on December 31, 1999, or on the date that the treatment of section
4961.41 (1) (e) (intro.), (1m) (e) (intro.) and (3g) (d) of the statutes by 1999 Assembly
5Bill 465 takes effect, whichever is later.".
