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).
AB817, s. 343 8Section 343. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
AB817,109,169 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
10order the person to submit to and comply with an assessment by an approved public
11treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of
12alcohol or, controlled substances or controlled substance analogs and development
13of a driver safety plan for the person. The court shall notify the department of
14transportation of the assessment order. The court shall notify the person that
15noncompliance with assessment or the driver safety plan will result in license
16suspension until the person is in compliance. The assessment order shall:
AB817, s. 344 17Section 344. 343.30 (1q) (d) of the statutes, as affected by 1995 Wisconsin Act
1827
, is amended to read:
AB817,111,319 343.30 (1q) (d) The assessment report shall order compliance with a driver
20safety plan. The report shall inform the person of the fee provisions under s. 46.03
21(18) (f). The driver safety plan may include a component that makes the person
22aware of the effect of his or her offense on a victim and a victim's family. The driver
23safety plan may include treatment for the person's misuse, abuse or dependence on
24alcohol or, controlled substances or controlled substance analogs, or attendance at
25a school under s. 345.60, or both. If the plan requires inpatient treatment, the

1treatment shall not exceed 30 days. A driver safety plan under this paragraph shall
2include a termination date consistent with the plan which shall not extend beyond
3one year. The county department under s. 51.42 shall assure notification of the
4department of transportation and the person of the person's compliance or
5noncompliance with assessment and with treatment. The school under s. 345.60
6shall notify the department, the county department under s. 51.42 and the person
7of the person's compliance or noncompliance with the requirements of the school.
8Nonpayment of the assessment fee or, if the person has the ability to pay,
9nonpayment of the driver safety plan fee is noncompliance with the court order. If
10the department is notified of any noncompliance, it shall suspend the person's
11operating privilege until the county department under s. 51.42 or the school under
12s. 345.60 notifies the department that the person is in compliance with assessment
13or the driver safety plan. The department shall notify the person of the suspension,
14the reason for the suspension and the person's right to a review. A person may
15request a review of a suspension based upon failure to comply with a driver safety
16plan within 10 days of notification. The review shall be handled by the subunit of
17the department of transportation designated by the secretary. The issues at the
18review are limited to whether the driver safety plan, if challenged, is appropriate and
19whether the person is in compliance with the assessment order or the driver safety
20plan. The review shall be conducted within 10 days after a request is received. If the
21driver safety plan is determined to be inappropriate, the department shall order a
22reassessment and if the person is otherwise eligible, the department shall reinstate
23the person's operating privilege. If the person is determined to be in compliance with
24the assessment or driver safety plan, and if the person is otherwise eligible, the
25department shall reinstate the person's operating privilege. If there is no decision

1within the 10-day period, the department shall issue an order reinstating the
2person's operating privilege until the review is completed, unless the delay is at the
3request of the person seeking the review.
AB817, s. 345 4Section 345. 343.30 (5) of the statutes is amended to read:
AB817,111,135 343.30 (5) No court may suspend or revoke an operating privilege except as
6authorized by this chapter or ch. 48, 345 or 351 or s. 161.50 961.50. When a court
7revokes, suspends or restricts a child's operating privilege under ch. 48, the
8department of transportation shall not disclose information concerning or relating
9to the revocation, suspension or restriction to any person other than a court, district
10attorney, county corporation counsel, city, village or town attorney, law enforcement
11agency, or the minor whose operating privilege is revoked, suspended or restricted,
12or his or her parent or guardian. Persons entitled to receive this information shall
13not disclose the information to other persons or agencies.
AB817, s. 346 14Section 346. 343.30 (5) of the statutes, as affected by 1995 Wisconsin Act 77,
15is repealed and recreated to read:
AB817,111,2416 343.30 (5) No court may suspend or revoke an operating privilege except as
17authorized by this chapter or ch. 345, 351 or 938 or s. 961.50. When a court revokes,
18suspends or restricts a child's operating privilege under ch. 938, the department of
19transportation shall not disclose information concerning or relating to the
20revocation, suspension or restriction to any person other than a court, district
21attorney, county corporation counsel, city, village or town attorney, law enforcement
22agency, or the minor whose operating privilege is revoked, suspended or restricted,
23or his or her parent or guardian. Persons entitled to receive this information shall
24not disclose the information to other persons or agencies.
AB817, s. 347 25Section 347. 343.303 of the statutes is amended to read:
AB817,112,22
1343.303 Preliminary breath screening test. If a law enforcement officer
2has probable cause to believe that the person is violating or has violated s. 346.63 (1)
3or (2m) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25
4or s. 940.09 where the offense involved the use of a vehicle, or if the officer detects
5any presence of alcohol, a controlled substance, controlled substance analog or other
6drug, or a combination thereof, on a person driving or operating or on duty time with
7respect to a commercial motor vehicle or has reason to believe that the person is
8violating or has violated s. 346.63 (7) or a local ordinance in conformity therewith,
9the officer, prior to an arrest, may request the person to provide a sample of his or
10her breath for a preliminary breath screening test using a device approved by the
11department for this purpose. The result of this preliminary breath screening test
12may be used by the law enforcement officer for the purpose of deciding whether or
13not the person shall be arrested for a violation of s. 346.63 (1), (2m), (5) or (7) or a local
14ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25 and
15whether or not to require or request chemical tests as authorized under s. 343.305
16(3). The result of the preliminary breath screening test shall not be admissible in any
17action or proceeding except to show probable cause for an arrest, if the arrest is
18challenged, or to prove that a chemical test was properly required or requested of a
19person under s. 343.305 (3). Following the screening test, additional tests may be
20required or requested of the driver under s. 343.305 (3). The general penalty
21provision under s. 939.61 (1) does not apply to a refusal to take a preliminary breath
22screening test.
AB817, s. 348 23Section 348. 343.305 (2) of the statutes is amended to read:
AB817,113,1224 343.305 (2) Implied consent. Any person who is on duty time with respect to
25a commercial motor vehicle or drives or operates a motor vehicle upon the public

1highways of this state, or in those areas enumerated in s. 346.61, is deemed to have
2given consent to one or more tests of his or her breath, blood or urine, for the purpose
3of determining the presence or quantity in his or her blood or breath, of alcohol,
4controlled substances, a combination of alcohol and controlled substances, controlled
5substance analogs or
other drugs, or a any combination of alcohol and, controlled
6substances, controlled substance analogs and
other drugs, when requested to do so
7by a law enforcement officer under sub. (3) (a) or (am) or when required to do so under
8sub. (3) (b). Any such tests shall be administered upon the request of a law
9enforcement officer. The law enforcement agency by which the officer is employed
10shall be prepared to administer, either at its agency or any other agency or facility,
112 of the 3 tests under sub. (3) (a) or (am), and may designate which of the tests shall
12be administered first.
AB817, s. 349 13Section 349. 343.305 (3) (am) of the statutes is amended to read:
AB817,113,2314 343.305 (3) (am) Prior to arrest, a law enforcement officer may request the
15person to provide one or more samples of his or her breath, blood or urine for the
16purpose specified under sub. (2) whenever a law enforcement officer detects any
17presence of alcohol, a controlled substance, a controlled substance analog or other
18drug, or a combination thereof, on a person driving or operating or on duty time with
19respect to a commercial motor vehicle or has reason to believe the person is violating
20or has violated s. 346.63 (7). Compliance with a request for one type of sample does
21not bar a subsequent request for a different type of sample. For the purposes of this
22paragraph, "law enforcement officer" includes inspectors in the performance of
23duties under s. 110.07 (3).
AB817, s. 350 24Section 350. 343.305 (3) (b) of the statutes is amended to read:
AB817,114,10
1343.305 (3) (b) A person who is unconscious or otherwise not capable of
2withdrawing consent is presumed not to have withdrawn consent under this
3subsection, and if a law enforcement officer has probable cause to believe that the
4person has violated s. 346.63 (1), (2m) or (5) or a local ordinance in conformity
5therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
6use of a vehicle, or detects any presence of alcohol, controlled substance, controlled
7substance analog
or other drug, or a combination thereof, on a person driving or
8operating or on duty time with respect to a commercial motor vehicle or has reason
9to believe the person has violated s. 346.63 (7), one or more samples specified in par.
10(a) or (am) may be administered to the person.
AB817, s. 351 11Section 351. 343.305 (5) (b) of the statutes is amended to read:
AB817,114,2012 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation
13of s. 346.63 (1), (2), (2m), (5) or (6) or 940.25, or s. 940.09 where the offense involved
14the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1), (2m) or (5),
15or as provided in sub. (3) (am) or (b) to determine the presence or quantity of alcohol,
16a controlled substance, a combination of alcohol and a controlled substance, a
17controlled substance analog or
any other drug, or a any combination of alcohol and,
18controlled substance, controlled substance analog and
any other drug in the blood
19only by a physician, registered nurse, medical technologist, physician assistant or
20person acting under the direction of a physician.
AB817, s. 352 21Section 352. 343.305 (5) (d) of the statutes is amended to read:
AB817,115,1922 343.305 (5) (d) At the trial of any civil or criminal action or proceeding arising
23out of the acts committed by a person alleged to have been driving or operating a
24motor vehicle while under the influence of an intoxicant or , a controlled substance,
25a controlled substance analog or any other drug,
or a under the influence of any

1combination of alcohol and, a controlled substance, under the influence of a
2controlled substance analog and
any other drug, to a degree which renders him or
3her incapable of safely driving, or under the combined influence of an intoxicant and
4any other drug to a degree which renders him or her incapable of safely driving, or
5having a prohibited alcohol concentration, or alleged to have been driving or
6operating or on duty time with respect to a commercial motor vehicle while having
7any measured alcohol concentration above 0.0 or possessing an intoxicating
8beverage, regardless of its alcohol content, or within 4 hours of having consumed or
9having been under the influence of an intoxicating beverage, regardless of its alcohol
10content, or of having an alcohol concentration of 0.04 or more, the results of a test
11administered in accordance with this section are admissible on the issue of whether
12the person was under the influence of an intoxicant or , a controlled substance, a
13controlled substance analog or any other drug,
or a under the influence of any
14combination of alcohol and, a controlled substance, under the influence of a
15controlled substance analog and
any other drug, to a degree which renders him or
16her incapable of safely driving or under the combined influence of an intoxicant and
17any other drug to a degree which renders him or her incapable of safely driving or
18any issue relating to the person's alcohol concentration. Test results shall be given
19the effect required under s. 885.235.
AB817, s. 353 20Section 353. 343.305 (6) (a) of the statutes is amended to read:
AB817,116,721 343.305 (6) (a) Chemical analyses of blood or urine to be considered valid under
22this section shall have been performed substantially according to methods approved
23by the laboratory of hygiene and by an individual possessing a valid permit to
24perform the analyses issued by the department of health and social services. The
25department of health and social services shall approve laboratories for the purpose

1of performing chemical analyses of blood or urine for alcohol or, controlled substances
2or controlled substance analogs and shall develop and administer a program for
3regular monitoring of the laboratories. A list of approved laboratories shall be
4provided to all law enforcement agencies in the state. Urine specimens are to be
5collected by methods specified by the laboratory of hygiene. The laboratory of
6hygiene shall furnish an ample supply of urine and blood specimen containers to
7permit all law enforcement officers to comply with the requirements of this section.
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