AB458,28,66 939.22 (33) "Restricted controlled substance" means any of the following:
AB458,28,87 (a) A controlled substance included in schedule I under ch. 961 other than a
8tetrahydrocannabinol.
AB458,28,109 (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
10substance described in par. (a).
AB458,28,1111 (c) Cocaine or any of its metabolites.
AB458,28,1212 (d) Methamphetamine.
AB458,28,1313 (e) Delta-9-tetrahydrocannabinol.
AB458, s. 76 14Section 76. 939.75 (1) of the statutes, as affected by 2001 Wisconsin Act 109,
15is amended to read:
AB458,28,2016 939.75 (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02
17(1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c), (cm),
18and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to
19(e), "unborn child" means any individual of the human species from fertilization until
20birth that is gestating inside a woman.
AB458, s. 77 21Section 77. 939.75 (2) (b) of the statutes is amended to read:
AB458,28,2522 939.75 (2) (b) Sections 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06
23(2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c), (cm), and (d), 940.10 (2), 940.195,
24940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) do not apply to any of the
25following:
AB458, s. 78
1Section 78. 939.75 (3) (intro.) of the statutes is amended to read:
AB458,29,72 939.75 (3) (intro.) When the existence of an exception under sub. (2) has been
3placed in issue by the trial evidence, the state must prove beyond a reasonable doubt
4that the facts constituting the exception do not exist in order to sustain a finding of
5guilt under s. 940.01 (1) (b), 940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09
6(1) (c) to (e) or (1g) (c), (cm), or (d), 940.10 (2), 940.195, 940.23 (1) (b) or (2) (b), 940.24
7(2) or 940.25 (1) (c) to (e).
AB458, s. 79 8Section 79. 940.09 (1) (am) of the statutes is created to read:
AB458,29,119 940.09 (1) (am) Causes the death of another by the operation or handling of a
10vehicle while the person has a detectable amount of a restricted controlled substance
11in his or her blood.
AB458, s. 80 12Section 80. 940.09 (1) (cm) of the statutes is created to read:
AB458,29,1513 940.09 (1) (cm) Causes the death of an unborn child by the operation or
14handling of a vehicle while the person has a detectable amount of a restricted
15controlled substance in his or her blood.
AB458, s. 81 16Section 81. 940.09 (1d) (a) 1. of the statutes is amended to read:
AB458,29,2317 940.09 (1d) (a) 1. Except as provided in subd. 2., if the person who committed
18an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions,
19suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the
20person's lifetime, plus other convictions, suspensions, or revocations counted under
21s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an
22order regarding operating privilege restriction or enters an order regarding
23immobilization.
AB458, s. 82 24Section 82. 940.09 (1d) (a) 2. of the statutes is amended to read:
AB458,30,6
1940.09 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an
2offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions,
3suspensions, or revocations counted under s. 343.307 (1) within any 5-year period,
4the procedure under s. 343.301 shall be followed if the court enters an order
5regarding operating privilege restriction and the installation of an ignition interlock
6device or enters an order regarding immobilization.
AB458, s. 83 7Section 83. 940.09 (1d) (b) of the statutes is amended to read:
AB458,30,138 940.09 (1d) (b) If the person who committed an offense under sub. (1) (a), (am),
9(b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations,
10counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other
11convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure
12under s. 346.65 (6) shall be followed if the court orders the seizure and forfeiture of
13the motor vehicle owned by the person and used in the violation.
AB458, s. 84 14Section 84. 940.09 (1g) (am) of the statutes is created to read:
AB458,30,1715 940.09 (1g) (am) Causes the death of another by the operation or handling of
16a firearm or airgun while the person has a detectable amount of a restricted
17controlled substance in his or her blood.
AB458, s. 85 18Section 85. 940.09 (1g) (cm) of the statutes is created to read:
AB458,30,2119 940.09 (1g) (cm) Causes the death of an unborn child by the operation or
20handling of a firearm or airgun while the person has a detectable amount of a
21restricted controlled substance in his or her blood.
AB458, s. 86 22Section 86. 940.09 (1m) of the statutes is renumbered 940.09 (1m) (a) and
23amended to read:
AB458,31,424 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed
25upon an information based upon a violation of any combination of sub. (1) (a), (am),

1or (b) or both,; any combination of sub. (1) (a), (am), or (bm) or both,; any combination
2of
sub. (1) (c), (cm), or (d) or both,; any combination of sub. (1) (c), (cm), or (e) or both,;
3any combination of
sub. (1g) (a), (am), or (b) or both or; any combination of sub. (1g)
4(c), (cm), or (d) or both for acts arising out of the same incident or occurrence.
AB458,31,18 5(b) If the a person is charged with violating both sub. (1) (a) and (b), both sub.
6(1) (a) and (bm), both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a)
7and (b) or both sub. (1g) (c) and (d)
in the an information with any of the combinations
8of crimes referred to in par. (a)
, the crimes shall be joined under s. 971.12. If the
9person is found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub.
10(1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b) or both sub. (1g) (c)
11and (d)
more than one of the crimes so charged for acts arising out of the same
12incident or occurrence, there shall be a single conviction for purposes of sentencing
13and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s.
1430.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3.
15Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e), and sub. (1g) (a), (b), (c) and
16(d),
each require proof of a fact for conviction which the other does others do not
17require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for
18conviction which the others do not require
.
AB458, s. 87 19Section 87. 940.09 (2) of the statutes is renumbered 940.09 (2) (a) and
20amended to read:
AB458,32,221 940.09 (2) (a) The In any action under this section, the defendant has a defense
22if he or she proves by a preponderance of the evidence that the death would have
23occurred even if he or she had been exercising due care and he or she had not been
24under the influence of an intoxicant, did not have a detectable amount of a restricted

