SB357: Bill Text

SB357,257,2 961.41 (1q) Penalty relating to tetrahydrocannabinols in certain cases. Under s. 961.49 (2), 1997 stats., and subs. (1) (h) and (1m) (h) and s. 961.49 (2), if different penalty provisions apply to a person depending on whether the weight of tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is considered, the greater penalty provision applies.

SB357, s. 869 Section 869. 961.41 (1r) of the statutes is amended to read:

SB357,257,13 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1997 stats., and subs. (1) and (1m) and s. 961.49 (2) (b), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

SB357, s. 870 Section 870. 961.41 (2) (intro.) of the statutes is amended to read:

SB357,257,18 961.41 (2) Counterfeit substances. (intro.) Except as authorized by this chapter, it is unlawful for any person to create, manufacture, distribute, deliver or possess with intent to distribute or deliver, a counterfeit substance. Any person who violates this subsection with respect to is subject to the following penalties:

SB357, s. 871 Section 871. 961.41 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,257,25 961.41 (2) (a) Counterfeit schedule I and II narcotic drugs. A If a person violates this subsection with respect to 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 22 years and 6 months or both the person is guilty of a Class E felony.

SB357, s. 872 Section 872. 961.41 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,258,6 961.41 (2) (b) Counterfeit schedule I, II, III and IV drugs. Any If a person violates this subsection with respect to any other counterfeit substance included in schedule I, II or, III or IV, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both the person is guilty of a Class H felony.

SB357, s. 873 Section 873. 961.41 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 874 Section 874. 961.41 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,258,14 961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this subsection with respect to a counterfeit substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than 2 years or both the person is guilty of a Class I felony.

SB357, s. 875 Section 875. 961.41 (3g) (a) 1. of the statutes, as affected by 1999 Wisconsin Act 283, is renumbered 961.41 (3g) (am) and amended to read:

SB357,258,23 961.41 (3g) (am) Schedule I and II narcotic drugs. Except as provided in subd. 2., if the If a 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 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 3 years or both is guilty of a Class I felony.

SB357, s. 876 Section 876. 961.41 (3g) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB357, s. 877 Section 877. 961.41 (3g) (a) 3. of the statutes is repealed.

SB357, s. 878 Section 878. 961.41 (3g) (b) (title) of the statutes is created to read:

SB357,259,3 961.41 (3g) (b) (title) Other drugs generally.

SB357, s. 879 Section 879. 961.41 (3g) (c) of the statutes is amended to read:

SB357,259,14 961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB357, s. 880 Section 880. 961.41 (3g) (d) of the statutes is amended to read:

SB357,260,3 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB357, s. 881 Section 881. 961.41 (3g) (e) of the statutes is amended to read:

SB357,260,14 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB357, s. 882 Section 882. 961.41 (3g) (f) of the statutes, as affected by 1999 Wisconsin Act 21, is amended to read:

SB357,260,21 961.41 (3g) (f) Gamma-hydroxybutyric acid, gamma-hydroxybutyrolactone, ketamine and flunitrazepam. If a person possesses or attempts to possess gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam, the person may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class H felony.

SB357, s. 883 Section 883. 961.41 (4) (am) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,261,3 961.41 (4) (am) 3. A person convicted of violating who violates this paragraph may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

SB357, s. 884 Section 884. 961.42 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,261,7 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.

SB357, s. 885 Section 885. 961.43 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,261,11 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.

SB357, s. 886 Section 886. 961.438 of the statutes is repealed.

SB357, s. 887 Section 887. 961.455 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,261,18 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is under the age of 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 15 years or both is guilty of a Class F felony.

SB357, s. 888 Section 888. 961.455 (3) of the statutes is amended to read:

SB357,261,22 961.455 (3) Solicitation under sub. (1) occurs in the manner described under s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s. 939.30 or 948.35.

SB357, s. 889 Section 889. 961.46 (1) of the statutes is renumbered 961.46 and amended to read:

SB357,262,9 961.46 Distribution to persons under age 18. Except as provided in sub. (3), any If a person 17 years of age or over who violates s. 961.41 (1) by distributing or delivering 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 to a person 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 961.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

SB357, s. 890 Section 890. 961.46 (2) of the statutes is repealed.

SB357, s. 891 Section 891. 961.46 (3) of the statutes is repealed.

SB357, s. 892 Section 892. 961.465 of the statutes is repealed.

SB357, s. 893 Section 893. 961.472 (2) of the statutes is amended to read:

SB357,262,24 961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (a) 2. (am), (c) or (d), the court shall order the person to comply with an assessment of the person's use of controlled substances. The court's order shall designate a facility that is operated by or pursuant to a contract with the county department established under s. 51.42 and that is certified by the department of health and family services to provide assessment services to perform the assessment and, if appropriate, to develop a proposed treatment plan. The court shall notify the person that noncompliance with the order limits the court's ability to determine whether the treatment option under s. 961.475 is appropriate. The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).

