AB458: Bill Text

AB458,26,25 885.235 (1) (d) "Restricted controlled substance" means any of the following:

AB458,27,2 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB458,27,4 2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in subd. 1.

AB458,27,5 3. Cocaine or any of its metabolites.

AB458,27,6 4. Methamphetamine.

AB458,27,7 5. Delta-9-tetrahydrocannabinol.

AB458, s. 73 Section 73. 885.235 (1k) of the statutes is created to read:

AB458,27,19 885.235 (1k) In any action or proceeding in which it is material to prove that a person had a detectable amount of a restricted controlled substance in his or her blood while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle, or while handling a firearm, if a chemical analysis of a sample of the person's blood shows that the person had a detectable amount of a restricted controlled substance in his or her blood, the court shall treat the analysis as prima facie evidence on the issue of the person having a detectable amount of a restricted controlled substance in his or her blood without requiring any expert testimony as to its effect.

AB458, s. 74 Section 74. 885.235 (4) of the statutes is amended to read:

AB458,28,4 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication or for determining whether a person had a detectable amount of a restricted controlled substance in his or her blood shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a detectable amount of a restricted controlled substance in his or her blood, had a specified alcohol concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c).

AB458, s. 75 Section 75. 939.22 (33) of the statutes is created to read:

AB458,28,6 939.22 (33) "Restricted controlled substance" means any of the following:

AB458,28,8 (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB458,28,10 (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in par. (a).

AB458,28,11 (c) Cocaine or any of its metabolites.

AB458,28,12 (d) Methamphetamine.

AB458,28,13 (e) Delta-9-tetrahydrocannabinol.

AB458, s. 76 Section 76. 939.75 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

AB458,28,20 939.75 (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c), (cm), and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e), "unborn child" means any individual of the human species from fertilization until birth that is gestating inside a woman.

AB458, s. 77 Section 77. 939.75 (2) (b) of the statutes is amended to read:

AB458,28,25 939.75 (2) (b) Sections 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c), (cm), and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) do not apply to any of the following:

AB458, s. 78 Section 78. 939.75 (3) (intro.) of the statutes is amended to read:

AB458,29,7 939.75 (3) (intro.) When the existence of an exception under sub. (2) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the exception do not exist in order to sustain a finding of guilt under s. 940.01 (1) (b), 940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) or (1g) (c), (cm), or (d), 940.10 (2), 940.195, 940.23 (1) (b) or (2) (b), 940.24 (2) or 940.25 (1) (c) to (e).

AB458, s. 79 Section 79. 940.09 (1) (am) of the statutes is created to read:

AB458,29,11 940.09 (1) (am) Causes the death of another by the operation or handling of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB458, s. 80 Section 80. 940.09 (1) (cm) of the statutes is created to read:

AB458,29,15 940.09 (1) (cm) Causes the death of an unborn child by the operation or handling of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB458, s. 81 Section 81. 940.09 (1d) (a) 1. of the statutes is amended to read:

AB458,29,23 940.09 (1d) (a) 1. Except as provided in subd. 2., if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization.

AB458, s. 82 Section 82. 940.09 (1d) (a) 2. of the statutes is amended to read:

AB458,30,6 940.09 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization.

AB458, s. 83 Section 83. 940.09 (1d) (b) of the statutes is amended to read:

AB458,30,13 940.09 (1d) (b) If the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 346.65 (6) shall be followed if the court orders the seizure and forfeiture of the motor vehicle owned by the person and used in the violation.

AB458, s. 84 Section 84. 940.09 (1g) (am) of the statutes is created to read:

AB458,30,17 940.09 (1g) (am) Causes the death of another by the operation or handling of a firearm or airgun while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB458, s. 85 Section 85. 940.09 (1g) (cm) of the statutes is created to read:

AB458,30,21 940.09 (1g) (cm) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB458, s. 86 Section 86. 940.09 (1m) of the statutes is renumbered 940.09 (1m) (a) and amended to read:

AB458,31,4 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b) or both,; any combination of sub. (1) (a), (am), or (bm) or both,; any combination of sub. (1) (c), (cm), or (d) or both,; any combination of sub. (1) (c), (cm), or (e) or both,; any combination of sub. (1g) (a), (am), or (b) or both or; any combination of sub. (1g) (c), (cm), or (d) or both for acts arising out of the same incident or occurrence.

AB458,31,18 (b) If the a person is charged with violating both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b) or both sub. (1g) (c) and (d) in the an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b) or both sub. (1g) (c) and (d) more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e), and sub. (1g) (a), (b), (c) and (d), each require proof of a fact for conviction which the other does others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require.