1controlled substance in his or her blood,
or did not have an alcohol concentration
2described under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).
AB458, s. 88 3Section 88. 940.09 (2) (b) of the statutes is created to read:
AB458,32,94 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
5is based on the defendant allegedly having a detectable amount of
6methamphetamine in his or her blood, the defendant has a defense if he or she proves
7by a preponderance of the evidence that at the time of the incident or occurrence he
8or she had a valid prescription for methamphetamine or one of its metabolic
9precursors.
AB458, s. 89 10Section 89. 940.25 (1) (am) of the statutes is created to read:
AB458,32,1311 940.25 (1) (am) Causes great bodily harm to another human being by the
12operation of a vehicle while the person has a detectable amount of a restricted
13controlled substance in his or her blood.
AB458, s. 90 14Section 90. 940.25 (1) (cm) of the statutes is created to read:
AB458,32,1715 940.25 (1) (cm) Causes great bodily harm to an unborn child by the operation
16of a vehicle while the person has a detectable amount of a restricted controlled
17substance in his or her blood.
AB458, s. 91 18Section 91. 940.25 (1d) (a) 1. of the statutes is amended to read:
AB458,32,2519 940.25 (1d) (a) 1. Except as provided in subd. 2., if the person who committed
20an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions,
21suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in
22the person's lifetime, plus other convictions, suspensions, or revocations counted
23under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court
24enters an order regarding operating privilege restriction or enters an order
25regarding immobilization.
AB458, s. 92
1Section 92. 940.25 (1d) (a) 2. of the statutes is amended to read:
AB458,33,72 940.25 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an
3offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions,
4suspensions, or revocations counted under s. 343.307 (1) within any 5-year period,
5the procedure under s. 343.301 shall be followed if the court enters an order
6regarding operating privilege restriction and the installation of an ignition interlock
7device or enters an order regarding immobilization.
AB458, s. 93 8Section 93. 940.25 (1d) (b) of the statutes is amended to read:
AB458,33,149 940.25 (1d) (b) If the person who committed an offense under sub. (1) (a), (am),
10(b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations,
11counting convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus
12other convictions, suspensions, or revocations counted under s. 343.307 (1), the
13procedure under s. 346.65 (6) shall be followed if the court orders the seizure and
14forfeiture of the motor vehicle owned by the person and used in the violation.
AB458, s. 94 15Section 94. 940.25 (1m) of the statutes is renumbered 940.25 (1m) (a) and
16amended to read:
AB458,33,2117 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed
18upon an information based upon a violation of any combination of sub. (1) (a), (am),
19or (b) or both,; any any combination of sub. (1) (a), (am), or (bm) or both, ; any
20combination of
sub. (1) (c), (cm), or (d) or both; any combination of or sub. (1) (c), (cm),
21or (e) or both for acts arising out of the same incident or occurrence.
AB458,34,7 22(b) If the a person is charged with violating both sub. (1) (a) and (b), both sub.
23(1) (a) and (bm), both sub. (1) (c) and (d) or both sub. (1) (c) and (e)
in the an
24information with any of the combinations of crimes referred to in par. (a), the crimes
25shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and

1(b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub. (1) (c) and (e)
more
2than one of the crimes so charged
for acts arising out of the same incident or
3occurrence, there shall be a single conviction for purposes of sentencing and for
4purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6)
5(a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3.
6Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for
7conviction which the other does others do not require.
AB458, s. 95 8Section 95. 940.25 (2) of the statutes is renumbered 940.25 (2) (a) and
9amended to read:
AB458,34,1510 940.25 (2) (a) The defendant has a defense if he or she proves by a
11preponderance of the evidence that the great bodily harm would have occurred even
12if he or she had been exercising due care and he or she had not been under the
13influence of an intoxicant, did not have a detectable amount of a restricted controlled
14substance in his or her blood,
or did not have an alcohol concentration described
15under sub. (1) (b), (bm), (d) or (e).
AB458, s. 96 16Section 96. 940.25 (2) (b) of the statutes is created to read:
AB458,34,2217 940.25 (2) (b) In any action under this section that is based on the defendant
18allegedly having a detectable amount of methamphetamine or
19delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
20or she proves by a preponderance of the evidence that at the time of the incident or
21occurrence he or she had a valid prescription for methamphetamine or one of its
22metabolic precursors or delta-9-tetrahydrocannabinol.
AB458, s. 97 23Section 97. 941.20 (1) (bm) of the statutes is created to read:
AB458,35,624 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a
25detectable amount of a restricted controlled substance in his or her blood. A

