AB817: Bill Text

AB817,145,16 941.296 (2) (intro.)  Whoever uses or possesses a handgun during the commission of a crime under chs. 161 or 939 to 948 or 961 is guilty of a Class E felony under any of the following circumstances.

AB817, s. 454 Section 454. 941.38 (1) (b) 1. of the statutes is amended to read:

AB817,145,19 941.38 (1) (b) 1. Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 161.41 961.41 (1).

AB817, s. 455 Section 455. 946.82 (4) of the statutes, as affected by 1995 Wisconsin Act 133, is amended to read:

AB817,146,9 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 161 and 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.17, 221.31, 221.39, 221.40, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04, 945.05, 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

AB817, s. 456 Section 456. 948.015 (6) of the statutes is amended to read:

AB817,146,13 948.015 (6) Sections 161.01 961.01 (6) and (9) and 161.49 961.49, relating to delivery and distributing controlled substances or controlled substance analogs to children.

AB817, s. 457 Section 457. 948.07 (6) of the statutes is amended to read:

AB817,146,16 948.07 (6) Giving or selling to the child a controlled substance or controlled substance analog in violation of ch. 161 961.

AB817, s. 458 Section 458. 948.35 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB817,146,24 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455 961.455, any person who has attained the age of 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

AB817, s. 459 Section 459. 949.08 (2) (e) of the statutes is amended to read:

AB817,147,7 949.08 (2) (e) Is an adult passenger in the offender's vehicle and the crime involved is specified in s. 346.63 (2) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or both any combination of an intoxicant, controlled substance and controlled substance analog, or had a prohibited alcohol concentration, as defined in s. 340.01 (46m). This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

AB817, s. 460 Section 460. 949.08 (2) (em) of the statutes is amended to read:

AB817,147,15 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or both any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

AB817, s. 461 Section 461. 951.06 of the statutes is amended to read:

AB817,148,2 951.06 Use of poisonous and controlled substances. No person may expose any domestic animal owned by another to any known poisonous substance or, any controlled substance listed in s. 161.14 included in schedule I, II, III, IV or V of ch. 961, or any controlled substance analog of a controlled substance included in schedule I or II of ch. 961, whether mixed with meat or other food or not, so that the substance is liable to be eaten by the animal and for the purpose of harming the animal. This section shall not apply to poison used on one's own premises and designed for the purpose of rodent or pest extermination nor to the use of a controlled substance in bona fide experiments carried on for scientific research or in accepted veterinary practices.

AB817, s. 462 Section 462. 961.001 (1g) of the statutes is created to read:

AB817,148,6 961.001 (1g) Many of the controlled substances included in this chapter have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of this state.

AB817, s. 463 Section 463. 961.001 (1m) of the statutes is created to read:

AB817,148,10 961.001 (1m) The manufacture, distribution, delivery, possession and use of controlled substances for other than legitimate purposes have a substantial and detrimental effect on the health and general welfare of the people of this state.

AB817, s. 464 Section 464. 961.01 (4m) of the statutes is created to read:

AB817,148,14 961.01 (4m) (a) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and:

AB817,148,18 1. Which has a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or

AB817,148,23 2. With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.

AB817,148,24 (b) "Controlled substance analog" does not include:

AB817,148,25 1. A controlled substance;

AB817,149,1 2. A substance for which there is an approved new drug application;

AB817,149,4 3. A substance with respect to which an exemption is in effect for investigational use by a particular person under 21 USC 355 to the extent that conduct with respect to the substance is permitted by the exemption; or

AB817,149,6 4. Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

AB817, s. 465 Section 465. 961.01 (11m) of the statutes is created to read:

AB817,149,9 961.01 (11m) "Drug enforcement administration" means the drug enforcement administration of the U.S. department of justice or its successor agency.

AB817, s. 466 Section 466. 961.01 (12g) of the statutes is created to read:

AB817,149,15 961.01 (12g) "Isomer" means an optical isomer, but in ss. 961.14 (2) (er) and (qs) and 961.16 (2) (b) 1. "isomer" includes any geometric isomer; in ss. 961.14 (2) (cg), (tg) and (xm) and 961.20 (4) (am) "isomer" includes any positional isomer; and in ss. 961.14 (2) (rj) and (4) and 961.18 (2m) "isomer" includes any positional or geometric isomer.

AB817, s. 467 Section 467. 961.01 (15) (bm) of the statutes is created to read:

AB817,149,20 961.01 (15) (bm) Synthetic opiate, and any derivative of synthetic opiate, including any of their isomers, esters, ethers, esters and ethers of isomers, salts and salts of isomers, esters, ethers and esters and ethers of isomers that are theoretically possible within the specific chemical designation.

AB817, s. 468 Section 468. 961.01 (15) (d) of the statutes is created to read:

AB817,149,23 961.01 (15) (d) Any compound, mixture or preparation containing any quantity of any substance included in pars. (a) to (c).

AB817, s. 469 Section 469. 961.11 (1r) of the statutes is created to read:

AB817,150,3 961.11 (1r) The controlled substances board may consider findings of the federal food and drug administration or the drug enforcement administration as prima facie evidence relating to one or more of the determinative factors.

