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.
AB817, s. 292 22Section 292. Subchapter V (title) of chapter 161 [precedes 161.51] of the
23statutes is renumbered subchapter V (title) of chapter 961 [precedes 961.51].
AB817, s. 293 24Section 293. 161.51 of the statutes is renumbered 961.51.
AB817, s. 294
1Section 294. 161.52 of the statutes is renumbered 961.52, and 961.52 (2) (a)
21. and 2., as renumbered, are amended to read:
AB817,96,53 961.52 (2) (a) 1. Places where persons authorized under s. 161.32 961.32 to
4possess controlled substances in this state are required by federal law to keep
5records; and
AB817,96,96 2. Places including factories, warehouses, establishments and conveyances in
7which persons authorized under s. 161.32 961.32 to possess controlled substances in
8this state are permitted by federal law to hold, manufacture, compound, process, sell,
9deliver or otherwise dispose of any controlled substance.
AB817, s. 295 10Section 295. 161.53 of the statutes is renumbered 961.53.
AB817, s. 296 11Section 296. 161.54 of the statutes is renumbered 961.54, and 961.54 (3), as
12renumbered, is amended to read:
AB817,96,1813 961.54 (3) Cooperate with the bureau by establishing a centralized unit to
14accept, catalog, file and collect statistics, including records of drug dependent
15persons and other controlled substance law offenders within the state, and make the
16information available for federal, state and local law enforcement purposes. It shall
17not furnish the name or identity of a patient or research subject whose identity could
18not be obtained under s. 161.335 961.335 (7); and
AB817, s. 297 19Section 297. 161.55 (title) of the statutes is renumbered 961.55 (title).
AB817, s. 298 20Section 298. 161.55 (1) of the statutes is renumbered 961.55 (1), and 961.55
21(1) (a), (b), (c), (d) (intro.) and 3. and (g), as renumbered, are amended to read:
AB817,96,2422 961.55 (1) (a) All controlled substances or controlled substance analogs which
23have been manufactured, delivered, distributed, dispensed or acquired in violation
24of this chapter;.
AB817,97,4
1(b) All raw materials, products and equipment of any kind which are used, or
2intended for use, in manufacturing, compounding, processing, delivering,
3distributing, importing or exporting any controlled substance or controlled
4substance analog
in violation of this chapter;.
AB817,97,65 (c) All property which is used, or intended for use, as a container for property
6described in pars. (a) and (b);.
AB817,97,117 (d) (intro.) All vehicles, as defined in s. 939.22 (44), which are used, or intended
8for use, to transport, or in any manner to facilitate the transportation, for the purpose
9of sale or receipt of property described in pars. (a) and (b) or for the purpose of
10transporting any property or weapon used or to be used or received in the commission
11of any felony under this chapter, but:
AB817,97,1312 3. A vehicle is not subject to forfeiture for a violation of s. 161.41 (3), (3m), (3n),
13(3p) or (3r)
961.41 (3g) (b), (c), (d) or (e); and
AB817,97,1514 (g) Any drug paraphernalia, as defined in s. 161.571 961.571, used in violation
15of this chapter.
AB817, s. 299 16Section 299. 161.55 (2) of the statutes is renumbered 961.55 (2), and 961.55
17(2) (intro.), as renumbered, is amended to read:
AB817,97,2118 961.55 (2) (intro.) Property subject to forfeiture under this chapter may be
19seized by any officer or employe designated in s. 161.51 961.51 (1) or (2) or a law
20enforcement officer upon process issued by any court of record having jurisdiction
21over the property. Seizure without process may be made if:
AB817, s. 300 22Section 300. 161.55 (3) of the statutes is renumbered 961.55 (3), and 961.55
23(3) (intro.), as renumbered, is amended to read:
AB817,98,924 961.55 (3) (intro.) In the event of seizure under sub. (2), proceedings under sub.
