AB817,127,1110 450.01 (4) "Controlled substance" has the meaning designated in s. 161.01
11961.01 (4).
AB817, s. 389 12Section 389. 450.01 (20) (b) of the statutes is amended to read:
AB817,127,1713 450.01 (20) (b) Any controlled substance listed included in schedules II to V of
14ch. 161 961, whether by statute or rule, except substances which by law may be
15dispensed without the prescription order of a practitioner. Controlled substances are
16included within this definition for purposes of s. 450.11 (3), (4) (a) and (8) only and
17for violations thereof punishable under s. 450.11 (9).
AB817, s. 390 18Section 390. 450.02 (3) (d) of the statutes is amended to read:
AB817,127,2019 450.02 (3) (d) Necessary for the administration and enforcement of this chapter
20and ch. 161 961.
AB817, s. 391 21Section 391. 450.10 (1) (a) 2. of the statutes is amended to read:
AB817,127,2422 450.10 (1) (a) 2. Violating this chapter or, subject to s. 961.38 (4r), ch. 161 961
23or any federal or state statute or rule which substantially relates to the practice of
24the licensee.
AB817, s. 392 25Section 392. 450.10 (3) (b) of the statutes is amended to read:
AB817,128,6
1450.10 (3) (b) Any health care professional who in good faith provides another
2health care professional with information concerning a violation of this chapter or
3ch. 161 961 by any person shall be immune from any civil or criminal liability that
4results from any act or omission in providing such information. In any
5administrative or court proceeding, the good faith of the health care professional
6providing such information shall be presumed.
AB817, s. 393 7Section 393. 450.17 of the statutes is amended to read:
AB817,128,11 8450.17 Violations. Each member of the board shall investigate and institute
9actions for violations of this chapter by any person and for violation of ch. 161 961
10by pharmacists. The district attorney of the proper county shall promptly prosecute
11any such violation upon notice from any source.
AB817, s. 394 12Section 394. 453.04 of the statutes is amended to read:
AB817,128,17 13453.04 Violations. The chairperson of the examining board shall institute
14actions for violations of this chapter by any person and for violations of ch. 161 or 450
15or 961 by veterinarians. The district attorney of the county in which the offense is
16committed shall promptly prosecute any such violation upon being informed thereof,
17from any source.
AB817, s. 395 18Section 395. 632.32 (6) (b) 4. of the statutes is amended to read:
AB817,129,219 632.32 (6) (b) 4. Any use of the motor vehicle for unlawful purposes, or for
20transportation of liquor in violation of law, or while the driver is under the influence
21of an intoxicant or a controlled substance or controlled substance analog under ch.
22161 961 or a combination thereof, under the influence of any other drug to a degree
23which renders him or her incapable of safely driving, or under the combined
24influence of an intoxicant and any other drug to a degree which renders him or her

1incapable of safely driving, or any use of the motor vehicle in a reckless manner. In
2this subdivision, "drug" has the meaning specified in s. 450.01 (10).
AB817, s. 396 3Section 396. 753.061 (2) of the statutes is amended to read:
AB817,129,84 753.061 (2) The chief judge of the 1st judicial administrative district shall
5designate 2 circuit court branches that will primarily handle cases that involve a
6violation of ch. 161 961 involving a controlled substance included in schedule I or II
7under ch. 161 961 or a controlled substance analog of a controlled substance included
8in schedule I or II under ch. 961
.
AB817, s. 397 9Section 397. 778.25 (1) (a) 1. of the statutes is amended to read:
AB817,129,1410 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573
11(2), 161.574 (2) or 161.575 (2)
961.573 (2), 961.574 (2) or 961.575 (2) or under a local
12ordinance strictly conforming to one of those statutes brought against an adult in
13circuit court or against a minor in the court assigned to exercise jurisdiction under
14ch. 48.
AB817, s. 398 15Section 398. 778.25 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin Acts
1677 and .... (this act), is repealed and recreated to read:
AB817,129,2017 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573
18(2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one
19of those statutes brought against an adult in circuit court or against a minor in the
20court assigned to exercise jurisdiction under chs. 48 and 938.
AB817, s. 399 21Section 399. 814.60 (2) (cn) of the statutes is amended to read:
AB817,129,2322 814.60 (2) (cn) Drug abuse program improvement surcharge imposed by s.
23161.41 961.41 (5).
AB817, s. 400 24Section 400. 818.02 (7) of the statutes is amended to read:
AB817,130,3
1818.02 (7) In an action for a forfeiture under s. 161.573 (2), 161.574 (2) or
2161.575 (2)
961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance strictly
3conforming to one of those statutes.
AB817, s. 401 4Section 401. 823.113 (1) of the statutes is amended to read:
AB817,130,105 823.113 (1) Any building or structure that is used to facilitate the delivery,
6distribution
or manufacture, as defined in s. 161.01 961.01 (6), (9) and (13)
7respectively, of a controlled substance, as defined in s. 161.01 961.01 (4), or a
8controlled substance analog, as defined in s. 961.01 (4m),
and any building or
9structure where those acts take place, is a public nuisance and may be proceeded
10against under this section.
AB817, s. 402 11Section 402. 885.235 (1) (a) 1. of the statutes is amended to read:
AB817,130,1712 885.235 (1) (a) 1. The fact that the analysis shows that there was more than
130.0% but less than 0.08% by weight of alcohol in the person's blood or more than 0.0
14grams but less than 0.08 grams of alcohol in 210 liters of the person's breath is
15relevant evidence on the issue of being under the combined influence of alcohol and
16a controlled substance, a controlled substance analog or any other drug, but, except
17as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.
AB817, s. 403 18Section 403. 885.235 (1) (a) 2. of the statutes is amended to read:
AB817,130,2419 885.235 (1) (a) 2. The fact that the analysis shows that there was more than
200.0% but less than 0.1% by weight of alcohol in the person's blood or more than 0.0
21grams but less than 0.1 grams of alcohol in 210 liters of the person's breath is relevant
22evidence on the issue of being under the combined influence of alcohol and a
23controlled substance, controlled substance analog or any other drug but, except as
24provided in par. (d) or sub. (1m), is not to be given any prima facie effect.
AB817, s. 404 25Section 404. 885.235 (5) (b) of the statutes is amended to read:
AB817,131,2
1885.235 (5) (b) "Controlled substance" has the meaning specified in s. 161.01
2961.01 (4).
AB817, s. 405 3Section 405. 885.235 (5) (bd) of the statutes is created to read:
AB817,131,54 885.235 (5) (bd) "Controlled substance analog" has the meaning given in s.
5961.01 (4m).
AB817, s. 406 6Section 406. 895.437 (1) (b) of the statutes is amended to read:
AB817,131,87 895.437 (1) (b) "Controlled substance" has the meaning given in s. 161.01
8961.01 (4).
AB817, s. 407 9Section 407. 895.437 (1) (bd) of the statutes is created to read:
AB817,131,1110 895.437 (1) (bd) "Controlled substance analog" has the meaning given in s.
11961.01 (4m).
AB817, s. 408 12Section 408. 895.437 (2) (b) of the statutes is amended to read:
AB817,131,1413 895.437 (2) (b) Illegal use of a controlled substance or controlled substance
14analog
.
AB817, s. 409 15Section 409. 895.437 (3) of the statutes is amended to read:
AB817,131,2116 895.437 (3) An owner or employe of a lodging establishment may deny lodging
17to an adult if the owner or employe reasonably believes that consumption of an
18alcohol beverage by an underage person not accompanied by his or her parent,
19guardian or spouse who has attained the legal drinking age, or illegal use of a
20controlled substance or controlled substance analog, may occur in the area of the
21lodging establishment procured.
AB817, s. 410 22Section 410. 895.53 (2) of the statutes is amended to read:
AB817,132,323 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law
24enforcement officer or conservation warden for the purpose of determining the
25presence or quantity of alcohol, controlled substances, controlled substance analogs

1or both any combination of alcohol, controlled substances and controlled substance
2analogs
is immune from any civil or criminal liability for the act, except for civil
3liability for negligence in the performance of the act.
AB817, s. 411 4Section 411. 938.02 (1p) of the statutes, as created by 1995 Wisconsin Act 77,
5is repealed and recreated to read:
AB817,132,106 938.02 (1p) "Alcohol or other drug abuse impairment" means a condition of a
7person which is exhibited by characteristics of habitual lack of self-control in the use
8of alcohol beverages, controlled substances or controlled substance analogs to the
9extent that the person's health is substantially affected or endangered or the person's
10social or economic functioning is substantially disrupted.
AB817, s. 412 11Section 412. 938.02 (2d) of the statutes, as created by 1995 Wisconsin Act 77,
12is repealed and recreated to read:
AB817,132,1313 938.02 (2d) "Controlled substance" has the meaning given in s. 961.01 (4).
AB817, s. 413 14Section 413. 938.02 (2e) of the statutes is created to read:
AB817,132,1615 938.02 (2e) "Controlled substance analog" has the meaning given in s. 961.01
16(4m).
AB817, s. 414 17Section 414. 938.17 (2) (c) of the statutes, as created by 1995 Wisconsin Act
1877
, is repealed and recreated to read:
AB817,133,519 938.17 (2) (c) The citation procedures described in ch. 800 shall govern
20proceedings involving juveniles in municipal court, except that this chapter shall
21govern the taking and holding of a juvenile in custody and par. (cg) shall govern the
22issuing of a summons to the juvenile's parent, guardian or legal custodian. When a
23juvenile is before the court assigned to exercise jurisdiction under this chapter and
24ch. 48 upon a citation alleging the juvenile to have violated a civil law or municipal
25ordinance, the procedures specified in s. 938.237 shall apply. If a citation is issued

1to a juvenile, the issuing agency shall notify the juvenile's parent, guardian and legal
2custodian within 7 days. The agency issuing a citation to a juvenile who is 12 to 15
3years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573
4(2), 961.574 (2) or 961.575 (2) or an ordinance conforming to one of those statutes
5shall send a copy to an intake worker under s. 938.24 for informational purposes only.
AB817, s. 415 6Section 415. 938.17 (2) (d) of the statutes, as created by 1995 Wisconsin Act
777
, is repealed and recreated to read:
AB817,133,228 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal
9ordinance other than an ordinance enacted under s. 118.163 or an ordinance that
10conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2)
11or 961.575 (2), the court shall enter any of the dispositional orders permitted under
12s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture
13imposed by the municipal court, the court may not impose a jail sentence but may
14suspend any license issued under ch. 29 for not less than 30 days nor more than 5
15years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for
16not less than 30 days nor more than 5 years. If a court suspends a license or privilege
17under this section, the court shall immediately take possession of the applicable
18license and forward it to the department that issued the license, together with the
19notice of suspension clearly stating that the suspension is for failure to pay a
20forfeiture imposed by the court. If the forfeiture is paid during the period of
21suspension, the court shall immediately notify the department, which shall
22thereupon return the license to the person.
AB817, s. 416 23Section 416. 938.17 (2) (e) of the statutes, as created by 1995 Wisconsin Act
2477
, is repealed and recreated to read:
AB817,134,4
1938.17 (2) (e) If a municipal court finds that a juvenile violated a municipal
2ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573
3(2), 961.574 (2) or 961.575 (2), the court shall enter a dispositional order under s.
4938.344 that is authorized under par. (cm).
AB817, s. 417 5Section 417. 938.18 (1) (a) 1. of the statutes, as created by 1995 Wisconsin Act
677
, is repealed and recreated to read:
AB817,134,97 938.18 (1) (a) 1. If the juvenile is alleged to have violated s. 940.03, 940.06,
8940.225 (1) or (2), 940.305, 940.31, 943.10 (2), 943.32 (2) or 961.41 (1) on or after the
9juvenile's 14th birthday.
AB817, s. 418 10Section 418. 938.18 (1) (a) 2. of the statutes, as created by 1995 Wisconsin Act
1177
, is repealed and recreated to read:
AB817,134,1512 938.18 (1) (a) 2. If the juvenile is alleged to have committed, on or after the
13juvenile's 14th birthday, a violation, at the request of or for the benefit of a criminal
14gang, as defined in s. 939.22 (9), that would constitute a felony under chs. 939 to 948
15or 961 if committed by an adult.
AB817, s. 419 16Section 419. 938.24 (2m) (a) 1. of the statutes, as created by 1995 Wisconsin
17Act 77
, is repealed and recreated to read:
AB817,134,1918 938.24 (2m) (a) 1. Any juvenile alleged to have committed a violation specified
19under ch. 961.
AB817, s. 420 20Section 420. 938.24 (2m) (a) 3. of the statutes, as created by 1995 Wisconsin
21Act 77
, is repealed and recreated to read:
AB817,134,2522 938.24 (2m) (a) 3. Any juvenile alleged to have committed any offense which
23appears to the intake worker to be directly motivated by the juvenile's need to
24purchase or otherwise obtain alcohol beverages, controlled substances or controlled
25substance analogs.
AB817, s. 421
1Section 421. 938.245 (2) (a) 3. of the statutes, as created by 1995 Wisconsin
2Act 77
, is repealed and recreated to read:
AB817,135,103 938.245 (2) (a) 3. That the juvenile submit to an alcohol and other drug abuse
4assessment that conforms to the criteria specified under s. 938.547 (4) and that is
5conducted by an approved treatment facility for an examination of the juvenile's use
6of alcohol beverages, controlled substances or controlled substance analogs and any
7medical, personal, family or social effects caused by its use, if the multidisciplinary
8screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs
9and problems related to the use of alcohol beverages, controlled substances or
10controlled substance analogs and its medical, personal, family or social effects.
AB817, s. 422 11Section 422. 938.295 (1c) (b) of the statutes, as created by 1995 Wisconsin Act
1277
, is repealed and recreated to read:
AB817,135,1413 938.295 (1c) (b) The juvenile was adjudicated delinquent on the basis of an
14offense specified in ch. 961.
AB817, s. 423 15Section 423. 938.295 (1c) (c) of the statutes, as created by 1995 Wisconsin Act
1677
, is repealed and recreated to read:
AB817,135,2017 938.295 (1c) (c) The greater weight of the evidence at the fact-finding hearing
18indicates that any offense which formed the basis for the adjudication was motivated
19by the juvenile's need to purchase or otherwise obtain alcohol beverages, controlled
20substances or controlled substance analogs.
AB817, s. 424 21Section 424. 938.295 (1g) of the statutes, as created by 1995 Wisconsin Act 77,
22is repealed and recreated to read:
AB817,136,923 938.295 (1g) If the court orders an alcohol or other drug abuse assessment
24under sub. (1), the approved treatment facility shall, within 14 days after the court
25order, report the results of the assessment to the court, except that, upon request by

1the approved treatment facility and if the juvenile is not held in secure or nonsecure
2custody, the court may extend the period for assessment for not more than 20
3additional working days. The report shall include a recommendation as to whether
4the juvenile is in need of treatment, intervention or education relating to the use or
5abuse of alcohol beverages, controlled substances or controlled substance analogs
6and, if so, shall recommend a service plan and appropriate treatment from an
7approved treatment facility, intervention from a court-approved pupil assistance
8program or education from a court-approved alcohol or other drug abuse education
9program.
AB817, s. 425 10Section 425. 938.32 (1g) (intro.) of the statutes, as created by 1995 Wisconsin
11Act 77
, is repealed and recreated to read:
AB817,136,1712 938.32 (1g) (intro.) If the petition alleges that the juvenile committed a
13violation specified under ch. 961 and if the multidisciplinary screen conducted under
14s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related
15to the use of alcohol beverages, controlled substances or controlled substance analogs
16and its medical, personal, family and social effects, the judge or juvenile court
17commissioner may establish as a condition under sub. (1) any of the following:
AB817, s. 426 18Section 426. 938.34 (6r) (a) of the statutes, as created by 1995 Wisconsin Act
1977
, is repealed and recreated to read:
AB817,137,520 938.34 (6r) (a) If the report prepared under s. 938.33 (1) recommends that the
21juvenile is in need of treatment for the use or abuse of alcohol beverages, controlled
22substances or controlled substance analogs and its medical, personal, family or social
23effects, the court may order the juvenile to enter an outpatient alcohol and other drug
24abuse treatment program at an approved treatment facility. The approved
25treatment facility shall, under the terms of a service agreement between the county

1and the approved treatment facility, or with the written informed consent of the
2juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report
3to the agency primarily responsible for providing services to the juvenile as to
4whether the juvenile is cooperating with the treatment and whether the treatment
5appears to be effective.
AB817, s. 427 6Section 427. 938.34 (6r) (b) of the statutes, as created by 1995 Wisconsin Act
777
, is repealed and recreated to read:
AB817,137,168 938.34 (6r) (b) If the report prepared under s. 938.33 (1) recommends that the
9juvenile is in need of education relating to the use of alcohol beverages, controlled
10substances or controlled substance analogs, the court may order the juvenile to
11participate in an alcohol or other drug abuse education program approved by the
12court. The person or agency that provides the education program shall, under the
13terms of a service agreement between the county and the education program, or with
14the written informed consent of the juvenile or the juvenile's parent if the juvenile
15has not attained the age of 12, report to the agency primarily responsible for
16providing services to the juvenile about the juvenile's attendance at the program.
AB817, s. 428 17Section 428. 938.34 (6s) of the statutes, as created by 1995 Wisconsin Act 77,
18is repealed and recreated to read:
AB817,137,2219 938.34 (6s) If the report under s. 938.33 (1) indicate that the juvenile is in need
20of treatment for the use or abuse of controlled substances or controlled substance
21analogs, order the juvenile to submit to drug testing under a drug testing program
22that the department shall promulgate by rule.
AB817, s. 429 23Section 429. 938.34 (14r) (title) of the statutes, as created by 1995 Wisconsin
24Act 77
, is repealed and recreated to read:
AB817,138,2
1938.34 (14r) (title) Violations relating to controlled substances or
2controlled substance analogs.
AB817, s. 430 3Section 430. 938.34 (14r) (a) of the statutes, as created by 1995 Wisconsin Act
477
, is repealed and recreated to read:
AB817,138,115 938.34 (14r) (a) In addition to any other dispositions imposed under this
6section, if the juvenile is found to have violated ch. 961, the court shall suspend or
7revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than
86 months nor more than 5 years. The court shall immediately take possession of any
9suspended or revoked license and forward it to the department of transportation
10together with the notice of suspension or revocation clearly stating that the
11suspension or revocation is for a violation of ch. 961.
AB817, s. 431 12Section 431. 938.34 (14r) (b) of the statutes, as created by 1995 Wisconsin Act
1377
, is repealed and recreated to read:
AB817,138,1614 938.34 (14r) (b) This subsection does not apply to violations under s. 961.573
15(2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of
16those statutes.
AB817, s. 432 17Section 432. 938.34 (14s) (title) of the statutes, as created by 1995 Wisconsin
18Act 77
, is repealed and recreated to read:
AB817,138,2019 938.34 (14s) (title) Possession of controlled substances or controlled
20substance analogs.
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