AB458, s. 87 Section 87. 940.09 (2) of the statutes is renumbered 940.09 (2) (a) and amended to read:

AB458,32,2 940.09 (2) (a) The In any action under this section, the defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).

AB458, s. 88 Section 88. 940.09 (2) (b) of the statutes is created to read:

AB458,32,9 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that is based on the defendant allegedly having a detectable amount of methamphetamine in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors.

AB458, s. 89 Section 89. 940.25 (1) (am) of the statutes is created to read:

AB458,32,13 940.25 (1) (am) Causes great bodily harm to another human being by the operation of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB458, s. 90 Section 90. 940.25 (1) (cm) of the statutes is created to read:

AB458,32,17 940.25 (1) (cm) Causes great bodily harm to an unborn child by the operation of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

AB458, s. 91 Section 91. 940.25 (1d) (a) 1. of the statutes is amended to read:

AB458,32,25 940.25 (1d) (a) 1. Except as provided in subd. 2., if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization.

AB458, s. 92 Section 92. 940.25 (1d) (a) 2. of the statutes is amended to read:

AB458,33,7 940.25 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization.

AB458, s. 93 Section 93. 940.25 (1d) (b) of the statutes is amended to read:

AB458,33,14 940.25 (1d) (b) If the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 346.65 (6) shall be followed if the court orders the seizure and forfeiture of the motor vehicle owned by the person and used in the violation.

AB458, s. 94 Section 94. 940.25 (1m) of the statutes is renumbered 940.25 (1m) (a) and amended to read:

AB458,33,21 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b) or both,; any any combination of sub. (1) (a), (am), or (bm) or both, ; any combination of sub. (1) (c), (cm), or (d) or both; any combination of or sub. (1) (c), (cm), or (e) or both for acts arising out of the same incident or occurrence.

AB458,34,7 (b) If the a person is charged with violating both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub. (1) (c) and (e) in the an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub. (1) (c) and (e) more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the other does others do not require.

AB458, s. 95 Section 95. 940.25 (2) of the statutes is renumbered 940.25 (2) (a) and amended to read:

AB458,34,15 940.25 (2) (a) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e).

AB458, s. 96 Section 96. 940.25 (2) (b) of the statutes is created to read:

AB458,34,22 940.25 (2) (b) In any action under this section that is based on the defendant allegedly having a detectable amount of methamphetamine or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors or delta-9-tetrahydrocannabinol.

AB458, s. 97 Section 97. 941.20 (1) (bm) of the statutes is created to read:

AB458,35,6 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors or delta-9-tetrahydrocannabinol.

AB458, s. 98 Section 98. 949.08 (2) (e) of the statutes is amended to read:

AB458,35,14 949.08 (2) (e) Is an adult passenger in the offender's vehicle and, the crime involved is specified in s. 346.63 (2) or 940.25, and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had a prohibited alcohol concentration, as defined in s. 340.01 (46m) committing that offense. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

AB458, s. 99 Section 99. 949.08 (2) (em) of the statutes is amended to read:

AB458,35,23 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and, the crime involved is specified in s. 346.63 (6) or 940.25, and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1 committing that offense. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

AB458, s. 100 Section 100. 967.055 (1) (a) of the statutes is amended to read:

AB458,36,12 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), or offenses concerning the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, and offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.

AB458, s. 101 Section 101. 967.055 (1m) of the statutes is renumbered 967.055 (1m) (intro.) and amended to read:

AB458,36,15 967.055 (1m) Definition Definitions. (intro.) In this section, "drug":

AB458,36,16 (a) "Drug" has the meaning specified in s. 450.01 (10).

AB458, s. 102 Section 102. 967.055 (1m) (b) of the statutes is created to read:

AB458,36,18 967.055 (1m) (b) "Restricted controlled substance" means any of the following:

AB458,36,20 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB458,36,22 2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in subd. 1.

AB458,36,23 3. Cocaine or any of its metabolites.

AB458,36,24 4. Methamphetamine.

AB458,36,25 5. Delta-9-tetrahydrocannabinol.

AB458, s. 103 Section 103. 967.055 (2) (a) of the statutes is amended to read:

AB458,37,21 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB458, s. 104 Section 104. Initial applicability.

AB458,38,3 (1) This act first applies to offenses committed and refusals occurring on the effective date of this subsection but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.

AB458,38,4 (End)