1defendant has a defense to any action under this paragraph that is based on the
2defendant allegedly having a detectable amount of methamphetamine or
3delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a
4preponderance of the evidence that at the time of the incident or occurrence he or she
5had a valid prescription for methamphetamine or one of its metabolic precursors or
6delta-9-tetrahydrocannabinol.
AB458, s. 98 7Section 98. 949.08 (2) (e) of the statutes is amended to read:
AB458,35,148 949.08 (2) (e) Is an adult passenger in the offender's vehicle and, the crime
9involved is specified in s. 346.63 (2) or 940.25, and the passenger knew the offender
10was under the influence of an intoxicant, a controlled substance, a controlled
11substance analog or any combination of an intoxicant, controlled substance and
12controlled substance analog, or had a prohibited alcohol concentration, as defined in
13s. 340.01 (46m)
committing that offense. This paragraph does not apply if the victim
14is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.
AB458, s. 99 15Section 99. 949.08 (2) (em) of the statutes is amended to read:
AB458,35,2316 949.08 (2) (em) Is an adult passenger in the offender's commercial motor
17vehicle and, the crime involved is specified in s. 346.63 (6) or 940.25, and the
18passenger knew the offender was under the influence of an intoxicant, a controlled
19substance, a controlled substance analog or any combination of an intoxicant,
20controlled substance and controlled substance analog, or had an alcohol
21concentration of 0.04 or more but less than 0.1
committing that offense. This
22paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30,
23940.305, 940.31 or 948.30.
AB458, s. 100 24Section 100. 967.055 (1) (a) of the statutes is amended to read:
AB458,36,12
1967.055 (1) (a) The legislature intends to encourage the vigorous prosecution
2of offenses concerning the operation of motor vehicles by persons under the influence
3of an intoxicant, a controlled substance, a controlled substance analog or any
4combination of an intoxicant, controlled substance and controlled substance analog,
5under the influence of any other drug to a degree which renders him or her incapable
6of safely driving, or under the combined influence of an intoxicant and any other drug
7to a degree which renders him or her incapable of safely driving or having a
8prohibited alcohol concentration, as defined in s. 340.01 (46m), or offenses
9concerning the operation of motor vehicles by persons with a detectable amount of
10a restricted controlled substance in his or her blood, and
offenses concerning the
11operation of commercial motor vehicles by persons with an alcohol concentration of
120.04 or more.
AB458, s. 101 13Section 101. 967.055 (1m) of the statutes is renumbered 967.055 (1m) (intro.)
14and amended to read:
AB458,36,1515 967.055 (1m) Definition Definitions. (intro.) In this section, "drug":
AB458,36,16 16(a) "Drug" has the meaning specified in s. 450.01 (10).
AB458, s. 102 17Section 102. 967.055 (1m) (b) of the statutes is created to read:
AB458,36,1818 967.055 (1m) (b) "Restricted controlled substance" means any of the following:
AB458,36,2019 1. A controlled substance included in schedule I under ch. 961 other than a
20tetrahydrocannabinol.
AB458,36,2221 2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
22substance described in subd. 1.
AB458,36,2323 3. Cocaine or any of its metabolites.
AB458,36,2424 4. Methamphetamine.
AB458,36,2525 5. Delta-9-tetrahydrocannabinol.
AB458, s. 103
1Section 103. 967.055 (2) (a) of the statutes is amended to read:
AB458,37,212 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
3or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
4therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
5use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
6to the court. The application shall state the reasons for the proposed amendment or
7dismissal. The court may approve the application only if the court finds that the
8proposed amendment or dismissal is consistent with the public's interest in deterring
9the operation of motor vehicles by persons who are under the influence of an
10intoxicant, a controlled substance, a controlled substance analog or any combination
11of an intoxicant, controlled substance and controlled substance analog, under the
12influence of any other drug to a degree which renders him or her incapable of safely
13driving, or under the combined influence of an intoxicant and any other drug to a
14degree which renders him or her incapable of safely driving, in deterring the
15operation of motor vehicles by persons with a detectable amount of a restricted
16controlled substance in his or her blood,
or in deterring the operation of commercial
17motor vehicles by persons with an alcohol concentration of 0.04 or more. The court
18may not approve an application to amend the vehicle classification from a
19commercial motor vehicle to a noncommercial motor vehicle unless there is evidence
20in the record that the motor vehicle being operated by the defendant at the time of
21his or her arrest was not a commercial motor vehicle.
AB458, s. 104 22Section 104. Initial applicability.
AB458,38,323 (1) This act first applies to offenses committed and refusals occurring on the
24effective date of this subsection but does not preclude the counting of other
25convictions, suspensions, or revocations as prior convictions, suspensions, or

1revocations for purposes of administrative action by the department of
2transportation, sentencing by a court, or revocation or suspension of motor vehicle
3operating privileges.
AB458,38,44 (End)
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