LRB-2876/1
GMM:wlj:km
1999 - 2000 LEGISLATURE
May 17, 1999 - Introduced by Representatives Pettis, Suder, Ladwig, Musser,
Ainsworth, Owens, Kelso, Seratti, Brandemuehl, Gronemus, Freese,
Kreibich, Goetsch
and Sykora, cosponsored by Senators Darling, Schultz
and Zien. Referred to Committee on Criminal Justice.
AB346,1,6 1An Act to amend 938.34 (14s) (a) 1., 938.34 (14s) (a) 2., 938.34 (14s) (a) 3., 938.34
2(14s) (am) 1., 938.34 (14s) (am) 2., 938.34 (14s) (am) 3., 938.344 (2e) (a) 1.,
3938.344 (2e) (a) 2. and 938.344 (2e) (a) 3. of the statutes; relating to: the
4amount of a forfeiture that may be imposed on a juvenile who possesses a
5controlled substance, a controlled substance analog or drug paraphernalia and
6providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a juvenile who possesses a controlled substance or a
controlled substance analog, in addition to any other disposition that may be
imposed under the juvenile justice code, is subject to a forfeiture of not more than $50
for a first violation, a forfeiture of not more than $100 for a violation committed
within 12 months of a previous violation and a forfeiture of not more than $500 for
a violation committed within 12 months of two or more previous violations. A
juvenile who manufactures, distributes or delivers, or who possesses with intent to
manufacture, distribute or deliver, a controlled substance or a controlled substance
analog, in addition to any other disposition that may be imposed under the juvenile
justice code, is subject to a forfeiture of not less than $250 nor more than $500 for a
first violation, a forfeiture of not less than $300 for a violation committed within 12
months of a previous violation and a forfeiture of $500 for a violation committed
within 12 months of two or more previous violations. A juvenile who uses or

possesses with the primary intent to use, or who delivers, possesses with intent to
deliver or manufactures with intent to deliver, drug paraphernalia is subject to
suspension or revocation of the juvenile's operating privilege for not less than six
months nor more than five years and to a forfeiture of not more than $50 or
participation in a supervised work program, or both, for a first violation, a forfeiture
of not more than $100 or participation in a supervised work program, or both, for a
violation committed within 12 months of a previous violation and a forfeiture of not
more than $500 or participation in a supervised work program, or both, for a violation
committed within 12 months of two or more previous violations.
This bill increases the maximum amount of a forfeiture that may be imposed
on a juvenile who possesses a controlled substance or a controlled substance analog
to $200 for a first violation, $400 for a violation committed within 12 months of a
previous violation and $2,000 for a violation committed within 12 months of two or
more previous violations. The bill also increases the forfeitures that may be imposed
on a juvenile who manufactures, distributes or delivers, or who possesses with intent
to manufacture, distribute or deliver, a controlled substance or a controlled
substance analog to not less than $1,000 nor more than $2,000 for a first violation,
not less than $1,200 for a violation committed within 12 months of a previous
violation and $2,000 for a violation committed within 12 months of two or more
previous violations. Finally, the bill increases the maximum amount of a forfeiture
that may be imposed on a juvenile who uses or possesses with the primary intent to
use, or who delivers, possesses with intent to deliver or manufactures with intent to
deliver, drug paraphernalia to $200 for a first violation, $400 for a violation
committed within 12 months of a previous violation and $2,000 for a violation
committed within 12 months of two or more previous violations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB346, s. 1 1Section 1. 938.34 (14s) (a) 1. of the statutes is amended to read:
AB346,2,22 938.34 (14s) (a) 1. For a first violation, a forfeiture of not more than $50 $200.
AB346, s. 2 3Section 2. 938.34 (14s) (a) 2. of the statutes is amended to read:
AB346,2,54 938.34 (14s) (a) 2. For a violation committed within 12 months of a previous
5violation, a forfeiture of not more than $100 $400.
AB346, s. 3 6Section 3. 938.34 (14s) (a) 3. of the statutes is amended to read:
AB346,2,87 938.34 (14s) (a) 3. For a violation committed within 12 months of 2 or more
8previous violations, a forfeiture of not more than $500 $2,000.
AB346, s. 4
1Section 4. 938.34 (14s) (am) 1. of the statutes is amended to read:
AB346,3,32 938.34 (14s) (am) 1. For a first violation, a forfeiture of not less than $250
3$1,000 nor more than $500 $2,000.
AB346, s. 5 4Section 5. 938.34 (14s) (am) 2. of the statutes is amended to read:
AB346,3,65 938.34 (14s) (am) 2. For a violation committed within 12 months of a previous
6violation, a forfeiture of not less than $300 $1,200.
AB346, s. 6 7Section 6. 938.34 (14s) (am) 3. of the statutes is amended to read:
AB346,3,98 938.34 (14s) (am) 3. For a violation committed within 12 months of 2 or more
9previous violations, a forfeiture of $500 $2,000.
AB346, s. 7 10Section 7. 938.344 (2e) (a) 1. of the statutes is amended to read:
AB346,3,1311 938.344 (2e) (a) 1. For a first violation, a forfeiture of not more than $50 $200
12or the juvenile's participation in a supervised work program or other community
13service work under s. 938.34 (5g) or both.
AB346, s. 8 14Section 8. 938.344 (2e) (a) 2. of the statutes is amended to read:
AB346,3,1815 938.344 (2e) (a) 2. For a violation committed within 12 months of a previous
16violation, a forfeiture of not more than $100 $400 or the juvenile's participation in
17a supervised work program or other community service work under s. 938.34 (5g) or
18both.
AB346, s. 9 19Section 9. 938.344 (2e) (a) 3. of the statutes is amended to read:
AB346,3,2320 938.344 (2e) (a) 3. For a violation committed within 12 months of 2 or more
21previous violations, a forfeiture of not more than $500 $2,000 or the juvenile's
22participation in a supervised work program or other community service work under
23s. 938.34 (5g) or both.
AB346, s. 10 24Section 10 . 0Initial applicability.
AB346,4,7
1(1) Possession of controlled substances, controlled substance analogs or
2drug paraphernalia.
The treatment of sections 938.34 (14s) (a) 1., 2. and 3. and (am)
31., 2. and 3. and 938.344 (2e) (a) 1., 2. and 3. of the statutes first applies to a violation
4of section 961.41 (1), (1m) or (3g), 961.573 (2), 961.574 (2) or 961.575 (2) of the
5statutes occurring on the effective date of this subsection, but does not preclude the
6counting of other violations as prior violations for purposes of imposing a disposition
7on a juvenile.
AB346,4,88 (End)
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