1995 Wisconsin Act 448

448,368 Section 368 . 343.315 (2) (e) of the statutes is amended to read:

343.315 (2) (e) A person is disqualified for life from operating a commercial motor vehicle if the person uses a commercial motor vehicle on or after July 1, 1987, in the commission of a felony involving the manufacture, distribution, delivery or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, deliver or dispense a controlled substance or controlled substance analog. No person who is disqualified under this paragraph is eligible for reinstatement under par. (d).

448,369 Section 369 . 343.32 (1m) (b) (intro.) of the statutes is amended to read:

343.32 (1m) (b) (intro.) The secretary shall suspend or revoke a person's operating privilege for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension or revocation of such person's operating privilege under s. 161.50 961.50. The person is eligible for an occupational license under s. 343.10 as follows:

448,370 Section 370 . 343.32 (1m) (c) of the statutes is amended to read:

343.32 (1m) (c) For purposes of counting the number of convictions under par. (b), convictions of any violation of ch. 161 961 shall be counted and given the effect specified under par. (b). The 5-year period under this subsection shall be measured from the dates of the violations which resulted in the convictions.

448,371 Section 371 . 346.63 (1) (a) of the statutes is amended to read:

346.63 (1) (a) Under the influence of an intoxicant or, a controlled substance, a controlled substance analog or a any combination of an intoxicant and, a controlled substance and a 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

448,372 Section 372 . 346.63 (2) (a) 1. of the statutes is amended to read:

346.63 (2) (a) 1. Under the influence of an intoxicant or, a controlled substance, a controlled substance analog or a any combination of an intoxicant and, a controlled substance and a 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

448,373 Section 373 . 346.63 (2) (b) of the statutes is amended to read:

346.63 (2) (b) In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury 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 or, a controlled substance , a controlled substance analog or a combination thereof, 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 did not have a blood alcohol concentration described under par. (a) 2.

448,374 Section 374 . 346.63 (6) (c) of the statutes is amended to read:

346.63 (6) (c) Under par. (a), the person charged has a defense if it appears by a preponderance of the evidence that the injury would have occurred even if he or she had not been under the influence of an intoxicant or, a controlled substance, a controlled substance analog or a combination thereof, 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 did not have an alcohol concentration described under par. (a).

448,375 Section 375 . 346.637 (1) of the statutes is amended to read:

346.637 (1) The laws relating to operating a motor vehicle and drinking alcohol or, using controlled substances or controlled substance analogs, or both using any combination of alcohol, controlled substances and controlled substance analogs.

448,376 Section 376 . 346.637 (2) of the statutes is amended to read:

346.637 (2) The effects of alcohol or , controlled substances or controlled substance analogs, or both the use of them in any combination, on a person's ability to operate a motor vehicle.

448,377 Section 377. 346.64 (1) of the statutes is amended to read:

346.64 (1) No person who owns or has direct control of a commercial motor vehicle or any vehicle operated upon a highway for the conveyance of passengers for hire shall employ as an operator of such vehicle and retain in the person's employment any person who is addicted to the excessive use of intoxicating liquor or to the use of a controlled substance or controlled substance analog under ch. 161 961. In addition to being subject to fine or imprisonment as prescribed by law, such person shall forfeit $5 for each day such operator is retained in the person's employ.

448,378 Section 378 . 349.02 (2) (b) 2. of the statutes is amended to read:

349.02 (2) (b) 2. Chapter 161 961 and local ordinances that strictly conform to s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2).

448,379 Section 379 . 349.13 (5) (b) 5. of the statutes is amended to read:

349.13 (5) (b) 5. The personal property is subject to forfeiture under ss. 161.55 to 161.56 961.55 to 961.56 and 973.075 to 973.077.

448,380 Section 380 . 350.01 (2) of the statutes is amended to read:

350.01 (2) “Controlled substance" has the meaning designated in s. 161.01 961.01 (4).

448,381 Section 381 . 350.01 (2d) of the statutes is created to read:

350.01 (2d) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,382 Section 382 . 350.01 (9) of the statutes is amended to read:

350.01 (9) “Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

448,383 Section 383 . 350.11 (3) (d) of the statutes is amended to read:

350.11 (3) (d) (title) Alcohol or, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol or, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

448,384 Section 384 . 351.02 (1) (a) 10. of the statutes is amended to read:

351.02 (1) (a) 10. Any offense under the law of another jurisdiction prohibiting conduct described in sections 6-207, 6-302, 6-303, 10-102, 10-103, 10-104, 11-901, 11-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance (1987), or prohibiting homicide or manslaughter resulting from the operation of a motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless driving or driving a motor vehicle with wilful or wanton disregard for the safety of persons or property, driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, a controlled substance analog or any other drug or a combination thereof as prohibited, refusal to submit to chemical testing, operating a motor vehicle while the operating privilege or operator's license is revoked or suspended, perjury or the making false statements or affidavits to a governmental agency in connection with the ownership or operation of a motor vehicle, failing to stop and identify oneself as the driver or operator in the event of a motor vehicle accident with a person or an attended motor vehicle or fleeing from or attempting to elude a police, law enforcement or other peace officer, as those or substantially similar terms are used in that jurisdiction's laws.

448,385 Section 385 . 441.16 (1) (b) 2. of the statutes is amended to read:

441.16 (1) (b) 2. Controlled substances, as defined in s. 161.01 961.01 (4).

448,386 Section 386 . 447.07 (3) (L) of the statutes is amended to read:

447.07 (3) (L) Violated ch. 161 or 450 or 961.

448,387 Section 387 . 448.01 (11) of the statutes is amended to read:

448.01 (11) “Unprofessional conduct" means those acts or attempted acts of commission or omission defined as unprofessional conduct by the board under the authority delegated to the board by s. 15.08 (5) (b) and any act by a physician or podiatrist in violation of ch. 161 or 450 or 961.

448,388 Section 388 . 450.01 (4) of the statutes is amended to read:

450.01 (4) “Controlled substance" has the meaning designated in s. 161.01 961.01 (4).

448,389 Section 389 . 450.01 (20) (b) of the statutes is amended to read:

450.01 (20) (b) Any controlled substance listed included in schedules II to V of ch. 161 961, whether by statute or rule, except substances which by law may be dispensed without the prescription order of a practitioner. Controlled substances are included within this definition for purposes of s. 450.11 (3), (4) (a) and (8) only and for violations thereof punishable under s. 450.11 (9).

448,390 Section 390 . 450.02 (3) (d) of the statutes is amended to read:

450.02 (3) (d) Necessary for the administration and enforcement of this chapter and ch. 161 961.

448,391 Section 391 . 450.10 (1) (a) 2. of the statutes is amended to read:

450.10 (1) (a) 2. Violating this chapter or, subject to s. 961.38 (4r), ch. 161 961 or any federal or state statute or rule which substantially relates to the practice of the licensee.

448,392 Section 392 . 450.10 (3) (b) of the statutes is amended to read:

450.10 (3) (b) Any health care professional who in good faith provides another health care professional with information concerning a violation of this chapter or ch. 161 961 by any person shall be immune from any civil or criminal liability that results from any act or omission in providing such information. In any administrative or court proceeding, the good faith of the health care professional providing such information shall be presumed.

448,393 Section 393 . 450.17 of the statutes is amended to read:

450.17 Violations. Each member of the board shall investigate and institute actions for violations of this chapter by any person and for violation of ch. 161 961 by pharmacists. The district attorney of the proper county shall promptly prosecute any such violation upon notice from any source.

448,394 Section 394 . 453.04 of the statutes is amended to read:

453.04 Violations. The chairperson of the examining board shall institute actions for violations of this chapter by any person and for violations of ch. 161 or 450 or 961 by veterinarians. The district attorney of the county in which the offense is committed shall promptly prosecute any such violation upon being informed thereof, from any source.

