Amendment SSA1-SB78

SB78-SSA1,12,3 (g) No person may sell pseudoephedrine liquid or pseudoephedrine gelcaps at retail except from a locked cabinet or behind a sales counter where the public is unable to reach the product and where the public is not permitted.

SB78-SSA1,12,5 (2) Offenses and penalties. (a) Any person who violates sub. (1) is guilty of a Class I felony.

SB78-SSA1,12,8 (b) Any person who acquires or obtains possession of pseudoephedrine liquid or pseudoephedrine gelcaps by misrepresentation, fraud, forgery, deception, or subterfuge is guilty of a Class H felony.

SB78-SSA1,12,10 (3) Defenses. (a) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under sub. (2) (a):

SB78-SSA1,12,11 1. The person did not knowingly or recklessly violate sub. (1).

SB78-SSA1,12,14 2. The person reported his or her own violation of sub. (1) to a law enforcement officer in the county or municipality in which the violation occurred within 30 days after the violation.

SB78-SSA1,12,16 (b) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under sub. (2) (a):

SB78-SSA1,12,17 1. The person did not knowingly or recklessly violate sub. (1).

SB78-SSA1,12,19 2. The acts or omissions constituting the violation of sub. (1) were the acts or omissions of one or more of the person's employees.

SB78-SSA1,12,22 3. The person provided training to each of those employees regarding the restrictions imposed under sub. (1) on the delivery of pseudoephedrine liquid or pseudoephedrine gelcaps.

SB78-SSA1,12,24 (c) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under sub. (2) (a) for a violation of sub. (1) (e):

SB78-SSA1,13,2 1. The purchaser presented an identification card that contained a name or address other than the person's own.

SB78-SSA1,13,5 2. The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser was the person depicted in the photograph contained in that identification card.

SB78-SSA1,13,8 3. The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and in the belief that the name and address of the purchaser were as listed on the identification card.

SB78-SSA1,13,10 (d) A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under sub. (2) (a) for a violation of sub. (1) (f):

SB78-SSA1,13,12 1. The purchaser presented an identification card that indicated that he or she was 18 years of age or older.

SB78-SSA1,13,14 2. The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser was 18 years of age or older.

SB78-SSA1,13,17 3. The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and in the belief that the purchaser was 18 years of age or older.

SB78-SSA1,13,21 (4) Record-keeping requirements. Records required under sub. (1) (c) may be kept in either a paper or electronic format and shall be maintained by the retailer for at least 5 years. Only the retailer or a law enforcement officer may have access to information recorded under sub. (1) (c).

SB78-SSA1, s. 42 Section 42. 961.65 of the statutes is created to read:

SB78-SSA1,14,4 961.65 Possessing materials for manufacturing methamphetamine. Except as authorized by this chapter, any person who possesses a methamphetamine precursor, red phosphorus, lithium metal, sodium metal, iodine, anhydrous ammonia, pressurized ammonia, or liquid nitrogen with intent to manufacture methamphetamine is guilty of a Class H felony. Possession of more than 8 grams of methamphetamine precursors shall be prima facie evidence of intent to manufacture methamphetamine.

SB78-SSA1, s. 43 Section 43. 973.01 (2) (c) 2. a. of the statutes is amended to read:

SB78-SSA1,14,6 973.01 (2) (c) 2. a. Sections 939.621, 939.632, 939.645, 961.46 (1), and 961.49.

SB78-SSA1, s. 44 Section 44. 973.017 (8) (a) 3. of the statutes is created to read:

SB78-SSA1,14,12 973.017 (8) (a) 3. When making a sentencing decision concerning a person convicted of violating s. 961.65, the court shall consider as an aggravating factor the fact that the person intended to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine to a prisoner within the precincts of any prison, jail, or house of correction.

SB78-SSA1, s. 45 Section 45. 973.017 (8) (c) of the statutes is created to read:

SB78-SSA1,14,18 973.017 (8) (c) When making a sentencing decision concerning a person convicted of violating s. 961.65, the court shall consider as an aggravating factor the fact that the person intended to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine and that the person knowingly used a public transit vehicle during the violation.

SB78-SSA1, s. 46 Section 46. Effective dates. This act takes effect on the day after publication, except as follows:

SB78-SSA1,14,22 (1) The treatment of sections 961.22 (3) (am), 961.23 (1) to (8), and 961.63 of the statutes takes effect on the first day of the 4th month beginning after publication.

SB78-SSA1,14,23 (End)