AB817, s. 249
20Section
249. 161.41 (1p) (b) of the statutes is renumbered 961.492, and
21961.492 (intro.) and (1), as renumbered, are amended to read:
AB817,81,2
22961.492 (title)
Distribution or possession with intent to deliver certain
23controlled substances on public transit vehicles. If a person violates
sub. s.
24961.41 (1) or (1m) under all of the following circumstances, the maximum period of
1imprisonment under
sub. s. 961.41 (1) or (1m) may be increased by not more than 5
2years:
AB817,81,6
3(1) The violation of
sub. s. 961.41 (1) or (1m) involves the delivery or the
4possession, with intent to deliver, of any controlled substance included in schedule
5I or II
or a controlled substance analog of any controlled substance included in
6schedule I or II.
AB817, s. 250
7Section
250. 161.41 (1q) of the statutes is renumbered 961.41 (1q) and
8amended to read:
AB817,81,139
961.41
(1q) (title)
Penalty relating to tetrahydrocannabinols in certain
10cases. Under subs. (1) (h) and (1m) (h) and s.
161.49 961.49 (2), if different penalty
11provisions apply to a person depending on whether the weight of
12tetrahydrocannabinols or the number of
marijuana plants
containing
13tetrahydrocannabinols is considered, the greater penalty provision applies.
AB817, s. 251
14Section
251. 161.41 (1r) of the statutes is renumbered 961.41 (1r) and
15amended to read:
AB817,82,216
961.41
(1r) (title)
Determining weight of substance. In determining amounts
17under subs. (1) and (1m) and s.
161.49 961.49 (2) (b), an amount includes the weight
18of
the controlled substance included under s. 161.16 (2) (b) cocaine, cocaine base,
19heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
20amphetamine, methamphetamine
, methcathinone or tetrahydrocannabinols
or any
21controlled substance analog of these substances together with any compound,
22mixture, diluent
, plant material or other substance mixed or combined with the
23controlled substance
or controlled substance analog. In addition, in determining
24amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols
1means anything
covered included under s.
161.14 961.14 (4) (t) and includes the
2weight of any marijuana.
AB817, s. 252
3Section
252. 161.41 (1x) of the statutes is renumbered 961.41 (1x).
AB817, s. 253
4Section
253. 161.41 (2) of the statutes is renumbered 961.41 (2) and amended
5to read:
AB817,82,96
961.41
(2) (title)
Counterfeit substances. Except as authorized by this
7chapter, it is unlawful for any person to create,
manufacture, deliver or possess with
8intent to deliver, a counterfeit substance. Any person who violates this subsection
9with respect to:
AB817,82,1210
(a) A counterfeit substance
classified included in schedule I or II which is a
11narcotic drug, may be fined not more than $25,000 or imprisoned
for not more than
1215 years or both
;.
AB817,82,1413
(b) Any other counterfeit substance
classified included in schedule I, II or III,
14may be fined not more than $15,000 or imprisoned
for not more than 5 years or both
;.
AB817,82,1615
(c) A counterfeit substance
classified included in schedule IV, may be fined not
16more than $10,000 or imprisoned
for not more than 3 years or both
;.
AB817,82,1817
(d) A counterfeit substance
classified included in schedule V, may be fined not
18more than $5,000 or imprisoned
for not more than one year or both.
AB817, s. 254
19Section
254. 161.41 (2m) of the statutes is renumbered 961.41 (4) (bm) and
20amended to read:
AB817,83,321
961.41
(4) (bm) It is unlawful for any person to agree, consent or offer to
22lawfully manufacture, deliver
, distribute or dispense any controlled substance to any
23person, or to offer, arrange or negotiate to have any controlled substance unlawfully
24manufactured, delivered
, distributed or dispensed, and then manufacture, deliver,
25distribute or dispense or offer, arrange or negotiate to have manufactured, delivered,
1distributed or dispensed to any such person a substance which is not a controlled
2substance. Any person who violates this
subsection
paragraph may be fined not
3more than $500 or imprisoned
for not more than 6 months or both.
AB817, s. 255
4Section
255. 161.41 (2r) (a) of the statutes is renumbered 961.41 (3g) (intro.)
5and amended to read:
AB817,83,146
961.41
(3g) (title)
Possession. (intro.)
