AB183: Bill Text

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB183, s. 1 Section 1. 101.10 (title) of the statutes is amended to read:

AB183,4,3 101.10 (title) Storage and handling of anhydrous ammonia; theft of liquid nitrogen, anhydrous ammonia, and anhydrous ammonia equipment.

AB183, s. 2 Section 2. 101.10 (3) (e) of the statutes is amended to read:

AB183,4,9 101.10 (3) (e) Intentionally take, carry away, use, conceal, or retain possession of liquid nitrogen, anhydrous ammonia belonging to another, or anhydrous ammonia equipment belonging to another, without the other's consent and with intent to deprive the owner permanently of possession of the liquid nitrogen, anhydrous ammonia, or anhydrous ammonia equipment.

AB183, s. 3 Section 3. 101.10 (3) (f) of the statutes is created to read:

AB183,4,14 101.10 (3) (f) Intentionally release or allow the escape of anhydrous ammonia belonging to another into the atmosphere. This paragraph does not apply if the owner has authorized the actor to exercise control over the anhydrous ammonia or has consented to its release.

AB183, s. 4 Section 4. 111.335 (1) (cs) 5. of the statutes is created to read:

AB183,5,4 111.335 (1) (cs) 5. Possessing any of the materials listed in s. 961.437 (2m) with intent to manufacture methamphetamine under that subsection or under a federal law or a law of another state that is substantially similar to s. 961.437 (2m).

AB183, s. 5 Section 5. 125.12 (2) (ag) 5m. of the statutes is created to read:

AB183,5,9 125.12 (2) (ag) 5m. The person has been convicted of possessing any of the materials listed in s. 961.437 (2m) with intent to manufacture methamphetamine under that subsection or under a federal law or a law of another state that is substantially similar to s. 961.437 (2m).

AB183, s. 6 Section 6. 125.12 (2) (ag) 6m. of the statutes is created to read:

AB183,5,14 125.12 (2) (ag) 6m. The person knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess any of the materials listed in s. 961.437 (2m) with the intent to manufacture methamphetamine.

AB183, s. 7 Section 7. 125.12 (4) (ag) 7m. of the statutes is created to read:

AB183,5,19 125.12 (4) (ag) 7m. That the licensee has been convicted of possessing any of the materials listed in s. 961.437 (2m) with intent to manufacture methamphetamine under that subsection or under a federal law or a law of another state that is substantially similar to s. 961.437 (2m).

AB183, s. 8 Section 8. 125.12 (4) (ag) 8m. of the statutes is created to read:

AB183,5,24 125.12 (4) (ag) 8m. That the licensee knowingly allows another person, who is on the premises for which the license under this chapter is issued, to possess any of the materials listed in s. 961.437 (2m) with the intent to manufacture methamphetamine.

AB183, s. 9 Section 9. 895.555 (title) of the statutes is amended to read:

AB183,6,2 895.555 (title) Liability exemption; anhydrous ammonia and liquid nitrogen.

AB183, s. 10 Section 10. 895.555 (1) of the statutes is amended to read:

AB183,6,10 895.555 (1) Liability exemption. Except as provided under sub. (2), any person who owns, maintains, or installs anhydrous ammonia equipment, as defined in s. 101.10 (1) (b), or who uses anhydrous ammonia or liquid nitrogen for any legal purpose is immune from any civil liability for acts or omissions relating to the anhydrous ammonia equipment or to anhydrous ammonia or liquid nitrogen that cause damage or injury to an individual, if that damage or injury occurs during the individual's violation of s. 101.10 (3) (c), (d), or (e), or (f).

AB183, s. 11 Section 11. 938.34 (14s) (am) (intro.) of the statutes is amended to read:

AB183,6,14 938.34 (14s) (am) (intro.) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated s. 961.41 (1) or (1m) or 961.437 (2m), the court shall order one of the following penalties:

AB183, s. 12 Section 12. 939.32 (1) (g) of the statutes is created to read:

AB183,6,17 939.32 (1) (g) Whoever attempts to commit a crime under s. 101.10 (3) (e) is subject to the penalty for the completed act, as provided in s. 101.10 (4) (b).

AB183, s. 13 Section 13. 939.62 (2m) (a) 2m. am. of the statutes is created to read:

AB183,6,19 939.62 (2m) (a) 2m. am. A crime under s. 961.437 (2m).

AB183, s. 14 Section 14. 939.62 (2m) (a) 2m. d. of the statutes is amended to read:

AB183,6,23 939.62 (2m) (a) 2m. d. A crime at any time under federal law or the law of any other state or, prior to April 28, 1994, under the law of this state that is comparable to a crime specified in subd. 2m. a., am., b., or c.

AB183, s. 15 Section 15. 939.62 (2m) (d) of the statutes is amended to read:

AB183,7,6 939.62 (2m) (d) If a prior conviction is being considered as being covered under par. (a) 1m. b., or 2m. d. as comparable to a felony specified under par. (a) 1m. a. or 2m. a., am., b., or c., the conviction may be counted as a prior conviction under par. (b) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction would constitute a felony specified under par. (a) 1m. a. or 2m. a., am., b., or c. if committed by an adult in this state.

AB183, s. 16 Section 16. 948.015 (6) of the statutes is amended to read:

AB183,7,11 948.015 (6) Sections 961.01 (6) and (9) and Section 961.49, relating to delivering and distributing offenses involving an intent to deliver or distribute controlled substances or controlled substance analogs to children at or near certain places.

AB183, s. 17 Section 17. 961.01 (14f) of the statutes is created to read:

AB183,7,16 961.01 (14f) "Methamphetamine precursor" means ephedrine, pseudoephedrine hydrochloride, phenylpropanolamine, or any of their salts, isomers, and salts of isomers that are theoretically possible within the specific chemical designation.

AB183, s. 18 Section 18. 961.22 (3) (b) of the statutes is created to read:

AB183,7,19 961.22 (3) (b) Pseudoephedrine hydrochloride. This paragraph does not apply under any of the following circumstances:

AB183,7,21 1. The pseudoephedrine hydrochloride is in a product that contains therapeutically significant quantities of another active medicinal ingredient.

AB183,7,22 2. The pseudoephedrine hydrochloride is in a liquid or a soft gelatin capsule.

AB183,7,25 3. The controlled substances board has determined, by rule, that the pseudoephedrine hydrochloride cannot be used readily in the manufacture of methamphetamine.

AB183, s. 19 Section 19. 961.23 (4) of the statutes is amended to read:

AB183,8,8 961.23 (4) That any person purchasing such a substance at the time of purchase present to the seller that person's correct name and, address, and, if the person is purchasing a product to which s. 961.22 (3) (b) applies, an identification card containing the person's photograph. The seller shall record the name and address and the name and quantity of the product sold. The purchaser and the seller shall sign the record of this transaction. The giving of a false name or false address by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).

AB183, s. 20 Section 20. 961.23 (5) of the statutes is amended to read:

AB183,8,13 961.23 (5) That no person may purchase more than 8 ounces of a product containing opium or more than 4 ounces of a product containing any other schedule V substance other than pseudoephedrine hydrochloride within a 48-hour period without the authorization of a physician, dentist, or veterinarian nor.

AB183,8,19 (6) That no person other than a physician, dentist, veterinarian, or pharmacist may possess more than 8 ounces of a product containing opium or more than 4 ounces of a product containing any other schedule V substance be in the possession of any person other than a physician, dentist, veterinarian or pharmacist other than pseudoephedrine hydrochloride at any time without the authorization of a physician, dentist, or veterinarian.

AB183, s. 21 Section 21. 961.23 (7) of the statutes is created to read:

AB183,8,24 961.23 (7) That no person other than a physician, dentist, veterinarian, or pharmacist may purchase more than 9 grams of a product to which s. 961.22 (3) (b) applies within a 30-day period without the authorization of a physician, dentist, or veterinarian.

AB183, s. 22 Section 22. 961.41 (1r) of the statutes is amended to read:

AB183,9,11 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), and s. 961.437 (2m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methamphetamine precursors, 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, or methamphetamine precursor. 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.

