1995 Wisconsin Act 448

448,420 Section 420 . 938.24 (2m) (a) 3. of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.24 (2m) (a) 3. Any juvenile alleged to have committed any offense which appears to the intake worker to be directly motivated by the juvenile's need to purchase or otherwise obtain alcohol beverages, controlled substances or controlled substance analogs.

448,421 Section 421 . 938.245 (2) (a) 3. of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.245 (2) (a) 3. That the juvenile submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 938.547 (4) and that is conducted by an approved treatment facility for an examination of the juvenile's use of alcohol beverages, controlled substances or controlled substance analogs and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects.

448,422 Section 422 . 938.295 (1c) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.295 (1c) (b) The juvenile was adjudicated delinquent on the basis of an offense specified in ch. 961.

448,423 Section 423 . 938.295 (1c) (c) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.295 (1c) (c) The greater weight of the evidence at the fact-finding hearing indicates that any offense which formed the basis for the adjudication was motivated by the juvenile's need to purchase or otherwise obtain alcohol beverages, controlled substances or controlled substance analogs.

448,424 Section 424 . 938.295 (1g) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.295 (1g) If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request by the approved treatment facility and if the juvenile is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the juvenile is in need of treatment, intervention or education relating to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and, if so, shall recommend a service plan and appropriate treatment from an approved treatment facility, intervention from a court-approved pupil assistance program or education from a court-approved alcohol or other drug abuse education program.

448,425 Section 425 . 938.32 (1g) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.32 (1g) (intro.) If the petition alleges that the juvenile committed a violation specified under ch. 961 and if the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family and social effects, the judge or juvenile court commissioner may establish as a condition under sub. (1) any of the following:

448,426 Section 426 . 938.34 (6r) (a) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (6r) (a) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the juvenile to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile as to whether the juvenile is cooperating with the treatment and whether the treatment appears to be effective.

448,427 Section 427 . 938.34 (6r) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (6r) (b) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the juvenile to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile about the juvenile's attendance at the program.

448,428 Section 428 . 938.34 (6s) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (6s) If the report under s. 938.33 (1) indicate that the juvenile is in need of treatment for the use or abuse of controlled substances or controlled substance analogs, order the juvenile to submit to drug testing under a drug testing program that the department shall promulgate by rule.

448,429 Section 429 . 938.34 (14r) (title) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (14r) (title) Violations relating to controlled substances or controlled substance analogs.

448,430 Section 430 . 938.34 (14r) (a) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court shall suspend or revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation of ch. 961.

448,431 Section 431 . 938.34 (14r) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (14r) (b) This subsection does not apply to violations under s. 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

448,432 Section 432 . 938.34 (14s) (title) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (14s) (title) Possession of controlled substances or controlled substance analogs.

448,433 Section 433 . 938.34 (14s) (a) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (14s) (a) (intro.) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated s. 961.41 (3g), the court shall order one of the following penalties:

448,434 Section 434 . 938.34 (14s) (am) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (14s) (am) (intro.) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated s. 961.41 (1) or (1m), the court shall order one of the following penalties:

448,435 Section 435 . 938.34 (14t) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.34 (14t) Possession of a controlled substance or controlled substance analog on or near certain premises. If the juvenile is adjudicated delinquent under a violation of s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II under ch. 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 while in or on the premises of a scattered-site public housing project, as defined in s. 961.01 (20i), while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, as defined in s. 961.01 (12m), a multiunit public housing project, as defined in s. 961.01 (14m), a swimming pool open to members of the public, a youth center, as defined in s. 961.01 (22), or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall require that the juvenile participate for 100 hours in a supervised work program or other community service work under sub. (5g).

448,436 Section 436 . 938.343 (10) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.343 (10) (intro.) If the violation is related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs, order the juvenile to do any of the following:

448,437 Section 437 . 938.344 (2e) (a) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.344 (2e) (a) (intro.) If a court finds a juvenile committed a violation under s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes, the court shall suspend or revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years and, in addition, shall order one of the following penalties:

448,438 Section 438 . 938.344 (2e) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.344 (2e) (b) Whenever a court suspends or revokes a juvenile's operating privilege under this subsection, the court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation, together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation under s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes.

448,439 Section 439 . 938.344 (3) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.344 (3) If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

448,440 Section 440 . 938.396 (1m) (a) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.396 (1m) (a) If requested by the school district administrator of a public school district, a law enforcement agency may provide to the school district administrator any information in its records relating to the use, possession or distribution of alcohol or a controlled substance or controlled substance analog by a pupil enrolled in the public school district. The information shall be used by the school district as provided under s. 118.127 (2).

448,441 Section 441 . 938.396 (2) (c) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.396 (2) (c) Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any juvenile who has been found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult.

448,442 Section 442 . 938.396 (7) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.396 (7) (b) If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of that violation.

448,443 Section 443 . 938.547 (1) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

938.547 (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by juveniles is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by juveniles, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for juveniles with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 48 in the pilot counties selected by the department.

448,444 Section 444 . 939.22 (21) (a) of the statutes is amended to read:

939.22 (21) (a) Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 161.41 961.41 (1).

448,445 Section 445 . 939.22 (42) of the statutes is amended to read:

939.22 (42) “Under the influence of an intoxicant" means that the actor's ability to operate a vehicle or handle a firearm or airgun is materially impaired because of his or her consumption of an alcohol beverage or , of a controlled substance or controlled substance analog under ch. 161 or both, 961, of any combination of an alcohol beverage, controlled substance and controlled substance analog, or of any other drug or of an alcohol beverage and any other drug.

448,446 Section 446 . 939.30 (1) of the statutes is amended to read:

939.30 (1) Except as provided in sub. (2) and ss. 161.455 and 948.35 and 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D felony.

448,447 Section 447 . 939.31 of the statutes is amended to read:

939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and, 940.45 (4) and 961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class B felony.

448,448 Section 448 . 939.62 (2m) (a) 1. of the statutes is amended to read:

939.62 (2m) (a) 1. Any felony under s. 161.41 961.41 (1), (1m) or (1x) if the felony is punishable by a maximum prison term of 30 years or more.

448,449 Section 449 . 939.625 (1) (a) of the statutes is amended to read:

939.625 (1) (a) If a person is convicted of a crime under ch. 161 or under chs. 939 to 948 or 961 committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members, the penalties for the underlying crime are increased as provided in par. (b).

448,450 Section 450 . 939.63 (1) (c) of the statutes is amended to read:

939.63 (1) (c) This subsection applies only to crimes specified under chs. 161 and 939 to 951 and 961.

448,451 Section 451 . 940.02 (2) (a) of the statutes is amended to read:

940.02 (2) (a) By manufacture, distribution or delivery, in violation of s. 961.41, of a controlled substance classified included in schedule I or II under ch. 161 in violation of s. 161.41 which 961 or of a controlled substance analog of a controlled substance included in schedule I or II under ch. 961, if another human being uses the controlled substance or controlled substance analog and dies as a result of that use. This paragraph applies:

1. Whether the human being dies as a result of using the controlled substance or controlled substance analog by itself or with any compound, mixture, diluent or other substance mixed or combined with the controlled substance or controlled substance analog.

2. Whether or not the controlled substance or controlled substance analog is mixed or combined with any compound, mixture, diluent or other substance after the violation of s. 161.41 961.41 occurs.

3. To any distribution or delivery described in this paragraph, regardless of whether the distribution or delivery is made directly to the human being who dies. If possession of the controlled substance classified included in schedule I or II under ch. 161 961 or of the controlled substance analog of the controlled substance included in schedule I or II under ch. 961 is transferred more than once prior to the death as described in this paragraph, each person who distributes or delivers the controlled substance or controlled substance analog in violation of s. 161.41 961.41 is guilty under this paragraph.

448,452 Section 452 . 940.02 (2) (b) of the statutes is amended to read:

940.02 (2) (b) By administering or assisting in administering a controlled substance classified 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 of ch. 961, without lawful authority to do so, to another human being and that human being dies as a result of the use of the substance. This paragraph applies whether the human being dies as a result of using the controlled substance or controlled substance analog by itself or with any compound, mixture, diluent or other substance mixed or combined with the controlled substance or controlled substance analog.

448,453 Section 453 . 941.296 (2) (intro.) of the statutes is amended to read:

941.296 (2) (intro.)  Whoever uses or possesses a handgun during the commission of a crime under chs. 161 or 939 to 948 or 961 is guilty of a Class E felony under any of the following circumstances.

448,454 Section 454 . 941.38 (1) (b) 1. of the statutes is amended to read:

941.38 (1) (b) 1. Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 161.41 961.41 (1).

448,455 Section 455 . 946.82 (4) of the statutes, as affected by 1995 Wisconsin Act 133, is amended to read:

946.82 (4) “Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 161 and 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.17, 221.31, 221.39, 221.40, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04, 945.05, 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

448,456 Section 456 . 948.015 (6) of the statutes is amended to read:

948.015 (6) Sections 161.01 961.01 (6) and (9) and 161.49 961.49, relating to delivering and distributing controlled substances or controlled substance analogs to children.

448,457 Section 457 . 948.07 (6) of the statutes is amended to read:

948.07 (6) Giving or selling to the child a controlled substance or controlled substance analog in violation of ch. 161 961.

448,458 Section 458 . 948.35 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455 961.455, any person who has attained the age of 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

448,459 Section 459 . 949.08 (2) (e) of the statutes is amended to read:

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 both any combination of an intoxicant, controlled substance and controlled substance analog, or had a prohibited alcohol concentration, as defined in s. 340.01 (46m). 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.

448,460 Section 460 . 949.08 (2) (em) of the statutes is amended to read:

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 both 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. 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.

448,461 Section 461 . 951.06 of the statutes is amended to read:

951.06 Use of poisonous and controlled substances. No person may expose any domestic animal owned by another to any known poisonous substance or , any controlled substance listed in s. 161.14 included in schedule I, II, III, IV or V of ch. 961, or any controlled substance analog of a controlled substance included in schedule I or II of ch. 961, whether mixed with meat or other food or not, so that the substance is liable to be eaten by the animal and for the purpose of harming the animal. This section shall not apply to poison used on one's own premises and designed for the purpose of rodent or pest extermination nor to the use of a controlled substance in bona fide experiments carried on for scientific research or in accepted veterinary practices.

448,462 Section 462 . 961.001 (1g) of the statutes is created to read:

961.001 (1g) Many of the controlled substances included in this chapter have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of this state.