Except as provided in par. (b), it is
7unlawful for any person to No person may possess or attempt to possess a controlled
8substance
classified in schedule I or II that is a narcotic drug or a controlled
9substance analog unless the
substance was obtained
person obtains the substance
10or the analog directly from, or pursuant to a valid prescription or order of, a
11practitioner
while who is acting in the course of his or her professional practice, or
12except as unless the person is otherwise authorized by this chapter
to possess the
13substance or the analog. Any person who violates this
paragraph subsection is
14subject to the following penalties:
AB817,83,21
15(a) 1. Except as provided in subd. 2., if the person possesses a controlled
16substance included in schedule I or II which is a narcotic drug, or possesses a
17controlled substance analog of a controlled substance included in schedule I or II
18which is a narcotic drug, the person may, upon a first conviction,
may be fined not
19more than $5,000 or imprisoned for not more than one year or both, and for a 2nd or
20subsequent offense,
the person may be fined not more than $10,000 or imprisoned
21for not more than 2 years or both.
AB817, s. 256
22Section
256. 161.41 (2r) (b) of the statutes is renumbered 961.41 (3g) (a) 2. and
23amended to read:
AB817,84,524
961.41
(3g) (a) 2.
It is unlawful for any person to possess or attempt If the
25person possesses or attempts to possess heroin
unless it was obtained directly from,
1or pursuant to a valid prescription or order of, a practitioner while acting in the
2course of his or her professional practice, or except as otherwise authorized by this
3chapter. Any or a controlled substance analog of heroin, the person
who violates this
4paragraph may be fined not more than $5,000 or imprisoned for not more than one
5year or both.
AB817, s. 257
6Section
257. 161.41 (2r) (c) of the statutes is renumbered 961.41 (3g) (a) 3. and
7amended to read:
AB817,84,138
961.41
(3g) (a) 3. For purposes of this
subsection paragraph, an offense is
9considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted under this chapter or under any
11statute of the United States or of any state relating to controlled substances,
12controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or
13hallucinogenic drugs.
AB817, s. 258
14Section
258. 161.41 (3) of the statutes is renumbered 961.41 (3g) (b) and
15amended to read:
AB817,84,2516
961.41
(3g) (b) Except as provided in
subs. (3m), (3n), (3p) and (3r), it is
17unlawful for any pars. (c), (d) and (e), if the person
to possess or attempt possesses
18or attempts to possess a controlled substance
or controlled substance analog, other
19than a controlled substance
classified included in schedule I or II that is a narcotic
20drug
,unless the substance was obtained directly from, or pursuant to a valid
21prescription or order of, a practitioner while acting in the course of his or her
22professional practice, or except as otherwise authorized by this chapter. Any or a
23controlled substance analog of a controlled substance included in schedule I or II that
24is a narcotic drug, the person
who violates this subsection is guilty of a misdemeanor,
25punishable under s. 939.61.
AB817, s. 259
1Section
259. 161.41 (3m) of the statutes is renumbered 961.41 (3g) (c) and
2amended to read:
AB817,85,103
961.41
(3g) (c)
It is unlawful for any person to possess or attempt If a person
4possess or attempts to possess
a controlled substance included under s. 161.16 (2) (b),
5unless the substance was obtained directly from, or pursuant to a valid prescription
6or order of, a practitioner while acting in the course of his or her professional practice,
7or except as otherwise authorized by this chapter. Any cocaine or cocaine base, or a
8controlled substance analog of cocaine or cocaine base, the person
who violates this
9subsection shall be fined not more than $5,000 and may be imprisoned for not more
10than one year in the county jail.
AB817, s. 260
11Section
260. 161.41 (3n) of the statutes is renumbered 961.41 (3g) (d) and
12amended to read:
AB817,85,2213
961.41
(3g) (d)
It is unlawful for any person to possess or attempt If a person
14possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
15amphetamine, methamphetamine,
methcathinone, psilocin or psilocybin
unless the
16substance was obtained directly from, or pursuant to a valid prescription or order of,
17a practitioner while acting in the course of his or her professional practice, or except
18as otherwise authorized by this chapter. Any, or a controlled substance analog of
19lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine,
20methcathinone, psilocin or psilocybin, the person
who violates this subsection may
21be fined not more than $5,000 or imprisoned for not more than one year in the county
22jail or both.
AB817, s. 261
23Section
261. 161.41 (3p) of the statutes is repealed.
AB817, s. 262
24Section
262. 161.41 (3r) of the statutes is renumbered 961.41 (3g) (e) and
25amended to read:
AB817,86,8
1961.41
(3g) (e)
It is unlawful for any person to possess or attempt If a person
2possesses or attempts to possess tetrahydrocannabinols
, listed at included under s.
3161.14 961.14 (4) (t),
unless it was obtained directly from, or pursuant to a valid
4prescription or order of, a practitioner while acting in the course of his or her
5professional practice, or except as otherwise authorized by this chapter. Any or a
6controlled substance analog of tetrahydrocannabinols, the person
who violates this
7subsection may be fined not more than $1,000 or imprisoned for not more than 6
8months or both.
AB817, s. 263
9Section
263. 161.41 (4) (a) of the statutes is renumbered 961.41 (4) (am) 1. and
10amended to read:
AB817,86,1311
961.41
(4) (am) 1. No person may knowingly
distribute or deliver, attempt to
12distribute or deliver or cause to be
distributed or delivered a noncontrolled substance
13and expressly or impliedly represent
any of the following to the recipient:
AB817,86,1414
a.
The That the substance is a controlled substance
; or.
AB817,86,1915
b.
The That the substance is of a nature, appearance or effect that will allow
16the recipient to display, sell, distribute
, deliver or use the noncontrolled substance
17as a controlled substance
, if the representation is made under circumstances in
18which the person has reasonable cause to believe that the noncontrolled substance
19will be used or distributed for use as a controlled substance.
AB817, s. 264
20Section
264. 161.41 (4) (b) of the statutes is renumbered 961.41 (4) (am) 2., and
21961.41 (4) (am) 2. (intro.) and d., as renumbered, are amended to read:
AB817,86,2322
961.41
(4) (am) 2. Proof of any of the following is prima facie evidence of a
23representation specified in
par. (a) 1. or 2. subd. 1. a. or b.:
AB817,87,224
d. The person
distributing or delivering, attempting to
distribute or deliver or
25causing
distribution or delivery of the substance to be made states to the recipient
1that the substance may be resold at a price that substantially exceeds the value of
2the substance.
AB817, s. 265
3Section
265. 161.41 (4) (c) of the statutes is renumbered 961.41 (4) (am) 3. and
4amended to read:
AB817,87,65
961.41
(4) (am) 3. A person convicted of violating this
subsection paragraph 6may be fined not more than $5,000 or imprisoned
for not more than one year or both.
AB817, s. 266
7Section
266. 161.41 (5) of the statutes is renumbered 961.41 (5).
AB817, s. 267
8Section
267. 161.42 of the statutes is renumbered 961.42.
AB817, s. 268
9Section
268. 161.43 of the statutes is renumbered 961.43, and 961.43 (1) (b)
10(intro.) and 1., as renumbered, are amended to read:
AB817,87,1411
961.43
(1) (b) (intro.)
To Without authorization, to make, distribute or possess
12any punch, die, plate, stone or other thing designed to print, imprint or reproduce the
13trademark, trade name or other identifying mark, imprint or device of another or any
14likeness of any of the foregoing upon any drug or container or labeling thereof so as:
AB817,87,1515
1. To
make a counterfeit
a drug
substance; or
AB817, s. 269
16Section
269. 161.435 of the statutes is renumbered 961.435 and amended to
17read:
AB817,87,19
18961.435 Specific penalty. Any person who violates s.
161.38 961.38 (5) may
19be fined not more than $500 or imprisoned not more than 30 days or both.
AB817, s. 270
20Section
270. 161.438 of the statutes is renumbered 961.438.
AB817, s. 271
21Section
271. 161.44 of the statutes is renumbered 961.44.
AB817, s. 272
22Section
272. 161.45 of the statutes is renumbered 961.45.
AB817, s. 273
23Section
273. 161.455 (title) of the statutes is renumbered 961.455 (title).
AB817,88,4
1961.455
(1) Any person who has attained the age of 17 years who knowingly
2solicits, hires, directs, employs or uses a person who is 17 years of age or under for
3the purpose of violating s.
161.41 961.41 (1) may be fined not more than $50,000 or
4imprisoned for not more than 10 years or both.
