AB787: Bill Text

LRB-4096/1

CMH:sac:rs

2013 - 2014 LEGISLATURE

2013 Assembly BILL 787

February 20, 2014 - Introduced by Representatives Kaufert, Nygren, Murphy, Thiesfeldt, Tittl, Mursau, Ripp, Strachota, Petryk, Ringhand, Knodl, A. Ott and Bies, cosponsored by Senators Olsen and Cowles. Referred to Committee on Criminal Justice.

AB787,1,2 An Act to amend 961.41 (3g) (am) of the statutes; relating to: attempt to possess a schedule I or II controlled substance or analog that is a narcotic.

Analysis by the Legislative Reference Bureau

Under current law, in the uniform controlled substances act, the penalty for illegally possessing or attempting to illegally possess a controlled substance varies depending on the controlled substance. The uniform controlled substance act provides identical penalties for the actual possession and the attempt to possess each controlled substance except for a schedule I or II controlled substance or analog that is a narcotic. Under the uniform controlled substances act, the actual possession of a schedule I or II controlled substance or analog that is a narcotic is a Class I felony, but the uniform controlled substances act does not provide a specific penalty for the attempt to possess such a controlled substance or analog. The attempt, therefore, is subject to the general provision that an attempt to commit a Class I felony is a Class A misdemeanor.

This bill provides that the attempt to possess a schedule I or II controlled substance or analog that is a narcotic is a Class I felony, the same penalty as the actual possession of that controlled substance.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB787,1 Section 1. 961.41 (3g) (am) of the statutes is amended to read:

AB787,2,5 961.41 (3g) (am) Schedule I and II narcotic drugs. If a person possesses or attempts to possess a controlled substance included in schedule I or II which is a narcotic drug, or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person is guilty of a Class I felony.

AB787,2,6 (End)