Amendment SSA1-SB345

SB345-SSA1,109,2 961.41 (1m) (a) Except as provided in par. (d), a controlled substance included in schedule I or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.

SB345-SSA1, s. 361 Section 361. 961.41 (1m) (b) of the statutes is amended to read:

SB345-SSA1,109,7 961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB345-SSA1, s. 362 Section 362. 961.41 (1m) (cm) 1. of the statutes is amended to read:

SB345-SSA1,109,10 961.41 (1m) (cm) 1. Five grams or less, the person shall be fined not more than $500,000 and may be imprisoned for not more than 10 15 years.

SB345-SSA1, s. 363 Section 363. 961.41 (1m) (cm) 2. of the statutes is amended to read:

SB345-SSA1,109,14 961.41 (1m) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

SB345-SSA1, s. 364 Section 364. 961.41 (1m) (cm) 3. of the statutes is amended to read:

SB345-SSA1,109,18 961.41 (1m) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 20 30 years.

SB345-SSA1, s. 365 Section 365. 961.41 (1m) (cm) 4. of the statutes is amended to read:

SB345-SSA1,109,22 961.41 (1m) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 45 years.

SB345-SSA1, s. 366 Section 366. 961.41 (1m) (cm) 5. of the statutes is amended to read:

SB345-SSA1,110,3 961.41 (1m) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

SB345-SSA1, s. 367 Section 367. 961.41 (1m) (d) 1. of the statutes is amended to read:

SB345-SSA1,110,7 961.41 (1m) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 15 22 years and 6 months.

SB345-SSA1, s. 368 Section 368. 961.41 (1m) (d) 2. of the statutes is amended to read:

SB345-SSA1,110,11 961.41 (1m) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 15 22 years and 6 months.

SB345-SSA1, s. 369 Section 369. 961.41 (1m) (d) 3. of the statutes is amended to read:

SB345-SSA1,110,15 961.41 (1m) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

SB345-SSA1, s. 370 Section 370. 961.41 (1m) (d) 4. of the statutes is amended to read:

SB345-SSA1,110,19 961.41 (1m) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

SB345-SSA1, s. 371 Section 371. 961.41 (1m) (d) 5. of the statutes is amended to read:

SB345-SSA1,110,23 961.41 (1m) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

SB345-SSA1, s. 372 Section 372. 961.41 (1m) (d) 6. of the statutes is amended to read:

SB345-SSA1,111,3 961.41 (1m) (d) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

SB345-SSA1, s. 373 Section 373. 961.41 (1m) (e) 1. of the statutes is amended to read:

SB345-SSA1,111,7 961.41 (1m) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

SB345-SSA1, s. 374 Section 374. 961.41 (1m) (e) 2. of the statutes is amended to read:

SB345-SSA1,111,11 961.41 (1m) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

SB345-SSA1, s. 375 Section 375. 961.41 (1m) (e) 3. of the statutes is amended to read:

SB345-SSA1,111,15 961.41 (1m) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

SB345-SSA1, s. 376 Section 376. 961.41 (1m) (e) 4. of the statutes is amended to read:

SB345-SSA1,111,19 961.41 (1m) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

SB345-SSA1, s. 377 Section 377. 961.41 (1m) (e) 5. of the statutes is amended to read:

SB345-SSA1,111,23 961.41 (1m) (e) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

SB345-SSA1, s. 378 Section 378. 961.41 (1m) (e) 6. of the statutes is amended to read:

SB345-SSA1,112,3 961.41 (1m) (e) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

SB345-SSA1, s. 379 Section 379. 961.41 (1m) (f) 1. of the statutes is amended to read:

SB345-SSA1,112,7 961.41 (1m) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

SB345-SSA1, s. 380 Section 380. 961.41 (1m) (f) 2. of the statutes is amended to read:

SB345-SSA1,112,11 961.41 (1m) (f) 2. More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

SB345-SSA1, s. 381 Section 381. 961.41 (1m) (f) 3. of the statutes is amended to read:

SB345-SSA1,112,15 961.41 (1m) (f) 3. More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

SB345-SSA1, s. 382 Section 382. 961.41 (1m) (g) 1. of the statutes is amended to read:

SB345-SSA1,112,19 961.41 (1m) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

SB345-SSA1, s. 383 Section 383. 961.41 (1m) (g) 2. of the statutes is amended to read:

SB345-SSA1,112,23 961.41 (1m) (g) 2. More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

SB345-SSA1, s. 384 Section 384. 961.41 (1m) (g) 3. of the statutes is amended to read:

SB345-SSA1,113,3 961.41 (1m) (g) 3. More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

SB345-SSA1, s. 385 Section 385. 961.41 (1m) (h) 1. of the statutes is amended to read:

SB345-SSA1,113,7 961.41 (1m) (h) 1. Five hundred grams or less, or 10 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 4 years and 6 months.