AB817, s. 275
5Section
275. 161.455 (2), (3) and (4) of the statutes are renumbered 961.455
6(2), (3) and (4), and 961.455 (4), as renumbered, is amended to read:
AB817,88,97
961.455
(4) If the conduct described under sub. (1) results in a violation under
8s.
161.41 961.41 (1), the actor is subject to prosecution and conviction under s.
161.41 9961.41 (1) or this section or both.
AB817, s. 276
10Section
276. 161.46 (title) of the statutes is renumbered 961.46 (title).
AB817,88,1913
961.46
(1) Except as provided in sub. (3), any person 17 years of age or over who
14violates s.
161.41 961.41 (1) by distributing
or delivering a controlled substance
15listed included in schedule I or II which is a narcotic drug
or a controlled substance
16analog of a controlled substance included in schedule I or II which is a narcotic drug 17to a person 17 years of age or under who is at least 3 years his or her junior is
18punishable by the fine authorized by s.
161.41 961.41 (1) (a) or a term of
19imprisonment of up to twice that authorized by s.
161.41 961.41 (1) (a), or both.
AB817,89,322
961.46
(2) Except as provided in sub. (3), any person 17 years of age or over who
23violates s.
161.41 961.41 (1) by distributing
or delivering any other controlled
24substance
listed included in schedule I, II, III, IV or V
or a controlled substance
25analog of any other controlled substance included in schedule I or II to a person 17
1years of age or under who is at least 3 years his or her junior is punishable by the fine
2authorized by s.
161.41 961.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice
3that authorized by s.
161.41 961.41 (1) (b), (i) or (j) or both.
AB817,89,146
961.46
(3) If any person 17 years of age or over violates s.
161.41 961.41 (1) (cm),
7(d), (e), (f), (g) or (h) by distributing
a controlled substance included under s. 161.14
8(7) (L) or 161.16 (2) (b) or delivering cocaine, cocaine base, heroin, phencyclidine,
9lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine
,
10methcathinone or any form of tetrahydrocannabinols
or a controlled substance
11analog of any of these substances to a person 17 years of age or under who is at least
123 years his or her junior, any applicable minimum and maximum fines and minimum
13and maximum periods of imprisonment under s.
161.41
961.41 (1) (cm), (d), (e), (f),
14(g) or (h) are doubled.
AB817, s. 280
15Section
280. 161.465 (title) of the statutes is renumbered 961.465 (title).
AB817, s. 281
16Section
281. 161.465 (1) of the statutes is renumbered 961.465 (1) and
17amended to read:
AB817,89,2318
961.465
(1) Except as provided in sub. (2), any person who violates s.
161.41 19961.41 (1) or (1m) by delivering
, distributing or possessing with intent to deliver
or
20distribute a controlled substance
or controlled substance analog to a prisoner within
21the precincts of any prison, jail or house of correction is subject to the applicable fine
22under s.
161.41 961.41 (1) or (1m) or a term of imprisonment of up to twice that
23authorized by s.
161.41 961.41 (1) or (1m) or both.
AB817, s. 282
24Section
282. 161.465 (2) of the statutes is renumbered 961.465 (2) and
25amended to read:
AB817,90,10
1961.465
(2) If a person violates s.
161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h)
2or (1m) (cm), (d), (e), (f), (g) or (h) by delivering
, distributing or possessing with intent
3to deliver
a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b) or
4distribute cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide,
5psilocin, psilocybin, amphetamine, methamphetamine
, methcathinone or any form
6of tetrahydrocannabinols
, or a controlled substance analog of any of these
7substances, to a prisoner within the precincts of any prison, jail or house of
8correction, any applicable minimum and maximum fines and minimum and
9maximum periods of imprisonment under s.
161.41 961.41 (1) (cm), (d), (e), (f), (g) or
10(h) or (1m) (cm), (d), (e), (f), (g) or (h) are doubled.
AB817, s. 283
11Section
283. 161.465 (2m) of the statutes is renumbered 961.465 (2m) and
12amended to read:
AB817,90,1413
961.465
(2m) A person may be subject to increased penalties under both this
14section and s.
161.49 961.49 regarding the same unlawful act.
AB817, s. 284
15Section
284. 161.465 (3) of the statutes is renumbered 961.465 (3).
