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, is repealed and recreated to read: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, is repealed and recreated to read: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22is repealed and recreated to read: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:
AB817,142,2423 939.22 (21) (a) Manufacture, distribution or delivery of a controlled substance
24or controlled substance analog, as prohibited in s. 161.41 961.41 (1).
AB817, s. 445 25Section 445. 939.22 (42) of the statutes is amended to read:
AB817,143,6
1939.22 (42) "Under the influence of an intoxicant" means that the actor's ability
2to operate a vehicle or handle a firearm or airgun is materially impaired because of
3his or her consumption of an alcohol beverage or, of a controlled substance or
4controlled substance analog
under ch. 161 or both, 961, of any combination of an
5alcohol beverage, controlled substance and controlled substance analog, or
of any
6other drug or of an alcohol beverage and any other drug.
AB817, s. 446 7Section 446. 939.30 (1) of the statutes is amended to read:
AB817,143,118 939.30 (1) Except as provided in sub. (2) and ss. 161.455 and 948.35 and
9961.455
, whoever, with intent that a felony be committed, advises another to commit
10that crime under circumstances that indicate unequivocally that he or she has the
11intent is guilty of a Class D felony.
AB817, s. 447 12Section 447. 939.31 of the statutes is amended to read:
AB817,143,19 13939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and,
14940.45 (4) and 961.41 (1x), whoever, with intent that a crime be committed, agrees
15or combines with another for the purpose of committing that crime may, if one or
16more of the parties to the conspiracy does an act to effect its object, be fined or
17imprisoned or both not to exceed the maximum provided for the completed crime;
18except that for a conspiracy to commit a crime for which the penalty is life
19imprisonment, the actor is guilty of a Class B felony.
AB817, s. 448 20Section 448. 939.62 (2m) (a) 1. of the statutes is amended to read:
AB817,143,2221 939.62 (2m) (a) 1. Any felony under s. 161.41 961.41 (1), (1m) or (1x) if the
22felony is punishable by a maximum prison term of 30 years or more.
AB817, s. 449 23Section 449. 939.625 (1) (a) of the statutes is amended to read:
AB817,144,324 939.625 (1) (a) If a person is convicted of a crime under ch. 161 or under chs.
25939 to 948 or 961 committed for the benefit of, at the direction of or in association with

1any criminal gang, with the specific intent to promote, further or assist in any
2criminal conduct by criminal gang members, the penalties for the underlying crime
3are increased as provided in par. (b).
AB817, s. 450 4Section 450. 939.63 (1) (c) of the statutes is amended to read:
AB817,144,65 939.63 (1) (c) This subsection applies only to crimes specified under chs. 161
6and 939 to 951 and 961.
AB817, s. 451 7Section 451. 940.02 (2) (a) of the statutes is amended to read:
AB817,144,138 940.02 (2) (a) By manufacture, distribution or delivery, in violation of s. 961.41,
9of a controlled substance classified included in schedule I or II under ch. 161 in
10violation of s. 161.41 which
961 or of a controlled substance analog of a controlled
11substance included in schedule I or II under ch. 961, if
another human being uses the
12controlled substance or controlled substance analog
and dies as a result of that use.
13This paragraph applies:
AB817,144,1714 1. Whether the human being dies as a result of using the controlled substance
15or controlled substance analog by itself or with any compound, mixture, diluent or
16other substance mixed or combined with the controlled substance or controlled
17substance analog
.
AB817,144,2018 2. Whether or not the controlled substance or controlled substance analog is
19mixed or combined with any compound, mixture, diluent or other substance after the
20violation of s. 161.41 961.41 occurs.
AB817,145,321 3. To any distribution or delivery described in this paragraph, regardless of
22whether the distribution or delivery is made directly to the human being who dies.
23If possession of the controlled substance classified included in schedule I or II under
24ch. 161 961 or of the controlled substance analog of the controlled substance included
25in schedule I or II under ch. 961
is transferred more than once prior to the death as

1described in this paragraph, each person who distributes or delivers the controlled
2substance or controlled substance analog in violation of s. 161.41 961.41 is guilty
3under this paragraph.
AB817, s. 452 4Section 452. 940.02 (2) (b) of the statutes is amended to read:
AB817,145,125 940.02 (2) (b) By administering or assisting in administering a controlled
6substance classified included in schedule I or II under ch. 161 961 or a controlled
7substance analog of a controlled substance included in schedule I or II of ch. 961
,
8without lawful authority to do so, to another human being and that human being dies
9as a result of the use of the substance. This paragraph applies whether the human
10being dies as a result of using the controlled substance or controlled substance analog
11by itself or with any compound, mixture, diluent or other substance mixed or
12combined with the controlled substance or controlled substance analog.
AB817, s. 453 13Section 453. 941.296 (2) (intro.) of the statutes is amended to read:
AB817,145,1614 941.296 (2) (intro.)  Whoever uses or possesses a handgun during the
15commission of a crime under chs. 161 or 939 to 948 or 961 is guilty of a Class E felony
16under any of the following circumstances.
AB817, s. 454 17Section 454. 941.38 (1) (b) 1. of the statutes is amended to read:
AB817,145,1918 941.38 (1) (b) 1. Manufacture, distribution or delivery of a controlled substance
19or controlled substance analog, as prohibited in s. 161.41 961.41 (1).
AB817, s. 455 20Section 455. 946.82 (4) of the statutes, as affected by 1995 Wisconsin Act 133,
21is amended to read:
AB817,146,922 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
23(1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission
24of any of the felonies specified in: chs. 161 and 945 and 961 and ss. 49.49, 134.05,
25139.44 (1), 180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.17, 221.31, 221.39,

1221.40, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19
2(3) to (6), 940.20, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26,
3941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.012, 943.013, 943.02, 943.03,
4943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.23 (1g), (1m), (1r), (2) and (3),
5943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38,
6943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.21 (5)
7(c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04, 945.05, 945.08, 946.10, 946.11,
8946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
9946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.
AB817, s. 456 10Section 456. 948.015 (6) of the statutes is amended to read:
AB817,146,1311 948.015 (6) Sections 161.01 961.01 (6) and (9) and 161.49 961.49, relating to
12delivery and distributing controlled substances or controlled substance analogs to
13children.
AB817, s. 457 14Section 457. 948.07 (6) of the statutes is amended to read:
AB817,146,1615 948.07 (6) Giving or selling to the child a controlled substance or controlled
16substance analog
in violation of ch. 161 961.
AB817, s. 458 17Section 458. 948.35 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
1827
, is amended to read:
AB817,146,2419 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455 961.455, any
20person who has attained the age of 17 years and who, with the intent that a felony
21be committed and under circumstances that indicate unequivocally that he or she
22has the intent, knowingly solicits, advises, hires, directs or counsels a person 17
23years of age or under to commit that felony may be fined or imprisoned or both, not
24to exceed the maximum penalty for the felony.
AB817, s. 459 25Section 459. 949.08 (2) (e) of the statutes is amended to read:
AB817,147,7
1949.08 (2) (e) Is an adult passenger in the offender's vehicle and the crime
2involved is specified in s. 346.63 (2) or 940.25 and the passenger knew the offender
3was under the influence of an intoxicant, a controlled substance, a controlled
4substance analog
or both any combination of an intoxicant, controlled substance and
5controlled substance analog,
or had a prohibited alcohol concentration, as defined in
6s. 340.01 (46m). This paragraph does not apply if the victim is also a victim of a crime
7specified in s. 940.30, 940.305, 940.31 or 948.30.
AB817, s. 460 8Section 460. 949.08 (2) (em) of the statutes is amended to read:
AB817,147,159 949.08 (2) (em) Is an adult passenger in the offender's commercial motor
10vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
11knew the offender was under the influence of an intoxicant, a controlled substance,
12a controlled substance analog
or both any combination of an intoxicant, controlled
13substance and controlled substance analog,
or had an alcohol concentration of 0.04
14or more but less than 0.1. This paragraph does not apply if the victim is also a victim
15of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.
AB817, s. 461 16Section 461. 951.06 of the statutes is amended to read:
AB817,148,2 17951.06 Use of poisonous and controlled substances. No person may
18expose any domestic animal owned by another to any known poisonous substance or,
19any
controlled substance listed in s. 161.14 included in schedule I, II, III, IV or V of
20ch. 961, or any controlled substance analog of a controlled substance included in
21schedule I or II of ch. 961
, whether mixed with meat or other food or not, so that the
22substance is liable to be eaten by the animal and for the purpose of harming the
23animal. This section shall not apply to poison used on one's own premises and
24designed for the purpose of rodent or pest extermination nor to the use of a controlled

1substance in bona fide experiments carried on for scientific research or in accepted
2veterinary practices.
AB817, s. 462 3Section 462. 961.001 (1g) of the statutes is created to read:
AB817,148,64 961.001 (1g) Many of the controlled substances included in this chapter have
5useful and legitimate medical and scientific purposes and are necessary to maintain
6the health and general welfare of the people of this state.
AB817, s. 463 7Section 463. 961.001 (1m) of the statutes is created to read:
AB817,148,108 961.001 (1m) The manufacture, distribution, delivery, possession and use of
9controlled substances for other than legitimate purposes have a substantial and
10detrimental effect on the health and general welfare of the people of this state.
AB817, s. 464 11Section 464. 961.01 (4m) of the statutes is created to read:
Loading...
Loading...