25(4) shall be instituted promptly. All dispositions and forfeitures under this section

1and ss. 161.555 961.555 and 161.56 961.56 shall be made with due provision for the
2rights of innocent persons under sub. (1) (d) 1., 2. and 4. Any property seized but not
3forfeited shall be returned to its rightful owner. Any person claiming the right to
4possession of property seized may apply for its return to the circuit court for the
5county in which the property was seized. The court shall order such notice as it
6deems adequate to be given the district attorney and all persons who have or may
7have an interest in the property and shall hold a hearing to hear all claims to its true
8ownership. If the right to possession is proved to the court's satisfaction, it shall
9order the property returned if:
AB817, s. 301 10Section 301. 161.55 (4) of the statutes is renumbered 961.55 (4).
AB817, s. 302 11Section 302. 161.55 (5) of the statutes is renumbered 961.55 (5).
AB817, s. 303 12Section 303. 161.55 (6) of the statutes is renumbered 961.55 (6) and amended
13to read:
AB817,98,2114 961.55 (6) Controlled substances listed included in schedule I and controlled
15substance analogs of controlled substances included in schedule I
that are possessed,
16transferred, sold, offered for sale or attempted to be possessed in violation of this
17chapter are contraband and shall be seized and summarily forfeited to the state.
18Controlled substances listed included in schedule I and controlled substance analogs
19of controlled substances included in schedule I
that are seized or come into the
20possession of the state, the owners of which are unknown, are contraband and shall
21be summarily forfeited to the state.
AB817, s. 304 22Section 304. 161.55 (7) of the statutes is renumbered 961.55 (7).
AB817, s. 305 23Section 305. 161.55 (8) of the statutes is renumbered 961.55 (8) and amended
24to read:
AB817,99,5
1961.55 (8) The failure, upon demand by any officer or employe designated in s.
2161.51 961.51 (1) or (2), of the person in occupancy or in control of land or premises
3upon which the species of plants are growing or being stored, to produce an
4appropriate federal registration, or proof that the person is the holder thereof,
5constitutes authority for the seizure and forfeiture of the plants.
AB817, s. 306 6Section 306. 161.555 of the statutes is renumbered 961.555, and 961.555 (1),
7(3) and (4) (intro.), as renumbered, are amended to read:
AB817,99,138 961.555 (1) Type of action; where brought. In an action brought to cause the
9forfeiture of any property seized under s. 161.55 961.55, the court may render a
10judgment in rem or against a party personally, or both. The circuit court for the
11county in which the property was seized shall have jurisdiction over any proceedings
12regarding the property when the action is commenced in state court. Any property
13seized may be the subject of a federal forfeiture action.
AB817,99,16 14(3) Burden of proof. The state shall have the burden of satisfying or convincing
15to a reasonable certainty by the greater weight of the credible evidence that the
16property is subject to forfeiture under s. 161.55 961.55.
AB817,99,20 17(4)Action against other property of the person. (intro.) The court may order
18the forfeiture of any other property of a defendant up to the value of property found
19by the court to be subject to forfeiture under s. 161.55 961.55 if the property subject
20to forfeiture meets any of the following conditions:
AB817, s. 307 21Section 307. 161.56 of the statutes is renumbered 961.56.
AB817, s. 308 22Section 308. 161.565 of the statutes is renumbered 961.565.
AB817, s. 309 23Section 309. Subchapter VI (title) of chapter 161 [precedes 161.571] of the
24statutes is renumbered subchapter VI (title) of chapter 961 [precedes 961.571].
AB817, s. 310
1Section 310. 161.571 of the statutes is renumbered 961.571, and 961.571 (1)
2(a) (intro.), 1., 2., 4., 5., 6., 8., 9. and 10., as renumbered, are amended to read:
AB817,100,103 961.571 (1) (a) (intro.) "Drug paraphernalia" means all equipment, products
4and materials of any kind that are used, designed for use or primarily intended for
5use in planting, propagating, cultivating, growing, harvesting, manufacturing,
6compounding, converting, producing, processing, preparing, testing, analyzing,
7packaging, repackaging, storing, containing, concealing, injecting, ingesting,
8inhaling or otherwise introducing into the human body a controlled substance or
9controlled substance analog
in violation of this chapter. "Drug paraphernalia"
10includes, but is not limited to, any of the following:
AB817,100,1411 1. Kits used, designed for use or primarily intended for use in planting,
12propagating, cultivating, growing or harvesting of any species of plant that is a
13controlled substance or from which a controlled substance or controlled substance
14analog
can be derived.
AB817,100,1715 2. Kits used, designed for use or primarily intended for use in manufacturing,
16compounding, converting, producing, processing or preparing controlled substances
17or controlled substance analogs.
AB817,100,2018 4. Testing equipment used, designed for use or primarily intended for use in
19identifying, or in analyzing the strength, effectiveness or purity of, controlled
20substances or controlled substance analogs.
AB817,100,2221 5. Scales and balances used, designed for use or primarily intended for use in
22weighing or measuring controlled substances or controlled substance analogs.
AB817,100,2523 6. Diluents and adulterants, such as quinine hydrochloride, mannitol,
24mannite, dextrose and lactose, used, designed for use or primarily intended for use
25in cutting controlled substances or controlled substance analogs.
AB817,101,3
18. Blenders, bowls, containers, spoons and mixing devices used, designed for
2use or primarily intended for use in compounding controlled substances or controlled
3substance analogs
.
AB817,101,64 9. Capsules, balloons, envelopes and other containers used, designed for use
5or primarily intended for use in packaging small quantities of controlled substances
6or controlled substance analogs.
AB817,101,97 10. Containers and other objects used, designed for use or primarily intended
8for use in storing or concealing controlled substances or controlled substance
9analogs
.
AB817, s. 311 10Section 311. 161.572 of the statutes is renumbered 961.572, and 961.572 (1)
11(c) and (d), as renumbered, are amended to read:
AB817,101,1312 961.572 (1) (c) The proximity of the object to controlled substances or controlled
13substance analogs
.
AB817,101,1514 (d) The existence of any residue of controlled substances or controlled
15substance analogs
on the object.
AB817, s. 312 16Section 312. 161.573 (title) of the statutes is renumbered 961.573 (title).
AB817, s. 313 17Section 313. 161.573 (1) of the statutes is renumbered 961.573 (1) and
18amended to read:
AB817,101,2519 961.573 (1) No person may use, or possess with the primary intent to use, drug
20paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
21compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
22contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
23a controlled substance or controlled substance analog in violation of this chapter.
24Any person who violates this section may be fined not more than $500 or imprisoned
25for not more than 30 days or both.
AB817, s. 314
1Section 314. 161.573 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
2is renumbered 961.573 (2).
AB817, s. 315 3Section 315. 161.574 (title) of the statutes is renumbered 961.574 (title).
AB817, s. 316 4Section 316. 161.574 (1) of the statutes is renumbered 961.574 (1) and
5amended to read:
AB817,102,136 961.574 (1) No person may deliver, possess with intent to deliver, or
7manufacture with intent to deliver, drug paraphernalia, knowing that it will be
8primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
9compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
10contain, conceal, inject, ingest, inhale or otherwise introduce into the human body
11a controlled substance or controlled substance analog in violation of this chapter.
12Any person who violates this section may be fined not more than $1,000 or
13imprisoned for not more than 90 days or both.
AB817, s. 317 14Section 317. 161.574 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
15is renumbered 961.574 (2).
AB817, s. 318 16Section 318. 161.575 of the statutes, as affected by 1995 Wisconsin Act 27, is
17renumbered 961.575, and 961.575 (1), as renumbered, is amended to read:
AB817,102,2118 961.575 (1) Any person 17 years of age or over who violates s. 161.574 961.574
19by delivering drug paraphernalia to a person 17 years of age or under who is at least
203 years younger than the violator may be fined not more than $10,000 or imprisoned
21for not more than 9 months or both.
AB817, s. 319 22Section 319. 161.576 of the statutes is renumbered 961.576.
AB817, s. 320 23Section 320. 161.577 of the statutes is renumbered 961.577 and amended to
24read:
AB817,103,3
1961.577 Municipal ordinances. Nothing in this subchapter precludes a city,
2village or town from prohibiting conduct that is the same as that prohibited by s.
3161.573 961.573 (2), 161.574 961.574 (2) or 161.575 961.575 (2).
AB817, s. 321 4Section 321. Subchapter VII (title) of chapter 161 [precedes 161.61] of the
5statutes is renumbered subchapter VII (title) of chapter 961 [precedes 961.61].
AB817, s. 322 6Section 322. 161.61 of the statutes is renumbered 961.61.
AB817, s. 323 7Section 323. 161.62 of the statutes is renumbered 961.62.
AB817, s. 324 8Section 324. 165.70 (1) (b) of the statutes is amended to read:
AB817,103,119 165.70 (1) (b) Enforce chs. 161 and 945 and 961 and ss. 940.20 (3), 941.25 to
10941.27, 943.01 (2) (c), 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33, 944.34,
11946.65, 947.02 (3) and (4) and 948.08.
AB817, s. 325 12Section 325. 165.72 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
13is amended to read:
AB817,103,1714 165.72 (3) Reward payment program. The department shall administer a
15reward payment program. Under the program, the department may offer and pay
16rewards from the appropriation under s. 20.455 (2) (e) for information under sub. (2)
17(a) leading to the arrest and conviction of a person for a violation of ch. 161 961.
AB817, s. 326 18Section 326. 165.83 (2) (a) 2. of the statutes is amended to read:
AB817,103,2419 165.83 (2) (a) 2. For an offense which is a misdemeanor or a violation of an
20ordinance involving burglary tools, commercial gambling, dealing in gambling
21devices, contributing to the delinquency of a child, dealing in stolen property,
22controlled substances or controlled substance analogs under ch. 161 961, firearms,
23dangerous weapons, explosives, pandering, prostitution, sex offenses where children
24are victims, or worthless checks.
AB817, s. 327 25Section 327. 302.11 (1g) (a) 1. of the statutes is amended to read:
AB817,104,2
1302.11 (1g) (a) 1. Any felony under s. 161.41 961.41 (1), (1m) or (1x) if the felony
2is punishable by a maximum prison term of 30 years or more.
AB817, s. 328 3Section 328. 302.11 (1p) of the statutes is amended to read:
AB817,104,64 302.11 (1p) An inmate serving a term subject to s. 161.49 961.49 (2) is entitled
5to mandatory release, except the inmate may not be released before he or she has
6complied with s. 161.49 961.49 (2).
AB817, s. 329 7Section 329. 302.375 (1) (b) of the statutes is amended to read:
AB817,104,98 302.375 (1) (b) Wilfully permits a prisoner to have any controlled substance,
9controlled substance analog
or intoxicating liquor.
AB817, s. 330 10Section 330. 302.375 (4) (a) of the statutes is amended to read:
AB817,104,1211 302.375 (4) (a) "Controlled substance" has the meaning designated for the term
12given in s. 161.01 961.01 (4).
AB817, s. 331 13Section 331. 302.375 (4) (am) of the statutes is created to read:
AB817,104,1514 302.375 (4) (am) "Controlled substance analog" has the meaning given in s.
15961.01 (4m).
AB817, s. 332 16Section 332. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Act
1727
, section 6405, is amended to read:
AB817,105,718 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3),
19961.49 (2)
or 973.0135, the parole commission may parole an inmate of the Wisconsin
20state prisons or any felon or any person serving at least one year or more in a county
21house of correction or a county reforestation camp organized under s. 303.07, when
22he or she has served 25% of the sentence imposed for the offense, or 6 months,
23whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the parole
24commission may parole an inmate serving a life term when he or she has served 20
25years, as modified by the formula under s. 302.11 (1) and subject to extension using

1the formulas under s. 302.11 (2). The person serving the life term shall be given
2credit for time served prior to sentencing under s. 973.155, including good time under
3s. 973.155 (4). The secretary may grant special action parole releases under s.
4304.02. The department or the parole commission shall not provide any convicted
5offender or other person sentenced to the department's custody any parole eligibility
6or evaluation until the person has been confined at least 60 days following
7sentencing.
AB817, s. 333 8Section 333. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Acts
977 and .... (this act), is repealed and recreated to read:
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