SB345-SSA1, s. 386 Section 386. 961.41 (1m) (h) 2. of the statutes is amended to read:

SB345-SSA1,113,13 961.41 (1m) (h) 2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5 7 years and 6 months.

SB345-SSA1, s. 387 Section 387. 961.41 (1m) (h) 3. of the statutes is amended to read:

SB345-SSA1,113,18 961.41 (1m) (h) 3. More than 2,500 grams, or more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 10 15 years.

SB345-SSA1, s. 388 Section 388. 961.41 (1m) (i) of the statutes is amended to read:

SB345-SSA1,113,21 961.41 (1m) (i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

SB345-SSA1, s. 389 Section 389. 961.41 (1m) (j) of the statutes is amended to read:

SB345-SSA1,113,24 961.41 (1m) (j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

SB345-SSA1, s. 390 Section 390. 961.41 (1n) (c) of the statutes is amended to read:

SB345-SSA1,114,2 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 10 15 years or both.

SB345-SSA1, s. 391 Section 391. 961.41 (2) (a) of the statutes is amended to read:

SB345-SSA1,114,6 961.41 (2) (a) A counterfeit substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.

SB345-SSA1, s. 392 Section 392. 961.41 (2) (b) of the statutes is amended to read:

SB345-SSA1,114,10 961.41 (2) (b) Any other counterfeit substance included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB345-SSA1, s. 393 Section 393. 961.41 (2) (c) of the statutes is amended to read:

SB345-SSA1,114,13 961.41 (2) (c) A counterfeit substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

SB345-SSA1, s. 394 Section 394. 961.41 (2) (d) of the statutes is amended to read:

SB345-SSA1,114,16 961.41 (2) (d) A counterfeit substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

SB345-SSA1, s. 395 Section 395. 961.41 (3g) (a) 1. of the statutes is amended to read:

SB345-SSA1,114,24 961.41 (3g) (a) 1. Except as provided in subd. 2., if the person possesses a controlled substance included in schedule I or II which is a narcotic drug or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than one year 2 or both, and for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 2 3 years or both.

SB345-SSA1, s. 396 Section 396. 961.41 (3g) (a) 2. of the statutes is amended to read:

SB345-SSA1,115,3 961.41 (3g) (a) 2. If the person possesses or attempts to possess heroin or a controlled substance analog of heroin, the person may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

SB345-SSA1, s. 397 Section 397. 961.41 (4) (am) 3. of the statutes is amended to read:

SB345-SSA1,115,6 961.41 (4) (am) 3. A person convicted of violating this paragraph may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

SB345-SSA1, s. 398 Section 398. 961.42 (2) of the statutes is amended to read:

SB345-SSA1,115,9 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than one year 2 years or both.

SB345-SSA1, s. 399 Section 399. 961.43 (2) of the statutes is amended to read:

SB345-SSA1,115,12 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 4 6 years or both.

SB345-SSA1, s. 400 Section 400. 961.455 (1) of the statutes is amended to read:

SB345-SSA1,115,17 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is 17 years of age or under for the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 15 years or both.

SB345-SSA1, s. 401 Section 401. 961.49 (2) (a) of the statutes is amended to read:

SB345-SSA1,116,8 961.49 (2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1) by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or distribute, a controlled substance included in schedule I or II or a controlled substance analog of a controlled substance included in schedule I or II while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall sentence the person to at least 3 years in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least 3 years, with no modification by the calculation under s. 302.11 (1).

SB345-SSA1, s. 402 Section 402. 961.49 (2) (b) of the statutes is amended to read:

SB345-SSA1,116,17 961.49 (2) (b) If the conduct described in par. (a) involves only the delivery or distribution, or the possession with intent to deliver or distribute, of not more than 25 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5 plants containing tetrahydrocannabinols, the court shall sentence the person to at least one year in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least one year, with no modification by the calculation under s. 302.11 (1).

SB345-SSA1, s. 403 Section 403. 968.31 (1) (intro.) of the statutes is amended to read:

SB345-SSA1,116,22 968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in this section may be fined not more than $10,000 or imprisoned for not more than 5 7 years and 6 months or both:

SB345-SSA1, s. 404 Section 404. 968.34 (3) of the statutes is amended to read:

SB345-SSA1,116,25 968.34 (3) Whoever knowingly violates sub. (1) shall be fined not more than $10,000 or imprisoned for not more than one year 2 years or both.