AB817, s. 285
16Section
285. 161.47 of the statutes is renumbered 961.47, and 961.47 (1), as
17renumbered, is amended to read:
AB817,91,918
961.47
(1) Whenever any person who has not previously been convicted of any
19offense under this chapter, or of any offense under any statute of the United States
20or of any state or of any county ordinance relating to
controlled substances or
21controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or
22hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
23possession of a controlled substance
or controlled substance analog under s.
161.41
24(3) 961.41 (3g) (b), the court, without entering a judgment of guilt and with the
25consent of the accused, may defer further proceedings and place him or her on
1probation upon terms and conditions. Upon violation of a term or condition, the court
2may enter an adjudication of guilt and proceed as otherwise provided. Upon
3fulfillment of the terms and conditions, the court shall discharge the person and
4dismiss the proceedings against him or her. Discharge and dismissal under this
5section shall be without adjudication of guilt and is not a conviction for purposes of
6disqualifications or disabilities imposed by law upon conviction of a crime, including
7the additional penalties imposed for 2nd or subsequent convictions under s.
161.48 8961.48. There may be only one discharge and dismissal under this section with
9respect to any person.
AB817, s. 286
10Section
286. 161.472 of the statutes is renumbered 961.472, and 961.472 (2)
11and (4), as renumbered, are amended to read:
AB817,91,2312
961.472
(2) Except as provided in sub. (5), if a person pleads guilty or is found
13guilty of possession or attempted possession of a controlled substance
or controlled
14substance analog under s.
161.41 (2r) (b), (3m), (3n) or (3p) 961.41 (3g) (a) 2., (c) or
15(d), the court shall order the person to comply with an assessment of the person's use
16of controlled substances. The court's order shall designate a facility that is operated
17by or pursuant to a contract with the county department established under s. 51.42
18and that is certified by the department of health and social services to provide
19assessment services to perform the assessment and, if appropriate, to develop a
20proposed treatment plan. The court shall notify the person that noncompliance with
21the order limits the court's ability to determine whether the treatment option under
22s.
161.475 961.475 is appropriate. The court shall also notify the person of the fee
23provisions under s. 46.03 (18) (fm).
AB817,91,25
24(4) The court shall consider the assessment report in determining whether the
25treatment option under s.
161.475 961.475 is appropriate.
AB817, s. 287
1Section
287. 161.475 of the statutes is renumbered 961.475 and amended to
2read:
AB817,92,15
3961.475 Treatment option. Whenever any person pleads guilty to or is found
4guilty of possession or attempted possession of a controlled substance
or controlled
5substance analog under s.
161.41 (2r), (3), (3m), (3n), (3p) or (3r) 961.41 (3g), the court
6may, upon request of the person and with the consent of a treatment facility with
7special inpatient or outpatient programs for the treatment of drug dependent
8persons, allow the person to enter the treatment programs voluntarily for purposes
9of treatment and rehabilitation. Treatment shall be for the period the treatment
10facility feels is necessary and required, but shall not exceed the maximum sentence
11allowable unless the person consents to the continued treatment. At the end of the
12necessary and required treatment, with the consent of the court, the person may be
13released from sentence. If treatment efforts are ineffective or the person ceases to
14cooperate with treatment rehabilitation efforts, the person may be remanded to the
15court for completion of sentencing.
AB817, s. 288
16Section
288. 161.48 of the statutes is renumbered 961.48, and 961.48 (2), (3)
17and (4), as renumbered, are amended to read:
AB817,92,2518
961.48
(2) If any person is convicted of a 2nd or subsequent offense under this
19chapter that is specified in s.
161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm),
20(d), (e), (f), (g) or (h)
, (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or (e), any
21applicable minimum and maximum fines and minimum and maximum periods of
22imprisonment under s.
161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e),
23(f), (g) or (h)
, (2r) (b), (3m), (3n), (3p) or (3r)
or (3g) (a) 2., (c), (d) or (e) are doubled.
24A 2nd or subsequent offense under s.
161.41 (3m), (3n), (3p) or (3r) 961.41 (3g) (c),
25(d) or (e) is a felony and the person may be imprisoned in state prison.
AB817,93,6
1(3) For purposes of this section, an offense is considered a 2nd or subsequent
2offense if, prior to the offender's conviction of the offense, the offender has at any time
3been convicted under this chapter or under any statute of the United States or of any
4state relating to
controlled substance controlled substances or controlled substance
5analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic
6drugs.
AB817,93,8
7(4) This section does not apply to offenses under s.
161.41 (2r) 961.41 (3g) (a)
81. and
(3) (b).
AB817, s. 289
9Section
289. 161.49 of the statutes is renumbered 961.49 and amended to
10read:
AB817,94,2
11961.49 Distribution of or possession with intent to deliver a controlled
12substance on or near certain places. (1) If any person violates s.
161.41 961.41 13(1) (cm), (d), (e), (f), (g) or (h) by
delivering or distributing, or violates s.
161.41 961.41 14(1m) (cm), (d), (e), (f), (g) or (h) by possessing with intent to deliver
, a controlled
15substance included under s. 161.14 (7) (L) or 161.16 (2) (b) or distribute, cocaine,
16cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
17amphetamine, methamphetamine
, methcathinone or any form of
18tetrahydrocannabinols
or a controlled substance analog of any of these substances 19while in or on the premises of a scattered-site public housing project, while in
or on 20or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or
21correctional facility, a multiunit public housing project, a swimming pool open to
22members of the public, a youth center or a community center, while
in or on or
23otherwise within 1,000 feet of any private or public school premises or while
in or on
24or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the
1maximum term of imprisonment prescribed by law for that crime may be increased
2by 5 years.
AB817,94,16
3(2) (a) Except as provided in par. (b), if any person violates s.
161.41 961.41 (1)
4by
delivering or distributing, or violates s.
161.41 961.41 (1m) by possessing with
5intent to deliver
or distribute, a controlled substance
listed included in schedule I or
6II
or a controlled substance analog of a controlled substance included in schedule I
7or II while in or on the premises of a scattered-site public housing project, while in
8or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail
9or correctional facility, a multiunit public housing project, a swimming pool open to
10members of the public, a youth center or a community center, while
in or on or
11otherwise within 1,000 feet of any private or public school premises or while
in or on
12or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
13shall sentence the person to at least 3 years in prison, but otherwise the penalties
14for the crime apply. Except as provided in s.
161.438
961.438, the court shall not place
15the person on probation. The person is not eligible for parole until he or she has
16served at least 3 years, with no modification by the calculation under s. 302.11 (1).
AB817,94,2417
(b) If the conduct described in par. (a) involves only the
delivery or distribution,
18or the possession with intent to deliver
or distribute, of not more than 25 grams of
19tetrahydrocannabinols,
listed at s. 161.14 included in s. 961.14 (4) (t), or not more
20than 5
marijuana plants
containing tetrahydrocannabinols, the court shall sentence
21the person to at least one year in prison, but otherwise the penalties for the crime
22apply. Except as provided in s.
161.438 961.438, the court shall not place the person
23on probation. The person is not eligible for parole until he or she has served at least
24one year, with no modification by the calculation under s. 302.11 (1).
AB817, s. 290
1Section
290. 161.495 of the statutes is renumbered 961.495 and amended to
2read:
AB817,95,20
3961.495 Possession or attempted possession of a controlled substance
4on or near certain places. If any person violates s.
161.41 (2r), (3), (3m), (3n), (3p)
5or (3r) 961.41 (3g) by possessing or attempting to possess a controlled substance
6listed included in schedule I or II
or a controlled substance analog of a controlled
7substance included in schedule I or II while in or on the premises of a scattered-site
8public housing project, while in
or on or otherwise within 1,000 feet of a state, county,
9city, village or town park, a jail or correctional facility, a multiunit public housing
10project, a swimming pool open to members of the public, a youth center or a
11community center, while
in or on or otherwise within 1,000 feet of any private or
12public school premises or while
in or on or otherwise within 1,000 feet of a school bus,
13as defined in s. 340.01 (56), the court shall, in addition to any other penalties that
14may apply to the crime, impose 100 hours of community service work for a public
15agency or a nonprofit charitable organization. The court shall ensure that the
16defendant is provided a written statement of the terms of the community service
17order and that the community service order is monitored. Any organization or
18agency acting in good faith to which a defendant is assigned pursuant to an order
19under this section has immunity from any civil liability in excess of $25,000 for acts
20or omissions by or impacting on the defendant.
AB817, s. 291
21Section
291. 161.50 of the statutes is renumbered 961.50.