SB357, s. 894 Section 894. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and amended to read:

SB357,263,9 961.48 (1) (intro.) Except as provided in subs. (2) and (4), any If a person who is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or subsequent offense as provided under this chapter sub. (3) and the person is convicted of that 2nd or subsequent offense may be fined an amount up to twice that otherwise authorized or imprisoned for a term up to twice the term otherwise authorized or both., the maximum term of imprisonment for the offense may be increased as follows:

SB357, s. 895 Section 895. 961.48 (1) (a) and (b) of the statutes are created to read:

SB357,263,11 961.48 (1) (a) By not more than 6 years, if the offense is a Class C or D felony.

SB357,263,12 (b) By not more than 4 years, if the offense is a Class E, F, G, H or I felony.

SB357, s. 896 Section 896. 961.48 (2) of the statutes is repealed.

SB357, s. 897 Section 897. 961.48 (2m) (a) of the statutes is amended to read:

SB357,263,22 961.48 (2m) (a) Whenever a person charged with an a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.

SB357, s. 898 Section 898. 961.48 (3) of the statutes is amended to read:

SB357,264,4 961.48 (3) For purposes of this section, an a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB357, s. 899 Section 899. 961.48 (4) of the statutes is repealed.

SB357, s. 900 Section 900. 961.49 (1) of the statutes is renumbered 961.49.

SB357, s. 901 Section 901. 961.49 (2) of the statutes is repealed.

SB357, s. 902 Section 902. 961.49 (3) of the statutes is repealed.

SB357, s. 903 Section 903. 961.492 of the statutes is repealed.

SB357, s. 904 Section 904. 968.255 (1) (a) 2. of the statutes is amended to read:

SB357,264,12 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, 948.605 (2) (a) or 948.61.

SB357, s. 905 Section 905. 968.31 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,264,18 968.31 (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 7 years and 6 months or both is guilty of a Class H felony:

SB357, s. 906 Section 906. 968.34 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,264,22 968.34 (3) Whoever knowingly violates sub. (1) shall may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

SB357, s. 907 Section 907. 968.43 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,265,3 968.43 (3) Any person who violates an oath or affirmation required by sub. (2) may be imprisoned for not more than 7 years and 6 months is guilty of a Class H felony.

SB357, s. 908 Section 908. 969.08 (10) (a) of the statutes is amended to read:

SB357,265,7 969.08 (10) (a) "Commission of a serious crime" includes a solicitation, conspiracy or attempt, under s. 939.30, 939.31, or 939.32 or 948.35, to commit a serious crime.

SB357, s. 909 Section 909. 969.08 (10) (b) of the statutes is amended to read:

SB357,265,15 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

SB357, s. 910 Section 910. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

SB357,266,3 971.17 (1) (a) Felonies committed before the effective date of this paragraph .... [revisor inserts date]. When Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed before the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes felony or felonies, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and other any applicable penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155.

SB357,266,7 (c) Felonies punishable by life imprisonment. If the maximum term of imprisonment is a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB357, s. 911 Section 911. 971.17 (1) (b) of the statutes is created to read:

SB357,266,17 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph .... [revisor inserts date]. Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed on or after the effective date of this paragraph .... [revisor inserts date], the court shall commit the person to the department of health and family services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same felony or felonies under ss. 973.01 (2) (b) and 973.15 (2) (a), plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

SB357, s. 912 Section 912. 971.17 (1) (d) of the statutes is created to read:

SB357,266,25 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason of mental disease or mental defect of a misdemeanor, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same misdemeanor or misdemeanors, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

SB357, s. 913 Section 913. 971.365 (1) (c) of the statutes is amended to read:

SB357,267,4 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2. (am), (c), (d) or (e) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB357, s. 914 Section 914. 971.365 (2) of the statutes is amended to read:

SB357,267,9 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h) or (3g) (a) 2. (am), (c), (d) or (e) on which no evidence was received at the trial on the original charge.

SB357, s. 915 Section 915. 973.01 (1) of the statutes is amended to read:

SB357,267,17 973.01 (1) Bifurcated sentence required. Except as provided in sub. (3), whenever a court sentences a person to imprisonment in the Wisconsin state prisons for a felony committed on or after December 31, 1999, but before the effective date of this subsection .... [revisor inserts date], or for a crime committed on or after the effective date of this subsection .... [revisor inserts date], the court shall impose a bifurcated sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113 this section.

SB357, s. 916 Section 916. 973.01 (2) (intro.) of the statutes is amended to read:

SB357,267,24 973.01 (2) Structure of bifurcated sentences. (intro.) The court shall ensure that a A bifurcated sentence is a sentence that consists of a term of confinement in prison followed by a term of extended supervision under s. 302.113. The total length of a bifurcated sentence equals the length of the term of confinement in prison plus the length of the term of extended supervision. A bifurcated sentence imposed under sub. (1) complies this section shall comply with all of the following:

SB357, s. 917 Section 917. 973.01 (2) (a) of the statutes is amended to read:

SB357,268,6 973.01 (2) (a) Total length of bifurcated sentence. Except as provided in par. (c), the total length of the bifurcated sentence may not exceed the maximum period of imprisonment for the specified in s. 939.50 (3), if the crime is a classified felony, or the maximum term of imprisonment provided by statute for the crime, if the crime is not a classified felony, plus additional imprisonment authorized by any applicable penalty enhancement statutes.

SB357, s. 918 Section 918. 973.01 (2) (b) (intro.) of the statutes is amended to read: