AB1-ASA1, s. 1061 19Section 1061. 961.41 (2) (cm) (title) of the statutes is created to read:
AB1-ASA1,316,2020 961.41 (2) (cm) (title) Counterfeit flunitrazepam.
AB1-ASA1, s. 1062 21Section 1062. 961.41 (2) (d) of the statutes is amended to read:
AB1-ASA1,316,2522 961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this
23subsection with respect to a
counterfeit substance included in schedule V, may be
24fined not more than $5,000 or imprisoned for not more than 2 years or both
the person
25is guilty of a Class I felony
.
AB1-ASA1, s. 1063
1Section 1063. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am)
2and amended to read:
AB1-ASA1,317,103 961.41 (3g) (am) Schedule I and II narcotic drugs. Except as provided in subd.
42., if the
If a person possesses a controlled substance included in schedule I or II
5which is a narcotic drug, or possesses a controlled substance analog of a controlled
6substance included in schedule I or II which is a narcotic drug, the person may, upon
7a first conviction, be fined not more than $5,000 or imprisoned for not more than 2
8years or both, and, for a 2nd or subsequent offense, the person may be fined not more
9than $10,000 or imprisoned for not more than 3 years or both
is guilty of a Class I
10felony
.
AB1-ASA1, s. 1064 11Section 1064. 961.41 (3g) (a) 2. of the statutes is repealed.
AB1-ASA1, s. 1065 12Section 1065. 961.41 (3g) (a) 3. of the statutes is repealed.
AB1-ASA1, s. 1066 13Section 1066. 961.41 (3g) (b) of the statutes is amended to read:
AB1-ASA1,317,1914 961.41 (3g) (b) Other drugs generally. Except as provided in pars. (c), (d), (dm),
15(e) and (f), if the person possesses or attempts to possess a controlled substance or
16controlled substance analog, other than a controlled substance included in schedule
17I or II that is a narcotic drug or a controlled substance analog of a controlled
18substance included in schedule I or II that is a narcotic drug, the person is guilty of
19a misdemeanor, punishable under s. 939.61.
AB1-ASA1, s. 1067 20Section 1067. 961.41 (3g) (c) of the statutes is amended to read:
AB1-ASA1,318,521 961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to
22possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
23base, the person shall be fined not more than $5,000 and may be imprisoned for not
24more than one year in the county jail upon a first conviction and is guilty of a Class
25I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense

1is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
2offense, the offender has at any time been convicted of any felony or misdemeanor
3under this chapter or under any statute of the United States or of any state relating
4to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
5or depressant, stimulant, or hallucinogenic drugs
.
AB1-ASA1, s. 1068 6Section 1068. 961.41 (3g) (d) of the statutes is amended to read:
AB1-ASA1,318,197 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person
8possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
9amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a
10controlled substance analog of lysergic acid diethylamide, phencyclidine,
11amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person
12may be fined not more than $5,000 or imprisoned for not more than one year in the
13county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd
14or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd
15or subsequent offense if, prior to the offender's conviction of the offense, the offender
16has at any time been convicted of any felony or misdemeanor under this chapter or
17under any statute of the United States or of any state relating to controlled
18substances, controlled substance analogs, narcotic drugs, marijuana, or depressant,
19stimulant, or hallucinogenic drugs
.
AB1-ASA1, s. 1069 20Section 1069. 961.41 (3g) (dm) of the statutes is repealed.
AB1-ASA1, s. 1070 21Section 1070. 961.41 (3g) (e) of the statutes is amended to read:
AB1-ASA1,319,622 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to
23possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
24substance analog of tetrahydrocannabinols, the person may be fined not more than
25$1,000 or imprisoned for not more than 6 months or both upon a first conviction and

1is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this
2paragraph, an offense is considered a 2nd or subsequent offense if, prior to the
3offender's conviction of the offense, the offender has at any time been convicted of any
4felony or misdemeanor under this chapter or under any statute of the United States
5or of any state relating to controlled substances, controlled substance analogs,
6narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs
.
AB1-ASA1, s. 1071 7Section 1071. 961.41 (3g) (f) of the statutes is amended to read:
AB1-ASA1,319,128 961.41 (3g) (f) Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine,
9or flunitrazepam.
If a person possesses or attempts to possess
10gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam,
11the person may be fined not more than $5,000 or imprisoned for not more than 2 years
12or both
is guilty of a Class H felony.
AB1-ASA1, s. 1072 13Section 1072. 961.41 (4) (am) 3. of the statutes is amended to read:
AB1-ASA1,319,1614 961.41 (4) (am) 3. A person convicted of violating who violates this paragraph
15may be fined not more than $5,000 or imprisoned for not more than 2 years or both
16is guilty of a Class I felony.
AB1-ASA1, s. 1073 17Section 1073. 961.42 (2) of the statutes is amended to read:
AB1-ASA1,319,1918 961.42 (2) Any person who violates this section may be fined not more than
19$25,000 or imprisoned not more than 2 years or both
is guilty of a Class I felony.
AB1-ASA1, s. 1074 20Section 1074. 961.43 (2) of the statutes is amended to read:
AB1-ASA1,319,2221 961.43 (2) Any person who violates this section may be fined not more than
22$30,000 or imprisoned not more than 6 years or both
is guilty of a Class H felony.
AB1-ASA1, s. 1075 23Section 1075. 961.437 (4) (a) of the statutes is amended to read:
AB1-ASA1,320,3
1961.437 (4) (a) For a first offense, the person shall be fined not less than $1,000
2nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both

3is guilty of a Class H felony.
AB1-ASA1, s. 1076 4Section 1076. 961.437 (4) (b) of the statutes is amended to read:
AB1-ASA1,320,75 961.437 (4) (b) For a 2nd or subsequent offense, the person shall be fined not
6less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years
7or both
is guilty of a Class F felony.
AB1-ASA1, s. 1077 8Section 1077. 961.438 of the statutes is repealed.
AB1-ASA1, s. 1078 9Section 1078. 961.455 (1) of the statutes is amended to read:
AB1-ASA1,320,1310 961.455 (1) Any person who has attained the age of 17 years who knowingly
11solicits, hires, directs, employs or uses a person who is under the age of 17 years of
12age or under
for the purpose of violating s. 961.41 (1) may be fined not more than
13$50,000 or imprisoned for not more than 15 years or both
is guilty of a Class F felony.
AB1-ASA1, s. 1079 14Section 1079. 961.455 (3) of the statutes is amended to read:
AB1-ASA1,320,1715 961.455 (3) Solicitation under sub. (1) occurs in the manner described under
16s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s.
17939.30 or 948.35.
AB1-ASA1, s. 1080 18Section 1080. 961.46 (1) of the statutes is renumbered 961.46 and amended
19to read:
AB1-ASA1,321,3 20961.46 Distribution to persons under age 18. Except as provided in sub.
21(3), any
If a person 17 years of age or over who violates s. 961.41 (1) by distributing
22or delivering a controlled substance included in schedule I or II which is a narcotic
23drug
or a controlled substance analog of a controlled substance included in schedule
24I or II which is a narcotic drug
to a person 17 years of age or under who is at least
253 years his or her junior is punishable by the fine authorized by s. 961.41 (1) (a) or

1a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both
, the
2applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the
3offense may be increased by not more than 5 years
.
AB1-ASA1, s. 1081 4Section 1081. 961.46 (2) of the statutes is repealed.
AB1-ASA1, s. 1082 5Section 1082. 961.46 (3) of the statutes is repealed.
AB1-ASA1, s. 1083 6Section 1083. 961.465 of the statutes is repealed.
AB1-ASA1, s. 1084 7Section 1084. 961.472 (2) of the statutes is amended to read:
AB1-ASA1,321,198 961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found
9guilty of possession or attempted possession of a controlled substance or controlled
10substance analog under s. 961.41 (3g) (a) 2. (am), (c), or (d) or (dm), the court shall
11order the person to comply with an assessment of the person's use of controlled
12substances. The court's order shall designate a facility that is operated by or
13pursuant to a contract with the county department established under s. 51.42 and
14that is certified by the department of health and family services to provide
15assessment services to perform the assessment and, if appropriate, to develop a
16proposed treatment plan. The court shall notify the person that noncompliance with
17the order limits the court's ability to determine whether the treatment option under
18s. 961.475 is appropriate. The court shall also notify the person of the fee provisions
19under s. 46.03 (18) (fm).
AB1-ASA1, s. 1085 20Section 1085. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and
21amended to read:
AB1-ASA1,322,322 961.48 (1) (intro.) Except as provided in subs. (2) and (4), any If a person who
23is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or
24subsequent offense as provided under this chapter sub. (3) and the person is
25convicted of that 2nd or subsequent offense may be fined an amount up to twice that

1otherwise authorized or imprisoned for a term up to twice the term otherwise
2authorized or both.
, the maximum term of imprisonment for the offense may be
3increased as follows:
AB1-ASA1, s. 1086 4Section 1086. 961.48 (1) (a) and (b) of the statutes are created to read:
AB1-ASA1,322,55 961.48 (1) (a) By not more than 6 years, if the offense is a Class C or D felony.
AB1-ASA1,322,66 (b) By not more than 4 years, if the offense is a Class E, F, G, H, or I felony.
AB1-ASA1, s. 1087 7Section 1087. 961.48 (2) of the statutes is repealed.
AB1-ASA1, s. 1088 8Section 1088. 961.48 (2m) (a) of the statutes is amended to read:
AB1-ASA1,322,169 961.48 (2m) (a) Whenever a person charged with an a felony offense under this
10chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
11not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior
12convictions are alleged in the complaint, indictment or information or in an amended
13complaint, indictment or information that is filed under par. (b) 1. A person is not
14subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of
15applicable prior convictions is withdrawn by an amended complaint filed under par.
16(b) 2.
AB1-ASA1, s. 1089 17Section 1089. 961.48 (3) of the statutes is amended to read:
AB1-ASA1,322,2318 961.48 (3) For purposes of this section, an a felony offense under this chapter
19is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
20offense, the offender has at any time been convicted of any felony or misdemeanor
21offense
under this chapter or under any statute of the United States or of any state
22relating to controlled substances or controlled substance analogs, narcotic drugs,
23marijuana or depressant, stimulant or hallucinogenic drugs.
AB1-ASA1, s. 1090 24Section 1090. 961.48 (4) of the statutes is repealed.
AB1-ASA1, s. 1091
1Section 1091. 961.49 (1) of the statutes is renumbered 961.49, and 961.49
2(intro.), as renumbered, is amended to read:
AB1-ASA1,323,12 3961.49 Distribution of or possession with intent to deliver a controlled
4substance on or near certain places.
(intro.) If any person violates s. 961.41 (1)
5(cm), (d), (e), (em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m)
6(cm), (d), (e), (em), (f), (g) or (h) by possessing with intent to deliver or distribute,
7cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
8psilocybin, amphetamine, methamphetamine, methcathinone or any form of
9tetrahydrocannabinols or a controlled substance analog of any of these substances
10and the delivery, distribution or possession takes place under any of the following
11circumstances, the maximum term of imprisonment prescribed by law for that crime
12may be increased by 5 years:
AB1-ASA1, s. 1092 13Section 1092. 961.49 (2) of the statutes is repealed.
AB1-ASA1, s. 1093 14Section 1093. 961.49 (3) of the statutes is repealed.
AB1-ASA1, s. 1094 15Section 1094. 961.492 of the statutes is repealed.
AB1-ASA1, s. 1095 16Section 1095. 961.55 (1) (d) 3. of the statutes is amended to read:
AB1-ASA1,323,1817 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41
18(3g) (b), (c), (d), (dm), (e) or (f); and
AB1-ASA1, s. 1096 19Section 1096. 961.573 (3) of the statutes is amended to read:
AB1-ASA1,323,2520 961.573 (3) No person may use, or possess with the primary intent to use, drug
21paraphernalia to manufacture, compound, convert, produce, process, prepare, test,
22analyze, pack, repack or store methamphetamine or a controlled substance analog
23of methamphetamine in violation of this chapter. Any person who violates this
24subsection may be fined not more than $10,000 or imprisoned for not more than 5
25years or both
is guilty of a Class H felony.
AB1-ASA1, s. 1097
1Section 1097. 961.574 (3) of the statutes is amended to read:
AB1-ASA1,324,82 961.574 (3) No person may deliver, possess with intent to deliver, or
3manufacture with intent to deliver, drug paraphernalia, knowing that it will be
4primarily used to manufacture, compound, convert, produce, process, prepare, test,
5analyze, pack, repack or store methamphetamine or a controlled substance analog
6of methamphetamine in violation of this chapter. Any person who violates this
7subsection may be fined not more than $10,000 or imprisoned for not more than 5
8years or both
is guilty of a Class H felony.
AB1-ASA1, s. 1098 9Section 1098. 961.575 (3) of the statutes is amended to read:
AB1-ASA1,324,1310 961.575 (3) Any person 17 years of age or over who violates s. 961.574 (3) by
11delivering drug paraphernalia to a person 17 years of age or under may be fined not
12more than $50,000 or imprisoned for not more than 10 years or both
is guilty of a
13Class G felony
.
AB1-ASA1, s. 1099 14Section 1099. 967.04 (9) of the statutes is amended to read:
AB1-ASA1,324,2115 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under
16s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken
17under subs. (7) and (8) without an additional hearing under s. 908.08. In any
18proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the
19hearing examiner may order and preside at the taking of a videotaped deposition
20using the procedure provided in subs. (7) and (8) and may admit the videotaped
21deposition into evidence without an additional hearing under s. 908.08.
AB1-ASA1, s. 1100 22Section 1100. 968.255 (1) (a) 2. of the statutes is amended to read:
AB1-ASA1,324,2423 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20
24(1), 941.23, 941.237, 941.24, 948.60, 948.605 (2) (a) or 948.61.
AB1-ASA1, s. 1101 25Section 1101. 968.31 (1) (intro.) of the statutes is amended to read:
AB1-ASA1,325,4
1968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
2968.28 to 968.30, whoever commits any of the acts enumerated in this section may
3be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
4or both
is guilty of a Class H felony:
AB1-ASA1, s. 1102 5Section 1102. 968.34 (3) of the statutes is amended to read:
AB1-ASA1,325,76 968.34 (3) Whoever knowingly violates sub. (1) shall may be fined not more
7than $10,000 or imprisoned for not more than 2 years 9 months or both.
AB1-ASA1, s. 1103 8Section 1103. 968.43 (3) of the statutes is amended to read:
AB1-ASA1,325,119 968.43 (3) Any person who violates an oath or affirmation required by sub. (2)
10may be imprisoned for not more than 7 years and 6 months is guilty of a Class H
11felony
.
AB1-ASA1, s. 1104 12Section 1104. 969.08 (10) (a) of the statutes is amended to read:
AB1-ASA1,325,1513 969.08 (10) (a) "Commission of a serious crime" includes a solicitation,
14conspiracy or attempt, under s. 948.35, 1999 stats., or s. 939.30, 939.31, or 939.32 or
15948.35
, to commit a serious crime.
AB1-ASA1, s. 1105 16Section 1105. 969.08 (10) (b) of the statutes is amended to read:
AB1-ASA1,325,2417 969.08 (10) (b) "Serious crime" means any crime specified in s. 943.23 (1m),
181999 stats., or s. 943.23 (1r), 1999 stats., or
s. 346.62 (4), 940.01, 940.02, 940.03,
19940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
20940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
211m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
22943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r),
23943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
24948.04, 948.05, 948.06, 948.07 or 948.30.
AB1-ASA1, s. 1106
1Section 1106. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
2amended to read:
AB1-ASA1,326,133 971.17 (1) (a) Felonies committed before the effective date of this paragraph ....
4[revisor inserts date].
When Except as provided in par. (c), when a defendant is found
5not guilty by reason of mental disease or mental defect of a felony committed before
6the effective date of this paragraph .... [revisor inserts date]
, the court shall commit
7the person to the department of health and family services for a specified period not
8exceeding two-thirds of the maximum term of imprisonment that could be imposed
9under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes
10felony, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m),
11939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b)
12and 961.48 and other
any applicable penalty enhancement statutes, as applicable,
13subject to the credit provisions of s. 973.155.
AB1-ASA1,326,17 14(c) Felonies punishable by life imprisonment. If the maximum term of
15imprisonment is
a defendant is found not guilty by reason of mental disease or
16mental defect of a felony that is punishable by
life imprisonment, the commitment
17period specified by the court may be life, subject to termination under sub. (5).
AB1-ASA1, s. 1107 18Section 1107. 971.17 (1) (b) of the statutes is created to read:
AB1-ASA1,327,219 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph
20.... [revisor inserts date].
Except as provided in par. (c), when a defendant is found
21not guilty by reason of mental disease or mental defect of a felony committed on or
22after the effective date of this paragraph .... [revisor inserts date], the court shall
23commit the person to the department of health and family services for a specified
24period not exceeding the maximum term of confinement in prison that could be
25imposed on an offender convicted of the same felony, plus imprisonment authorized

1by any applicable penalty enhancement statutes, subject to the credit provisions of
2s. 973.155.
AB1-ASA1, s. 1108 3Section 1108. 971.17 (1) (d) of the statutes is created to read:
AB1-ASA1,327,104 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason
5of mental disease or mental defect of a misdemeanor, the court shall commit the
6person to the department of health and family services for a specified period not
7exceeding two-thirds of the maximum term of imprisonment that could be imposed
8against an offender convicted of the same misdemeanor, including imprisonment
9authorized by any applicable penalty enhancement statutes, subject to the credit
10provisions of s. 973.155.
AB1-ASA1, s. 1109 11Section 1109. 971.365 (1) (a) of the statutes is amended to read:
AB1-ASA1,327,1512 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
13(cm), (d), (e), (em), (f), (g) or (h) involving more than one violation, all violations may
14be prosecuted as a single crime if the violations were pursuant to a single intent and
15design.
AB1-ASA1, s. 1110 16Section 1110. 971.365 (1) (b) of the statutes is amended to read:
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