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:
AB817,105,2510 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) or
11973.0135, the parole commission may parole an inmate of the Wisconsin state
12prisons or any felon or any person serving at least one year or more in a county house
13of correction or a county reforestation camp organized under s. 303.07, when he or
14she has served 25% of the sentence imposed for the offense, or 6 months, whichever
15is greater. The parole commission may parole a participant in the serious juvenile
16offender program under s. 938.538 when he or she has participated in that program
17for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
18may parole an inmate serving a life term when he or she has served 20 years, as
19modified by the formula under s. 302.11 (1) and subject to extension using the
20formulas under s. 302.11 (2). The person serving the life term shall be given credit
21for time served prior to sentencing under s. 973.155, including good time under s.
22973.155 (4). The secretary may grant special action parole releases under s. 304.02.
23The department or the parole commission shall not provide any convicted offender
24or other person sentenced to the department's custody any parole eligibility or
25evaluation until the person has been confined at least 60 days following sentencing.
AB817, s. 334
1Section 334. 304.06 (4) (a) of the statutes is amended to read:
AB817,106,152 304.06 (4) (a) If any person convicted of a misdemeanor or traffic offense, any
3person convicted of a criminal offense and sentenced to 2 years or less in a house of
4correction or any person committed to a house of correction for treatment and
5rehabilitation for addiction to a controlled substance or controlled substance analog
6under ch. 161 961, during the period of confinement or treatment appears to have
7been rehabilitated or cured to the extent, in the opinion of the superintendent of the
8house of correction or the person in charge of treatment and rehabilitation of a
9prisoner at that institution, that the prisoner may be released, the prisoner may be
10released upon conditional parole. Before a person is released on conditional parole
11under this paragraph, the superintendent or person in charge of treatment and
12rehabilitation shall so notify the municipal police department and county sheriff for
13the area where the person will be residing. The notification requirement does not
14apply if a municipal department or county sheriff submits to the department a
15written statement waiving the right to be notified.
AB817, s. 335 16Section 335. 304.071 (2) of the statutes, as affected by 1995 Wisconsin Act 48,
17is amended to read:
AB817,106,2018 304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 939.62
19(2m), 961.49 (2), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole under
20this section.
AB817, s. 336 21Section 336. 340.01 (9m) of the statutes is amended to read:
AB817,106,2322 340.01 (9m) "Controlled substance" has the meaning specified for the term
23given in s. 161.01 961.01 (4).
AB817, s. 337 24Section 337. 340.01 (9n) of the statutes is created to read:
AB817,107,2
1340.01 (9n) "Controlled substance analog" has the meaning given in s. 961.01
2(4m).
AB817, s. 338 3Section 338. 343.06 (1) (d) of the statutes is amended to read:
AB817,107,104 343.06 (1) (d) To any person whose dependence on alcohol has attained such
5a degree that it interferes with his or her physical or mental health or social or
6economic functioning, or who is addicted to the use of controlled substances or
7controlled substance analogs
, except that the secretary may issue a license if the
8person submits to an examination, evaluation or treatment in a treatment facility
9meeting the standards prescribed in s. 51.45 (8) (a), as directed by the secretary, in
10accordance with s. 343.16 (5).
AB817, s. 339 11Section 339. 343.10 (1) (a) of the statutes is amended to read:
AB817,107,1712 343.10 (1) (a) If a person's license or operating privilege is revoked or
13suspended under this chapter or s. 161.50 961.50 and if the person is engaged in an
14occupation, including homemaking or full-time or part-time study, or a trade
15making it essential that he or she operate a motor vehicle, the person, after payment
16of the fee provided in sub. (6), may file a petition setting forth in detail the need for
17operating a motor vehicle.
AB817, s. 340 18Section 340. 343.10 (5) (a) 1. of the statutes is amended to read:
AB817,108,519 343.10 (5) (a) 1. In addition to any restrictions appearing on the former
20operator's license of the petitioner, the order for issuance of an occupational license
21shall contain definite restrictions as to hours of the day, not to exceed 12, hours per
22week, not to exceed 60, type of occupation and areas or routes of travel which are
23permitted under the license. The order may permit travel to and from church during
24specified hours if the travel does not exceed the restrictions as to hours of the day and
25hours per week in this subdivision. The order may permit travel necessary to comply

1with a driver safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does
2not exceed the restrictions as to hours of the day and hours per week in this
3subdivision. The order may contain restrictions on the use of alcohol and of
4controlled substances and controlled substance analogs in violation of s. 161.41
5961.41.
AB817, s. 341 6Section 341. 343.10 (5) (b) of the statutes is amended to read:
AB817,108,97 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations
8specified in ss. 161.50, 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em),
9343.31 (3m) and, 343.32 (1m) and 961.50.
AB817, s. 342 10Section 342. 343.16 (5) (a) of the statutes is amended to read:
AB817,109,711 343.16 (5) (a) The secretary may require any applicant for a license or any
12licensed operator to submit to a special examination by such persons or agencies as
13the secretary may direct to determine incompetency, physical or mental disability,
14disease or any other condition which might prevent such applicant or licensed person
15from exercising reasonable and ordinary control over a motor vehicle. When the
16department requires the applicant to submit to an examination, the applicant shall
17pay the cost thereof. If the department receives an application for a renewal or
18duplicate license after voluntary surrender under s. 343.265 or receives a report from
19a physician or optometrist under s. 146.82 (3), or if the department has a report of
202 or more arrests within a one-year period for any combination of violations of s.
21346.63 (1) or (5) or a local ordinance in conformity therewith or a law of a federally
22recognized American Indian tribe or band in this state in conformity with s. 346.63
23(1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09
24where the offense involved the use of a vehicle, the department shall determine, by
25interview or otherwise, whether the operator should submit to an examination under

1this section. The examination may consist of an assessment. If the examination
2indicates that education or treatment for a disability, disease or condition concerning
3the use of alcohol or, a controlled substance or a controlled substance analog is
4appropriate, the department may order a driver safety plan in accordance with s.
5343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the
6department shall suspend the person's operating privilege in the manner specified
7in s. 343.30 (1q) (d).
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