AB810: Bill Text

AB810,103 Section 103. 350.101 (1) (bg) of the statutes is created to read:

AB810,46,19 350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or above specified levels. No person may engage in the operation of a snowmobile while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,104 Section 104. 350.101 (1) (cg) of the statutes is created to read:

AB810,46,24 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or above specified levels. If a person has not attained the age of 21, the person may not engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0.

AB810,105 Section 105. 350.101 (1) (d) of the statutes is amended to read:

AB810,47,9 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a fact for conviction which the others do not require.

AB810,106 Section 106. 350.101 (1) (e) of the statutes is amended to read:

AB810,47,19 350.101 (1) (e) Defenses. In an action under par. (bm) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or in an action under par. (bg) or (cg) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB810,107 Section 107. 350.101 (2) (bg) of the statutes is created to read:

AB810,47,23 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at or above specified levels. No person who has a tetrahydrocannabinols concentration of 5.0 or more may cause injury to another person by the operation of a snowmobile.

AB810,108 Section 108. 350.101 (2) (c) of the statutes is amended to read:

AB810,48,10 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), (bg), or (bm) in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a fact for conviction which the others do not require.

AB810,109 Section 109. 350.101 (2) (d) 1. of the statutes is amended to read:

AB810,48,17 350.101 (2) (d) 1. In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or more or a detectable amount of a restricted controlled substance in his or her blood.

AB810,110 Section 110. 350.101 (2) (d) 2. of the statutes is amended to read:

AB810,49,2 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or in an action under par. (bg) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB810,111 Section 111. 350.104 (4) of the statutes is amended to read:

AB810,49,13 350.104 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2) or (3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated snowmobiling law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB810,112 Section 112. 350.11 (3) (d) of the statutes is amended to read:

AB810,49,24 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols; assessment. In addition to any other penalty or order, a person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB810,113 Section 113. 885.235 (1) (d) 1. of the statutes is amended to read:

AB810,50,2 885.235 (1) (d) 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB810,114 Section 114. 885.235 (1) (d) 5. of the statutes is repealed.

AB810,115 Section 115. 885.235 (1) (e) of the statutes is created to read:

AB810,50,6 885.235 (1) (e) "Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

AB810,116 Section 116. 885.235 (1g) (intro.) of the statutes is amended to read:

AB810,50,21 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove that a person was under the influence of an intoxicant or had a prohibited alcohol or tetrahydrocannabinols concentration or a specified alcohol concentration while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle or utility terrain vehicle or while handling a firearm, evidence of the amount of alcohol or tetrahydrocannabinols in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she was under the influence of an intoxicant or had a prohibited alcohol or tetrahydrocannabinols concentration or a specified alcohol concentration if the sample was taken within 3 hours after the event to be proved. The chemical analysis shall be given effect as follows without requiring any expert testimony as to its effect:

AB810,117 Section 117. 885.235 (1g) (ag) of the statutes is created to read:

AB810,51,3 885.235 (1g) (ag) The fact that the analysis shows that the person had an tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant evidence on the issue of being under the combined influence of tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance analog, or any other drug, but, except as provided in sub. (1L), is not to be given any prima facie effect.

AB810,118 Section 118. 885.235 (1g) (cg) of the statutes is created to read:

AB810,51,7 885.235 (1g) (cg) The fact that the analysis shows that the person had an tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he or she had an tetrahydrocannabinols concentration of 5.0 or more.

AB810,119 Section 119. 885.235 (1L) of the statutes is created to read:

AB810,51,19 885.235 (1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine, is admissible on the issue of whether he or she had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0 is prima facie evidence that the person had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).

AB810,120 Section 120. 885.235 (1m) of the statutes is amended to read:

AB810,52,7 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.08 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

AB810,121 Section 121. 885.235 (4) of the statutes is amended to read:

AB810,52,19 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or for determining whether a person had a detectable amount of a restricted controlled substance in his or her blood shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a detectable amount of a restricted controlled substance in his or her blood, had a specified alcohol or tetrahydrocannabinols concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m) or 350.101 (1) (c), or had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).

AB810,122 Section 122. 895.047 (3) (a) of the statutes is amended to read:

AB810,53,2 895.047 (3) (a) If the defendant proves by clear and convincing evidence that at the time of the injury the claimant was under the influence of any controlled substance or controlled substance analog to the extent prohibited under s. 346.63 (1) (a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or a tetrahydrocannabinols concentration, as defined in s. 233.33 (1) (k), of 5.0 or more, there shall be a rebuttable presumption that the claimant's intoxication or drug use was the cause of his or her injury.