AB817, s. 470 Section 470. 961.11 (4m) of the statutes is created to read:

AB817,150,24 961.11 (4m) The controlled substances board, by rule and without regard to the requirements of sub. (1m), may schedule a controlled substance analog as a substance in schedule I regardless of whether the substance is substantially similar to a controlled substance in schedule I or II, if the board finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under 21 USC 355. Upon receipt of notice under s. 961.25, the board shall initiate scheduling of the controlled substance analog on an emergency basis under this subsection. The scheduling of a controlled substance analog under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors under sub. (1m) (d), (e) and (f), and may also consider clandestine importation, manufacture or distribution, and, if available, information concerning the other factors under sub. (1m). The board may not promulgate a rule under this subsection until it initiates a rule-making proceeding under subs. (1), (1m), (1r) and (2) with respect to the controlled substance analog. A rule promulgated under this subsection lapses upon the conclusion of the rule-making proceeding initiated under subs. (1), (1m), (1r) and (2) with respect to the substance.

AB817, s. 471 Section 471. 961.13 (2m) of the statutes is created to read:

AB817,151,4 961.13 (2m) The controlled substances board may add a substance to schedule I without making the findings required under sub. (1m) if the substance is controlled under schedule I of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 472 Section 472. 961.15 (2m) of the statutes is created to read:

AB817,151,9 961.15 (2m) The controlled substances board may add a substance to schedule II without making the findings required under sub. (1m) if the substance is controlled under schedule II of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 473 Section 473. 961.16 (3) (cm) of the statutes is created to read:

AB817,151,11 961.16 (3) (cm) Carfentanal;

AB817, s. 474 Section 474. 961.17 (2m) of the statutes is created to read:

AB817,151,16 961.17 (2m) The controlled substances board may add a substance to schedule III without making the findings required under sub. (1m) if the substance is controlled under schedule III of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 475 Section 475. 961.18 (3) (m) 1., 2. and 3. of the statutes are created to read:

AB817,151,18 961.18 (3) (m) 1. Amobarbital.

AB817,151,19 2. Secobarbital.

AB817,151,20 3. Pentobarbital.

AB817, s. 476 Section 476. 961.18 (3) (n) 1., 2. and 3. of the statutes are created to read:

AB817,151,22 961.18 (3) (n) 1. Amobarbital.

AB817,151,23 2. Secobarbital.

AB817,151,24 3. Pentobarbital.

AB817, s. 477 Section 477. 961.19 (2m) of the statutes is created to read:

AB817,152,4 961.19 (2m) The controlled substances board may add a substance to schedule IV without making the findings required under sub. (1m) if the substance is controlled under schedule IV of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 478 Section 478. 961.20 (2m) (ad) of the statutes is created to read:

AB817,152,6 961.20 (2m) (ad) Cathine.

AB817, s. 479 Section 479. 961.20 (2m) (br) of the statutes is created to read:

AB817,152,8 961.20 (2m) (br) Mefenorex.

AB817, s. 480 Section 480. 961.21 (2m) of the statutes is created to read:

AB817,152,13 961.21 (2m) The controlled substances board may add a substance to schedule V without making the findings required by sub. (1m) if the substance is controlled under schedule V of 21 USC 811 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 481 Section 481. 961.22 (3) of the statutes is created to read:

AB817,152,18 961.22 (3) Stimulants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

AB817,152,19 (a) Pyrovalerone.

AB817, s. 482 Section 482. 961.25 of the statutes is created to read:

AB817,153,5 961.25 Controlled substance analog treated as a schedule I substance. A controlled substance analog, to the extent it is intended for human consumption, shall be treated, for the purposes of this chapter, as a substance included in schedule I, unless a different treatment is specifically provided. No later than 60 days after the commencement of a prosecution concerning a controlled substance analog, the district attorney shall provide the controlled substances board with information relevant to emergency scheduling under s. 961.11 (4m). After a final determination by the controlled substances board that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.

AB817, s. 483 Section 483. 961.38 (1g) of the statutes is created to read:

AB817,153,8 961.38 (1g) In this section, "medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain.

AB817, s. 484 Section 484. 961.38 (4g) of the statutes is created to read:

AB817,153,12 961.38 (4g) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.

AB817, s. 485 Section 485. 961.38 (4r) of the statutes is created to read:

AB817,153,17 961.38 (4r) A pharmacist is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

AB817, s. 486 Section 486. 961.395 of the statutes is created to read:

AB817,153,21 961.395 Limitation on advanced practice nurses. (1) An advanced practice nurse who is certified under s. 441.16 may prescribe controlled substances only as permitted by the rules promulgated under s. 441.16 (3).

AB817,153,23 (2) An advanced practice nurse certified under s. 441.16 shall include with each prescription order all of the following:

AB817,153,24 (a) A statement that he or she is certified under s. 441.16.

AB817,154,2 (b) The indicated use of the controlled substance that he or she is prescribing in the prescription order.

AB817,154,5 (3) An advanced practice nurse certified under s. 441.16 may dispense a controlled substance only by prescribing or administering the controlled substance or as otherwise permitted by the rules promulgated under s. 441.16 (3).

AB817, s. 487 Section 487. 961.41 (1n) of the statutes is created to read:

AB817,154,10 961.41 (1n) Piperidine possession. (a) No person may possess any quantity of piperidine or its salts with the intent to use the piperidine or its salts to manufacture a controlled substance or controlled substance analog in violation of this chapter.

AB817,154,14 (b) No person may possess any quantity of piperidine or its salts if he or she knows or has reason to know that the piperidine or its salts will be used to manufacture a controlled substance or controlled substance analog in violation of this chapter.

AB817,154,16 (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 10 years or both.

AB817, s. 488 Section 488. 961.41 (1x) (title) of the statutes is created to read:

AB817,154,18 961.41 (1x) (title) Conspiracy.