448,395 Section 395 . 632.32 (6) (b) 4. of the statutes is amended to read:

632.32 (6) (b) 4. Any use of the motor vehicle for unlawful purposes, or for transportation of liquor in violation of law, or while the driver is under the influence of an intoxicant or a controlled substance or controlled substance analog under ch. 161 961 or a combination thereof, 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 any use of the motor vehicle in a reckless manner. In this subdivision, “drug" has the meaning specified in s. 450.01 (10).

448,396 Section 396 . 753.061 (2) of the statutes is amended to read:

753.061 (2) The chief judge of the 1st judicial administrative district shall designate 2 circuit court branches that will primarily handle cases that involve a violation of ch. 161 961 involving a controlled substance included in schedule I or II under ch. 161 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961.

448,397 Section 397 . 778.25 (1) (a) 1. of the statutes is amended to read:

778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under ch. 48.

448,398 Section 398 . 778.25 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.

448,399 Section 399 . 814.60 (2) (cn) of the statutes is amended to read:

814.60 (2) (cn) Drug abuse program improvement surcharge imposed by s. 161.41 961.41 (5).

448,400 Section 400 . 818.02 (7) of the statutes is amended to read:

818.02 (7) In an action for a forfeiture under s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance strictly conforming to one of those statutes.

448,401 Section 401 . 823.113 (1) of the statutes is amended to read:

823.113 (1) Any building or structure that is used to facilitate the delivery, distribution or manufacture, as defined in s. 161.01 961.01 (6), (9) and (13) respectively, of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), and any building or structure where those acts take place, is a public nuisance and may be proceeded against under this section.

448,402 Section 402 . 885.235 (1) (a) 1. of the statutes is amended to read:

885.235 (1) (a) 1. The fact that the analysis shows that there was more than 0.0% but less than 0.08% by weight of alcohol in the person's blood or more than 0.0 grams but less than 0.08 grams of alcohol in 210 liters of the person's breath is relevant evidence on the issue of being under the combined influence of alcohol and a controlled substance, a controlled substance analog or any other drug, but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

448,403 Section 403 . 885.235 (1) (a) 2. of the statutes is amended to read:

885.235 (1) (a) 2. The fact that the analysis shows that there was more than 0.0% but less than 0.1% by weight of alcohol in the person's blood or more than 0.0 grams but less than 0.1 grams of alcohol in 210 liters of the person's breath is relevant evidence on the issue of being under the combined influence of alcohol and a controlled substance, controlled substance analog or any other drug but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

448,404 Section 404 . 885.235 (5) (b) of the statutes is amended to read:

885.235 (5) (b) “Controlled substance" has the meaning specified in s. 161.01 961.01 (4).

448,405 Section 405 . 885.235 (5) (bd) of the statutes is created to read:

885.235 (5) (bd) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,406 Section 406 . 895.437 (1) (b) of the statutes is amended to read:

895.437 (1) (b) “Controlled substance" has the meaning given in s. 161.01 961.01 (4).

448,407 Section 407 . 895.437 (1) (bd) of the statutes is created to read:

895.437 (1) (bd) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,408 Section 408 . 895.437 (2) (b) of the statutes is amended to read:

895.437 (2) (b) Illegal use of a controlled substance or controlled substance analog.

448,409 Section 409 . 895.437 (3) of the statutes is amended to read:

895.437 (3) An owner or employe of a lodging establishment may deny lodging to an adult if the owner or employe reasonably believes that consumption of an alcohol beverage by an underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or illegal use of a controlled substance or controlled substance analog, may occur in the area of the lodging establishment procured.

448,410 Section 410 . 895.53 (2) of the statutes is amended to read:

895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or both any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

448,411 Section 411 . 938.02 (1p) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.02 (1p) “Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.

448,412 Section 412 . 938.02 (2d) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read: