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.
AB817, s. 433 21Section 433. 938.34 (14s) (a) (intro.) of the statutes, as created by 1995
22Wisconsin Act 77
, is repealed and recreated to read:
AB817,138,2523 938.34 (14s) (a) (intro.) In addition to any other dispositions imposed under
24this section, if the juvenile is found to have violated s. 961.41 (3g), the court shall
25order one of the following penalties:
AB817, s. 434
1Section 434. 938.34 (14s) (am) (intro.) of the statutes, as created by 1995
2Wisconsin Act 77
, is repealed and recreated to read:
AB817,139,53 938.34 (14s) (am) (intro.) In addition to any other dispositions imposed under
4this section, if the juvenile is found to have violated s. 961.41 (1) or (1m), the court
5shall order one of the following penalties:
AB817, s. 435 6Section 435. 938.34 (14t) of the statutes, as created by 1995 Wisconsin Act 77,
7is repealed and recreated to read:
AB817,139,218 938.34 (14t) Possession of a controlled substance or controlled substance
9analog on or near certain premises. I
f the juvenile is adjudicated delinquent under
10a violation of s. 961.41 (3g) by possessing or attempting to possess a controlled
11substance included in schedule I or II under ch. 961 or a controlled substance analog
12of a controlled substance included in schedule I or II under ch. 961 while in or on the
13premises of a scattered-site public housing project, as defined in s. 961.01 (20i), while
14in or on or otherwise within 1,000 feet of a state, county, city, village or town park,
15a jail or correctional facility, as defined in s. 961.01 (12m), a multiunit public housing
16project, as defined in s. 961.01 (14m), a swimming pool open to members of the public,
17a youth center, as defined in s. 961.01 (22), or a community center, while in or on or
18otherwise within 1,000 feet of any private or public school premises or while in or on
19or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
20shall require that the juvenile participate for 100 hours in a supervised work
21program or other community service work under sub. (5g).
AB817, s. 436 22Section 436. 938.343 (10) (intro.) of the statutes, as created by 1995 Wisconsin
23Act 77
, is repealed and recreated to read:
AB817,140,3
1938.343 (10) (intro.) If the violation is related to the use or abuse of alcohol
2beverages, controlled substances or controlled substance analogs, order the juvenile
3to do any of the following:
AB817, s. 437 4Section 437. 938.344 (2e) (a) (intro.) of the statutes, as created by 1995
5Wisconsin Act 77
, is repealed and recreated to read:
AB817,140,106 938.344 (2e) (a) (intro.) If a court finds a juvenile committed a violation under
7s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms
8to one of those statutes, the court shall suspend or revoke the juvenile's operating
9privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years
10and, in addition, shall order one of the following penalties:
AB817, s. 438 11Section 438. 938.344 (2e) (b) of the statutes, as created by 1995 Wisconsin Act
1277
, is repealed and recreated to read:
AB817,140,1813 938.344 (2e) (b) Whenever a court suspends or revokes a juvenile's operating
14privilege under this subsection, the court shall immediately take possession of any
15suspended or revoked license and forward it to the department of transportation,
16together with the notice of suspension or revocation clearly stating that the
17suspension or revocation is for a violation under s. 961.573 (2), 961.574 (2) or 961.575
18(2), or a local ordinance that strictly conforms to one of those statutes.
AB817, s. 439 19Section 439. 938.344 (3) of the statutes, as created by 1995 Wisconsin Act 77,
20is repealed and recreated to read:
AB817,141,321 938.344 (3) If the juvenile alleged to have committed the violation is within 3
22months of his or her 17th birthday, the court assigned to exercise jurisdiction under
23this chapter and ch. 48 may, at the request of the district attorney or on its own
24motion, dismiss the citation without prejudice and refer the matter to the district
25attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only

1on the issue of his or her age. This subsection does not apply to violations under s.
2961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to
3one of those statutes.
AB817, s. 440 4Section 440. 938.396 (1m) (a) of the statutes, as created by 1995 Wisconsin Act
577
, is repealed and recreated to read:
AB817,141,116 938.396 (1m) (a) If requested by the school district administrator of a public
7school district, a law enforcement agency may provide to the school district
8administrator any information in its records relating to the use, possession or
9distribution of alcohol or a controlled substance or controlled substance analog by a
10pupil enrolled in the public school district. The information shall be used by the
11school district as provided under s. 118.127 (2).
AB817, s. 441 12Section 441. 938.396 (2) (c) of the statutes, as created by 1995 Wisconsin Act
1377
, is repealed and recreated to read:
AB817,141,2014 938.396 (2) (c) Upon request of a law enforcement agency to review court
15records for the purpose of investigating a crime that might constitute criminal gang
16activity, as defined in s. 941.38 (1) (b), the court shall open for inspection by
17authorized representatives of the law enforcement agency the records of the court
18relating to any juvenile who has been found to have committed a delinquent act at
19the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that
20would have been a felony under chs. 939 to 948 or 961 if committed by an adult.
AB817, s. 442 21Section 442. 938.396 (7) (b) of the statutes, as created by 1995 Wisconsin Act
2277
, is repealed and recreated to read:
AB817,142,623 938.396 (7) (b) If a juvenile is found to have committed a delinquent act at the
24request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would
25have been a felony under chs. 939 to 948 or 961 if committed by an adult and is

1adjudged delinquent on that basis, within 5 days after the date on which the
2dispositional order is entered the court clerk shall notify the school board of the
3school district in which the juvenile is enrolled or the school board's designee of the
4fact that the juvenile has been adjudicated delinquent on that basis, the nature of
5the violation committed by the juvenile and the disposition imposed on the juvenile
6under s. 938.34 as a result of that violation.
AB817, s. 443 7Section 443. 938.547 (1) of the statutes, as created by 1995 Wisconsin Act 77,
8is repealed and recreated to read:
AB817,142,219 938.547 (1) Legislative findings and purpose. The legislature finds that the
10use and abuse of alcohol and other drugs by juveniles is a state responsibility of
11statewide dimension. The legislature recognizes that there is a lack of adequate
12procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To
13reduce the incidence of alcohol and other drug abuse by juveniles, the legislature
14deems it necessary to experiment with solutions to the problems of the use and abuse
15of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other
16drug abuse pilot program in a limited number of counties. The purpose of the
17program is to develop intake and court procedures that screen, assess and give new
18dispositional alternatives for juveniles with needs and problems related to the use
19of alcohol beverages, controlled substances or controlled substance analogs who
20come within the jurisdiction of a court assigned to exercise jurisdiction under this
21chapter and ch. 48 in the pilot counties selected by the department.
AB817, s. 444 22Section 444. 939.22 (21) (a) of the statutes is amended to read:
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