AB183, s. 23 Section 23. 961.437 (title) of the statutes is amended to read:

AB183,9,14 961.437 (title) Possession and disposal of Materials used in and waste produced from manufacture of methamphetamine.

AB183, s. 24 Section 24. 961.437 (1) (title) of the statutes is created to read:

AB183,9,16 961.437 (1) (title) Definitions.

AB183, s. 25 Section 25. 961.437 (2) of the statutes is renumbered 961.437 (3m) (a).

AB183, s. 26 Section 26. 961.437 (2m) of the statutes is created to read:

AB183,9,25 961.437 (2m) Materials used in manufacture of 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 24 grams of methamphetamine precursors shall be prima facie evidence of intent to manufacture methamphetamine.

AB183, s. 27 Section 27. 961.437 (3) of the statutes is renumbered 961.437 (3m) (b), and 961.437 (3m) (b) (intro.) and 2., as renumbered, are amended to read:

AB183,10,5 961.437 (3m) (b) (intro.) Subsection (2) Paragraph (a) does not apply to a person who possesses or disposes of methamphetamine manufacturing waste under all of the following circumstances:

AB183,10,7 2. The methamphetamine manufacturing waste had previously been possessed or disposed of by another person in violation of sub. (2) par. (a).

AB183, s. 28 Section 28. 961.437 (3m) (title) of the statutes is created to read:

AB183,10,9 961.437 (3m) (title) Waste from manufacture of methamphetamine.

AB183, s. 29 Section 29. 961.437 (4) of the statutes is renumbered 961.437 (3m) (c), and 961.437 (3m) (c) (intro.), as renumbered, is amended to read:

AB183,10,13 961.437 (3m) (c) (intro.) A person who violates sub. (2) par. (a) is subject to the following penalties:

AB183, s. 30 Section 30. 961.437 (5) of the statutes is renumbered 961.437 (3m) (d) and amended to read:

AB183,10,17 961.437 (3m) (d) Each day of a continuing violation of sub. (2) par. (a) 1. or (b) 2. constitutes a separate offense.

AB183, s. 31 Section 31. 961.46 of the statutes is renumbered 961.46 (1) and amended to read:

AB183,10,24 961.46 (1) If Except as provided in sub. (2), if a person violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB183, s. 32 Section 32. 961.46 (2) of the statutes is created to read:

AB183,11,4 961.46 (2) Notwithstanding s. 961.41 (1) (e), if a person violates s. 961.41 (1) by distributing or delivering methamphetamine or a controlled substance analog of methamphetamine to a person 17 years of age or under who is at least 2 years his or her junior, the person is guilty of a Class B felony.

AB183, s. 33 Section 33. 961.49 (title) of the statutes is amended to read:

AB183,11,8 961.49 (title) Distribution of or possession with Offenses involving intent to deliver or distribute a controlled substance on or near certain places.

AB183, s. 34 Section 34. 961.49 of the statutes is renumbered 961.49 (1m).

AB183, s. 35 Section 35. 961.49 (2m) of the statutes is created to read:

AB183,11,15 961.49 (2m) If any person violates s. 961.437 (2m) with intent to deliver or distribute methamphetamine or a controlled substance analog of methamphetamine and the delivery, distribution, or possession takes place under any of the circumstances listed under sub. (1m) (a), (b), (c), or (d), the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years.

AB183, s. 36 Section 36. 973.01 (2) (c) 2. a. of the statutes is amended to read:

AB183,11,17 973.01 (2) (c) 2. a. Sections 939.621, 939.632, 939.645, 961.46 (1), and 961.49.

AB183, s. 37 Section 37. 973.017 (8) (a) 3. of the statutes is created to read:

AB183,11,23 973.017 (8) (a) 3. When making a sentencing decision concerning a person convicted of violating s. 961.437 (2m), 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.

AB183, s. 38 Section 38. 973.017 (8) (c) of the statutes is created to read:

AB183,12,5 973.017 (8) (c) When making a sentencing decision concerning a person convicted of violating s. 961.437 (2m), 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.

AB183,12,6 (End)