AB810,123 Section 123. 905.04 (4) (f) of the statutes is amended to read:

AB810,53,7 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results of or circumstances surrounding any chemical tests for intoxication or for alcohol concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k).

AB810,124 Section 124. 939.22 (33) (a) of the statutes is amended to read:

AB810,53,10 939.22 (33) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB810,125 Section 125. 939.22 (33) (e) of the statutes is repealed.

AB810,126 Section 126. 939.22 (39g) of the statutes is created to read:

AB810,53,14 939.22 (39g) "Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

AB810,127 Section 127. 940.09 (1) (bg) of the statutes is created to read:

AB810,53,17 940.09 (1) (bg) Causes the death of another by the operation or handling of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,128 Section 128. 940.09 (1) (dg) of the statutes is created to read:

AB810,53,21 940.09 (1) (dg) Causes the death of an unborn child by the operation or handling of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,129 Section 129. 940.09 (1g) (bg) of the statutes is created to read:

AB810,53,25 940.09 (1g) (bg) Causes the death of another by the operation or handling of a firearm or airgun while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,130 Section 130. 940.09 (1g) (dg) of the statutes is created to read:

AB810,54,4 940.09 (1g) (dg) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,131 Section 131. 940.09 (1m) (a) of the statutes is amended to read:

AB810,54,11 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of sub. (1) (c), (cm), or (d), or (dg); any combination of sub. (1) (c), (cm), (dg), or (e); any combination of sub. (1g) (a), (am), or (b), or (bg) or; any combination of sub. (1g) (c), (cm), or (d), or (dg) for acts arising out of the same incident or occurrence.

AB810,132 Section 132. 940.09 (1m) (b) of the statutes is amended to read:

AB810,54,22 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (bg), (c), (cm), and (d), and (dg) each require proof of a fact for conviction which the others do not require.

AB810,133 Section 133. 940.09 (2) (a) of the statutes is amended to read:

AB810,55,5 940.09 (2) (a) In any action under this section, the defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, did not have a tetrahydrocannabinols concentration of 5.0 or greater, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).

AB810,134 Section 134. 940.09 (2) (b) of the statutes is amended to read:

AB810,55,16 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that is based on the defendant allegedly having a detectable amount of methamphetamine or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol in his or her blood or in any action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is that is based on the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol.

AB810,135 Section 135. 940.25 (1) (bg) of the statutes is created to read:

AB810,55,20 940.25 (1) (bg) Causes great bodily harm to another human being by the operation of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,136 Section 136. 940.25 (1) (dg) of the statutes is created to read:

AB810,55,24 940.25 (1) (dg) Causes great bodily harm to an unborn child by the operation of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB810,137 Section 137. 940.25 (1m) of the statutes is amended to read:

AB810,56,5 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of sub. (1) (c), (cm), or (d), or (dg); or any combination of sub. (1) (c), (cm), (dg), or (e) for acts arising out of the same incident or occurrence.

AB810,56,13 (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others do not require.

AB810,138 Section 138. 940.25 (2) of the statutes is amended to read:

AB810,56,21 940.25 (2) (a) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, did not have a tetrahydrocannabinols concentration of 5.0 or greater, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e).

AB810,57,4 (b) In any action under this section that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or in any action under this section that is based on the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB810,139 Section 139. 941.20 (1) (bg) of the statutes is created to read:

AB810,57,10 941.20 (1) (bg) Operates or goes armed with a firearm while he or she has a tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a defense to any action under this paragraph if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol.

AB810,140 Section 140. 941.20 (1) (bm) of the statutes is amended to read:

AB810,57,20 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB810,141 Section 141. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended to read:

AB810,58,8 961.70 (3) "Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not, with a concentration of tetrahydrocannabinols that is greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. "Marijuana" does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

AB810,142 Section 142. 961.14 (4) (t) of the statutes is repealed.

AB810,143 Section 143. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as renumbered, is amended to read:

AB810,58,12 961.75 (title) Controlled substances Marijuana therapeutic research.

AB810,144 Section 144. 961.41 (1) (h) of the statutes is repealed.

AB810,145 Section 145. 961.41 (1m) (h) of the statutes is repealed.

AB810,146 Section 146. 961.41 (1q) of the statutes is repealed.

AB810,147 Section 147. 961.41 (1r) of the statutes is amended to read:

AB810,59,2 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or 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. 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.

AB810,148 Section 148. 961.41 (3g) (c) of the statutes is amended to read:

AB810,59,13 961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB810,149 Section 149. 961.41 (3g) (d) of the statutes is amended to read: