AB3,175,2412
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
13possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
14amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, or a
15controlled substance analog of lysergic acid diethylamide, phencyclidine,
16amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, the person
17may be fined not more than $5,000 or imprisoned for not more than one year in the
18county jail or both
upon a first conviction and is guilty of a Class I felony for a 2nd
19or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd
20or subsequent offense if, prior to the offender's conviction of the offense, the offender
21has at any time been convicted of any felony or misdemeanor under this chapter or
22under any statute of the United States or of any state relating to controlled
23substances, controlled substance analogs, narcotic drugs, marijuana, or depressant,
24stimulant, or hallucinogenic drugs.
AB3, s. 743
25Section
743. 961.41 (3g) (dm) of the statutes is repealed.
AB3, s. 744
1Section
744. 961.41 (3g) (e) of the statutes is amended to read:
AB3,176,112
961.41
(3g) (e)
Tetrahydrocannabinols. If a person possesses or attempts to
3possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
4substance analog of tetrahydrocannabinols, the person may be fined not more than
5$1,000 or imprisoned for not more than 6 months or both
upon a first conviction and
6is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this
7paragraph, an offense is considered a 2nd or subsequent offense if, prior to the
8offender's conviction of the offense, the offender has at any time been convicted of any
9felony or misdemeanor under this chapter or under any statute of the United States
10or of any state relating to controlled substances, controlled substance analogs,
11narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
AB3, s. 745
12Section
745. 961.41 (3g) (f) of the statutes is amended to read:
AB3,176,1713
961.41
(3g) (f)
Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine,
14or flunitrazepam. If a person possesses or attempts to possess
15gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam,
16the person
may be fined not more than $5,000 or imprisoned for not more than 2 years
17or both is guilty of a Class H felony.
AB3, s. 746
18Section
746. 961.41 (4) (am) 3. of the statutes is amended to read:
AB3,176,2119
961.41
(4) (am) 3. A person
convicted of violating who violates this paragraph
20may be fined not more than $5,000 or imprisoned for not more than 2 years or both 21is guilty of a Class I felony.
AB3, s. 747
22Section
747. 961.42 (2) of the statutes is amended to read:
AB3,176,2423
961.42
(2) Any person who violates this section
may be fined not more than
24$25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.
AB3, s. 748
25Section
748. 961.43 (2) of the statutes is amended to read:
AB3,177,2
1961.43
(2) Any person who violates this section
may be fined not more than
2$30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.
AB3, s. 749
3Section
749. 961.437 (4) (a) of the statutes is amended to read:
AB3,177,64
961.437
(4) (a) For a first offense, the person
shall be fined not less than $1,000
5nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both 6is guilty of a Class H felony.
AB3, s. 750
7Section
750. 961.437 (4) (b) of the statutes is amended to read:
AB3,177,108
961.437
(4) (b) For a 2nd or subsequent offense, the person
shall be fined not
9less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years
10or both is guilty of a Class F felony.
AB3, s. 751
11Section
751. 961.438 of the statutes is repealed.
AB3, s. 752
12Section
752. 961.455 (1) of the statutes is amended to read:
AB3,177,1613
961.455
(1) Any person who has attained the age of 17 years who knowingly
14solicits, hires, directs, employs or uses a person who is
under the age of 17 years
of
15age or under for the purpose of violating s. 961.41 (1)
may be fined not more than
16$50,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
AB3, s. 753
17Section
753. 961.455 (3) of the statutes is amended to read:
AB3,177,2018
961.455
(3) Solicitation under sub. (1) occurs in the manner described under
19s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s.
20939.30
or 948.35.
AB3, s. 754
21Section
754. 961.46 (1) of the statutes is renumbered 961.46 and amended to
22read:
AB3,178,6
23961.46 Distribution to persons under age 18. Except as provided in sub.
24(3), any If a person 17 years of age or over
who violates s. 961.41 (1) by distributing
25or delivering a controlled substance
included in schedule I or II which is a narcotic
1drug or a controlled substance analog
of a controlled substance included in schedule
2I or II which is a narcotic drug to a person 17 years of age or under who is at least
33 years his or her junior
is punishable by the fine authorized by s. 961.41 (1) (a) or
4a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the
5applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the
6offense may be increased by not more than 5 years.
AB3, s. 755
7Section
755. 961.46 (2) of the statutes is repealed.
AB3, s. 756
8Section
756. 961.46 (3) of the statutes is repealed.
AB3, s. 757
9Section
757. 961.465 of the statutes is repealed.
AB3, s. 758
10Section
758. 961.472 (2) of the statutes is amended to read:
AB3,178,2211
961.472
(2) Except as provided in sub. (5), if a person pleads guilty or is found
12guilty of possession or attempted possession of a controlled substance or controlled
13substance analog under s. 961.41 (3g)
(a) 2. (am), (c),
or (d)
or (dm), the court shall
14order the person to comply with an assessment of the person's use of controlled
15substances. The court's order shall designate a facility that is operated by or
16pursuant to a contract with the county department established under s. 51.42 and
17that is certified by the department of health and family services to provide
18assessment services to perform the assessment and, if appropriate, to develop a
19proposed treatment plan. The court shall notify the person that noncompliance with
20the order limits the court's ability to determine whether the treatment option under
21s. 961.475 is appropriate. The court shall also notify the person of the fee provisions
22under s. 46.03 (18) (fm).
AB3, s. 759
23Section
759. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and
24amended to read:
AB3,179,7
1961.48
(1) (intro.)
Except as provided in subs. (2) and (4), any If a person
who 2is charged under sub. (2m) with
a felony offense under this chapter that is a 2nd or
3subsequent offense
as provided under
this chapter sub. (3) and
the person is 4convicted of that 2nd or subsequent offense
may be fined an amount up to twice that
5otherwise authorized or imprisoned for a term up to twice the term otherwise
6authorized or both., the maximum term of imprisonment for the offense may be
7increased as follows:
AB3, s. 760
8Section
760. 961.48 (1) (a) and (b) of the statutes are created to read:
AB3,179,99
961.48
(1) (a) By not more than 6 years, if the offense is a Class C or D felony.
AB3,179,1010
(b) By not more than 4 years, if the offense is a Class E, F, G, H, or I felony.
AB3, s. 761
11Section
761. 961.48 (2) of the statutes is repealed.
AB3, s. 762
12Section
762. 961.48 (2m) (a) of the statutes is amended to read:
AB3,179,2013
961.48
(2m) (a) Whenever a person charged with
an a felony offense under this
14chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
15not subject to an enhanced penalty under sub. (1)
or (2) unless any applicable prior
16convictions are alleged in the complaint, indictment or information or in an amended
17complaint, indictment or information that is filed under par. (b) 1. A person is not
18subject to an enhanced penalty under sub. (1)
or (2) for an offense if an allegation of
19applicable prior convictions is withdrawn by an amended complaint filed under par.
20(b) 2.
AB3, s. 763
21Section
763. 961.48 (3) of the statutes is amended to read:
AB3,180,222
961.48
(3) For purposes of this section,
an a felony offense
under this chapter 23is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
24offense, the offender has at any time been convicted
of any felony or misdemeanor
25offense under this chapter or under any statute of the United States or of any state
1relating to controlled substances or controlled substance analogs, narcotic drugs,
2marijuana or depressant, stimulant or hallucinogenic drugs.
AB3, s. 764
3Section
764. 961.48 (4) of the statutes is repealed.
AB3, s. 765
4Section
765. 961.49 (1) of the statutes is renumbered 961.49, and 961.49
5(intro.) of the statutes, as renumbered, is amended to read:
AB3,180,15
6961.49 Distribution of or possession with intent to deliver a controlled
7substance on or near certain places. (intro.) If any person violates s. 961.41 (1)
8(cm), (d), (e),
(em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m)
9(cm), (d), (e),
(em), (f), (g) or (h) by possessing with intent to deliver or distribute,
10cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
11psilocybin, amphetamine, methamphetamine, methcathinone or any form of
12tetrahydrocannabinols or a controlled substance analog of any of these substances
13and the delivery, distribution or possession takes place under any of the following
14circumstances, the maximum term of imprisonment prescribed by law for that crime
15may be increased by 5 years:
AB3, s. 766
16Section
766. 961.49 (2) of the statutes is repealed.
AB3, s. 767
17Section
767. 961.49 (3) of the statutes is repealed.
AB3, s. 768
18Section
768. 961.492 of the statutes is repealed.
AB3, s. 769
19Section
769. 961.55 (1) (d) 3. of the statutes is amended to read:
AB3,180,2120
961.55
(1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41
21(3g) (b), (c), (d),
(dm), (e) or (f); and
AB3, s. 770
22Section
770. 961.573 (3) of the statutes is amended to read:
AB3,181,323
961.573
(3) No person may use, or possess with the primary intent to use, drug
24paraphernalia to manufacture, compound, convert, produce, process, prepare, test,
25analyze, pack, repack or store methamphetamine or a controlled substance analog
1of methamphetamine in violation of this chapter. Any person who violates this
2subsection
may be fined not more than $10,000 or imprisoned for not more than 5
3years or both is guilty of a Class H felony.
AB3, s. 771
4Section
771. 961.574 (3) of the statutes is amended to read:
AB3,181,115
961.574
(3) No person may deliver, possess with intent to deliver, or
6manufacture with intent to deliver, drug paraphernalia, knowing that it will be
7primarily used to manufacture, compound, convert, produce, process, prepare, test,
8analyze, pack, repack or store methamphetamine or a controlled substance analog
9of methamphetamine in violation of this chapter. Any person who violates this
10subsection
may be fined not more than $10,000 or imprisoned for not more than 5
11years or both is guilty of a Class H felony.
AB3, s. 772
12Section
772. 961.575 (3) of the statutes is amended to read:
AB3,181,1613
961.575
(3) Any person 17 years of age or over who violates s. 961.574 (3) by
14delivering drug paraphernalia to a person 17 years of age or under
may be fined not
15more than $50,000 or imprisoned for not more than 10 years or both
is guilty of a
16Class G felony.
AB3, s. 773
17Section
773. 967.04 (9) of the statutes is amended to read:
AB3,181,2418
967.04
(9) In any criminal prosecution or juvenile fact-finding hearing under
19s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken
20under subs. (7) and (8) without an additional hearing under s. 908.08. In any
21proceeding under s.
302.113 (9) (am), 302.114 (9) (am), 304.06 (3)
, or 973.10 (2), the
22hearing examiner may order and preside at the taking of a videotaped deposition
23using the procedure provided in subs. (7) and (8) and may admit the videotaped
24deposition into evidence without an additional hearing under s. 908.08.
AB3, s. 774
25Section
774. 968.255 (1) (a) 2. of the statutes is amended to read:
AB3,182,2
1968.255
(1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20
2(1), 941.23, 941.237, 941.24, 948.60,
948.605 (2) (a) or 948.61.
AB3, s. 775
3Section
775. 968.31 (1) (intro.) of the statutes is amended to read:
AB3,182,74
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
5968.28 to 968.30, whoever commits any of the acts enumerated in this section
may
6be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
7or both is guilty of a Class H felony:
AB3, s. 776
8Section
776. 968.34 (3) of the statutes is amended to read:
AB3,182,109
968.34
(3) Whoever knowingly violates sub. (1)
shall may be fined not more
10than $10,000 or imprisoned for not more than
2 years
9 months or both.
AB3, s. 777
11Section
777. 968.43 (3) of the statutes is amended to read:
AB3,182,1412
968.43
(3) Any person who violates an oath or affirmation required by sub. (2)
13may be imprisoned for not more than 7 years and 6 months is guilty of a Class H
14felony.
AB3, s. 778
15Section
778. 969.08 (10) (a) of the statutes is amended to read:
AB3,182,1816
969.08
(10) (a) "Commission of a serious crime" includes a solicitation,
17conspiracy or attempt, under
s. 948.35, 1999 stats., or s. 939.30, 939.31,
or 939.32
or
18948.35, to commit a serious crime.
AB3, s. 779
19Section
779. 969.08 (10) (b) of the statutes is amended to read:
AB3,183,220
969.08
(10) (b) "Serious crime" means any crime specified in
s. 943.23 (1m),
211999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03,
22940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
23940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
241m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
25943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g),
(1m) or (1r),
1943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
2948.04, 948.05, 948.06, 948.07 or 948.30.
AB3, s. 780
3Section
780. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
4amended to read:
AB3,183,155
971.17
(1) (a)
Felonies committed before the effective date of this paragraph ....
6[revisor inserts date]. When Except as provided in par. (c), when a defendant is found
7not guilty by reason of mental disease or mental defect
of a felony committed before
8the effective date of this paragraph .... [revisor inserts date], the court shall commit
9the person to the department of health and family services for a specified period not
10exceeding two-thirds of the maximum term of imprisonment that could be imposed
11under s. 973.15 (2) (a) against an offender convicted of the same
crime or crimes 12felony, including imprisonment authorized by
ss. 346.65 (2) (f), (2j) (d) or (3m),
13939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b)
14and 961.48 and other any applicable penalty enhancement statutes,
as applicable, 15subject to the credit provisions of s. 973.155.
AB3,183,19
16(c) Felonies punishable by life imprisonment. If
the maximum term of
17imprisonment is a defendant is found not guilty by reason of mental disease or
18mental defect of a felony that is punishable by life
imprisonment, the commitment
19period specified by the court may be life, subject to termination under sub. (5).
AB3, s. 781
20Section
781. 971.17 (1) (b) of the statutes is created to read:
AB3,184,421
971.17
(1) (b)
Felonies committed on or after the effective date of this paragraph
22.... [revisor inserts date]. Except as provided in par. (c), when a defendant is found
23not guilty by reason of mental disease or mental defect of a felony committed on or
24after the effective date of this paragraph .... [revisor inserts date], the court shall
25commit the person to the department of health and family services for a specified
1period not exceeding the maximum term of confinement in prison that could be
2imposed on an offender convicted of the same felony, plus imprisonment authorized
3by any applicable penalty enhancement statutes, subject to the credit provisions of
4s. 973.155.
AB3, s. 782
5Section
782. 971.17 (1) (d) of the statutes is created to read:
AB3,184,126
971.17
(1) (d)
Misdemeanors. When a defendant is found not guilty by reason
7of mental disease or mental defect of a misdemeanor, the court shall commit the
8person to the department of health and family services for a specified period not
9exceeding two-thirds of the maximum term of imprisonment that could be imposed
10against an offender convicted of the same misdemeanor, including imprisonment
11authorized by any applicable penalty enhancement statutes, subject to the credit
12provisions of s. 973.155.
AB3, s. 783
13Section
783. 971.365 (1) (a) of the statutes is amended to read:
AB3,184,1714
971.365
(1) (a) In any case under
s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
15(cm), (d), (e),
(em), (f), (g) or (h) involving more than one violation, all violations may
16be prosecuted as a single crime if the violations were pursuant to a single intent and
17design.
AB3, s. 784
18Section
784. 971.365 (1) (b) of the statutes is amended to read:
AB3,184,2219
971.365
(1) (b) In any case under
s. 961.41 (1m) (em), 1999 stats., or s. 961.41
20(1m) (cm), (d), (e),
(em), (f), (g) or (h) involving more than one violation, all violations
21may be prosecuted as a single crime if the violations were pursuant to a single intent
22and design.
AB3, s. 785
23Section
785. 971.365 (1) (c) of the statutes is amended to read:
AB3,185,224
971.365
(1) (c) In any case under
s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
25(3g) (dm), 1999 stats., or s. 961.41 (3g)
(a) 2.
(am), (c), (d),
(dm) or (e) involving more
1than one violation, all violations may be prosecuted as a single crime if the violations
2were pursuant to a single intent and design.
AB3, s. 786
3Section
786. 971.365 (2) of the statutes is amended to read:
AB3,185,94
971.365
(2) An acquittal or conviction under sub. (1) does not bar a subsequent
5prosecution for any acts in violation of
s. 961.41 (1) (em), 1999 stats., s. 961 .41 (1m)
6(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
7or s. 961.41 (1) (cm), (d), (e),
(em), (f), (g)
, or (h), (1m) (cm), (d), (e),
(em), (f), (g)
, or (h)
8or (3g)
(a) 2. (am), (c), (d),
(dm) or (e) on which no evidence was received at the trial
9on the original charge.
AB3, s. 787
10Section
787. 972.15 (2c) of the statutes is amended to read:
AB3,185,1511
972.15
(2c) If the defendant is
subject to being sentenced under s. 973.01 and
12he or she satisfies the criteria under s. 302.045 (2) (b) and (c), the person preparing
13the presentence investigation report shall include in the report a recommendation
14as to whether the defendant should be eligible for the challenge incarceration
15program under s. 302.045.
AB3, s. 788
16Section
788. 973.01 (1) of the statutes is amended to read:
AB3,185,2217
973.01
(1) Bifurcated sentence required. Except as provided in sub. (3),
18whenever a court sentences a person to imprisonment in the Wisconsin state prisons
19for a felony committed on or after December 31, 1999,
or a misdemeanor committed
20on or after the effective date of this subsection .... [revisor inserts date], the court
21shall impose a bifurcated sentence
that consists of a term of confinement in prison
22followed by a term of extended supervision under
s. 302.113 this section.
AB3, s. 789
23Section
789. 973.01 (2) (intro.) of the statutes is amended to read:
AB3,186,524
973.01
(2) Structure of bifurcated sentences. (intro.)
The court shall ensure
25that a A bifurcated sentence is a sentence that consists of a term of confinement in
1prison followed by a term of extended supervision under s. 302.113. The total length
2of a bifurcated sentence equals the length of the term of confinement in prison plus
3the length of the term of extended supervision. An order imposing a bifurcated
4sentence
imposed under
sub. (1) complies this section shall comply with all of the
5following:
AB3, s. 790
6Section
790. 973.01 (2) (a) of the statutes is amended to read:
AB3,186,127
973.01
(2) (a)
Total length of bifurcated sentence. Except as provided in par. (c),
8the total length of the bifurcated sentence may not exceed the maximum period of
9imprisonment
for the specified in s. 939.50 (3), if the crime is a classified felony
, or
10the maximum term of imprisonment provided by statute for the crime, if the crime
11is not a classified felony, plus additional imprisonment authorized by any applicable
12penalty enhancement statutes.