AB224,103 5Section 103. 343.32 (2) (bj) of the statutes is amended to read:
AB224,60,106 343.32 (2) (bj) The scale adopted by the secretary shall assess, for each
7conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a
8violation of s. 346.63 (2m) or (2p), and 3 demerit points for a violation of s. 346.63 (7)
9(a) 3. The scale adopted by the secretary shall not assess any demerit points for
10conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.
AB224,104 11Section 104. 344.576 (2) (b) of the statutes is amended to read:
AB224,60,1512 344.576 (2) (b) The damage occurs while the renter or authorized driver
13operates the private passenger vehicle in this state while under the influence of an
14intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or
15(2p)
.
AB224,105 16Section 105. 346.63 (1) (b) of the statutes is amended to read:
AB224,60,1817 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols
18concentration.
AB224,106 19Section 106. 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and
20amended to read:
AB224,61,221 346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant
22allegedly having a detectable amount of methamphetamine, or
23gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
24the defendant has a defense if he or she proves by a preponderance of the evidence
25that at the time of the incident or occurrence he or she had a valid prescription for

1methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
2acid, or.
AB224,61,7 32. In an action under par. (b) that is based on the defendant allegedly having
4a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
5or she proves by a preponderance of the evidence that at the time of the incident or
6occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
7he or she was a qualifying patient, as defined in s. 50.60 (6)
.
AB224,107 8Section 107. 346.63 (2) (a) 2. of the statutes is amended to read:
AB224,61,109 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols
10concentration.
AB224,108 11Section 108. 346.63 (2) (b) 1. of the statutes is amended to read:
AB224,61,2112 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense
13if he or she proves by a preponderance of the evidence that the injury would have
14occurred even if he or she had been exercising due care and he or she had not been
15under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance,
16a controlled substance analog or a combination thereof, under the influence of any
17other drug to a degree which renders him or her incapable of safely driving, or under
18the combined influence of an intoxicant and any other drug to a degree which renders
19him or her incapable of safely driving, did not have a prohibited alcohol or
20tetrahydrocannabinols
concentration described under par. (a) 2., or did not have a
21detectable amount of a restricted controlled substance in his or her blood.
AB224,109 22Section 109. 346.63 (2) (b) 2. of the statutes is amended to read:
AB224,62,423 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant
24allegedly having a detectable amount of methamphetamine, or
25gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,

1the defendant has a defense if he or she proves by a preponderance of the evidence
2that at the time of the incident or occurrence he or she had a valid prescription for
3methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
4acid, or.
AB224,62,9 53. In an action under par. (a) 2. that is based on the defendant allegedly having
6a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
7or she proves by a preponderance of the evidence that at the time of the incident or
8occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
9he or she was a qualifying patient, as defined in s. 50.60 (6)
.
AB224,110 10Section 110. 346.63 (2p) of the statutes is created to read:
AB224,62,1811 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70
12(2), the person may not drive or operate a motor vehicle while he or she has an
13tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One
14penalty for violation of this subsection is suspension of a person's operating privilege
15under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
16at any time. If a person arrested for a violation of this subsection refuses to take a
17test under s. 343.305, the refusal is a separate violation and the person is subject to
18revocation of the person's operating privilege under s. 343.305 (10) (em).
AB224,111 19Section 111. 346.65 (2m) (a) of the statutes is amended to read:
AB224,63,320 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
21(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
22review the record and consider the aggravating and mitigating factors in the matter.
23If the amount of alcohol in the person's blood or urine or the amount of a restricted
24controlled substance or tetrahydrocannabinols in the person's blood is known, the
25court shall consider that amount as a factor in sentencing. The chief judge of each

1judicial administrative district shall adopt guidelines, under the chief judge's
2authority to adopt local rules under SCR 70.34, for the consideration of aggravating
3and mitigating factors.
AB224,112 4Section 112. 346.65 (2q) of the statutes is amended to read:
AB224,63,85 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If
6there was a minor passenger under 16 years of age in the motor vehicle at the time
7of the violation that gave rise to the conviction under 346.63 (2m) or (2p), the person
8shall be fined $400.
AB224,113 9Section 113. 349.02 (2) (b) 4. of the statutes is amended to read:
AB224,63,1110 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
1166.0107 (1) (bm).
AB224,114 12Section 114. 349.03 (2m) of the statutes is amended to read:
AB224,63,1413 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
14for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB224,115 15Section 115. 349.06 (1m) of the statutes is amended to read:
AB224,63,1716 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license
17for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB224,116 18Section 116. 350.01 (10v) (a) of the statutes is amended to read:
AB224,63,2019 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961
20other than a tetrahydrocannabinol.
AB224,117 21Section 117. 350.01 (10v) (e) of the statutes is repealed.
AB224,118 22Section 118. 350.01 (21g) of the statutes is created to read:
AB224,63,2423 350.01 (21g) "Tetrahydrocannabinols concentration" has the meaning given in
24s. 23.33 (1) (k).
AB224,119 25Section 119. 350.101 (1) (bg) of the statutes is created to read:
AB224,64,3
1350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or
2above specified levels.
No person may engage in the operation of a snowmobile while
3the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB224,120 4Section 120. 350.101 (1) (cg) of the statutes is created to read:
AB224,64,85 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or
6above specified levels.
If a person has not attained the age of 21, the person may not
7engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols
8concentration of more than 0.0 but not more than 5.0.
AB224,121 9Section 121. 350.101 (1) (d) of the statutes is amended to read:
AB224,64,1810 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
11may proceed upon a complaint based upon a violation of any combination of par. (a),
12(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
13is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses
14shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg),
15or (bm) for acts arising out of the same incident or occurrence, there shall be a single
16conviction for purposes of sentencing and for purposes of counting convictions under
17s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a
18fact for conviction which the others do not require.
AB224,122 19Section 122. 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
20amended to read:
AB224,65,221 350.101 (1) (e) 1. In an action under par. (bm) that is based on the defendant
22allegedly having a detectable amount of methamphetamine, or
23gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
24the defendant has a defense if he or she proves by a preponderance of the evidence
25that at the time of the incident or occurrence he or she had a valid prescription for

1methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
2acid, or.
AB224,65,8 32. In an action under par. (bg) or (cg) that is based on the defendant allegedly
4having a prohibited tetrahydrocannabinols concentration, the defendant has a
5defense if he or she proves by a preponderance of the evidence that at the time of the
6incident or occurrence he or she had a valid prescription for

7delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.
850.60 (6)
.
AB224,123 9Section 123. 350.101 (2) (bg) of the statutes is created to read:
AB224,65,1210 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at
11or above specified levels.
No person who has a tetrahydrocannabinols concentration
12of 5.0 or more may cause injury to another person by the operation of a snowmobile.
AB224,124 13Section 124. 350.101 (2) (c) of the statutes is amended to read:
AB224,65,2314 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
15may proceed upon a complaint based upon a violation of any combination of par. (a),
16(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
17is charged with violating any combination of par. (a), (b), (bg), or (bm) in the
18complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
19of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident
20or occurrence, there shall be a single conviction for purposes of sentencing and for
21purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
22(bg), and (bm) each require proof of a fact for conviction which the others do not
23require.
AB224,125 24Section 125. 350.101 (2) (d) 1. of the statutes is amended to read:
AB224,66,6
1350.101 (2) (d) 1. In an action under this subsection, the defendant has a
2defense if he or she proves by a preponderance of the evidence that the injury would
3have occurred even if he or she had been exercising due care and he or she had not
4been under the influence of an intoxicant or did not have an alcohol concentration
5of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or more or a
6detectable amount of a restricted controlled substance in his or her blood.
AB224,126 7Section 126. 350.101 (2) (d) 2. of the statutes is amended to read:
AB224,66,148 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant
9allegedly having a detectable amount of methamphetamine, or
10gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
11the defendant has a defense if he or she proves by a preponderance of the evidence
12that at the time of the incident or occurrence he or she had a valid prescription for
13methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
14acid, or.
AB224,66,19 153. In an action under par. (bg) that is based on the defendant allegedly having
16a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
17or she proves by a preponderance of the evidence that at the time of the incident or
18occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
19he or she was a qualifying patient, as defined in s. 50.60 (6)
.
AB224,127 20Section 127. 350.104 (4) of the statutes is amended to read:
AB224,67,521 350.104 (4) Admissibility; effect of test results; other evidence. The results
22of a chemical test required or administered under sub. (1), (2) or (3) are admissible
23in any civil or criminal action or proceeding arising out of the acts committed by a
24person alleged to have violated the intoxicated snowmobiling law on the issue of
25whether the person was under the influence of an intoxicant or the issue of whether

1the person had alcohol or tetrahydrocannabinols concentrations at or above specified
2levels or a detectable amount of a restricted controlled substance in his or her blood.
3Results of these chemical tests shall be given the effect required under s. 885.235.
4This section does not limit the right of a law enforcement officer to obtain evidence
5by any other lawful means.
AB224,128 6Section 128. 350.11 (3) (d) of the statutes is amended to read:
AB224,67,167 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs,
8or tetrahydrocannabinols
; assessment. In addition to any other penalty or order, a
9person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or
10940.25 if the violation involves the operation of a snowmobile, shall be ordered by the
11court to submit to and comply with an assessment by an approved public treatment
12facility for an examination of the person's use of alcohol, controlled substances or
13controlled substance analogs, or tetrahydrocannabinols. The assessment order shall
14comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an
15assessment ordered under this paragraph constitutes contempt of court, punishable
16under ch. 785.
AB224,129 17Section 129. 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB224,67,2318 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
19legal custody and periods of physical placement, the court shall consider all facts
20relevant to the best interest of the child. The court may not prefer one parent or
21potential custodian over the other on the basis of the sex or race of the parent or
22potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider
23the following factors in making its determination:
AB224,130 24Section 130. 767.41 (5) (d) of the statutes is created to read:
AB224,68,7
1767.41 (5) (d) The court may not consider as a factor in determining the legal
2custody of a child whether a parent or potential custodian holds or has applied for
3a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject
4of a written certification, as defined in s. 50.60 (10), or is or has been a qualifying
5patient, as defined in s. 50.60 (6), or a primary caregiver, as defined in s. 50.60 (5),
6unless the parent or potential custodian's behavior creates an unreasonable danger
7to the child that can be clearly articulated and substantiated.
AB224,131 8Section 131. 767.451 (5m) (a) (intro.) of the statutes is amended to read:
AB224,68,129 767.451 (5m) (a) (intro.) Subject to pars. (b) and, (c), and (d) in all actions to
10modify legal custody or physical placement orders, the court shall consider the
11factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its
12determination in a manner consistent with s. 767.41.
AB224,132 13Section 132. 767.451 (5m) (d) of the statutes is created to read:
AB224,68,2114 767.451 (5m) (d) In an action to modify a legal custody order, the court may not
15consider as a factor in making a determination whether a parent or potential
16custodian holds, or has applied for, a registry identification card, as defined in s.
17146.44 (1) (h), is or has been the subject of a written certification, as defined in s.
1850.60 (10), or is or has been a qualifying patient, as defined in s. 50.60 (6), or a
19primary caregiver, as defined in s. 50.60 (5), unless the parent or potential
20custodian's behavior creates an unreasonable danger to the child that can be clearly
21articulated and substantiated.
AB224,133 22Section 133. 885.235 (1) (d) 1. of the statutes is amended to read:
AB224,68,2423 885.235 (1) (d) 1. A controlled substance included in schedule I under ch. 961
24other than a tetrahydrocannabinol.
AB224,134 25Section 134. 885.235 (1) (d) 5. of the statutes is repealed.
AB224,135
1Section 135. 885.235 (1) (e) of the statutes is created to read:
AB224,69,32 885.235 (1) (e) "Tetrahydrocannabinols concentration" has the meaning given
3in s. 23.33 (1) (k).
AB224,136 4Section 136. 885.235 (1g) (intro.) of the statutes is amended to read:
AB224,69,185 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove
6that a person was under the influence of an intoxicant or had a prohibited alcohol or
7tetrahydrocannabinols
concentration or a specified alcohol concentration while
8operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
9on duty time, while operating a motorboat, except a sailboat operating under sail
10alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
11terrain vehicle or while handling a firearm, evidence of the amount of alcohol or
12tetrahydrocannabinols
in the person's blood at the time in question, as shown by
13chemical analysis of a sample of the person's blood or urine or evidence of the amount
14of alcohol in the person's breath, is admissible on the issue of whether he or she was
15under the influence of an intoxicant or had a prohibited alcohol or
16tetrahydrocannabinols
concentration or a specified alcohol concentration if the
17sample was taken within 3 hours after the event to be proved. The chemical analysis
18shall be given effect as follows without requiring any expert testimony as to its effect:
AB224,137 19Section 137. 885.235 (1g) (ag) of the statutes is created to read:
AB224,69,2520 885.235 (1g) (ag) The fact that the analysis shows that the person had an
21tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant
22evidence on the issue of being under the combined influence of
23tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance
24analog, or any other drug, but, except as provided in sub. (1L), is not to be given any
25prima facie effect.
AB224,138
1Section 138. 885.235 (1g) (cg) of the statutes is created to read:
AB224,70,42 885.235 (1g) (cg) The fact that the analysis shows that the person had an
3tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he
4or she had an tetrahydrocannabinols concentration of 5.0 or more.
AB224,139 5Section 139. 885.235 (1L) of the statutes is created to read:
AB224,70,166 885.235 (1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63
7(2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the
8person's blood at the time in question, as shown by chemical analysis of a sample of
9the person's blood or urine, is admissible on the issue of whether he or she had a
10tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1130.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3
12hours after the event to be proved. The fact that the analysis shows that the person
13had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0
14is prima facie evidence that the person had a tetrahydrocannabinols concentration
15in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101
16(1) (cg).
AB224,140 17Section 140. 885.235 (1m) of the statutes is amended to read:
AB224,71,418 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63
19(2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood
20at the time in question, as shown by chemical analysis of a sample of the person's
21blood or urine or evidence of the amount of alcohol in the person's breath, is
22admissible on the issue of whether he or she had an alcohol concentration in the
23range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1)
24(c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken
25within 3 hours after the event to be proved. The fact that the analysis shows that

1the person had an alcohol concentration of more than 0.0 but not more than 0.08 is
2prima facie evidence that the person had an alcohol concentration in the range
3specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an
4alcohol concentration above 0.0 under s. 346.63 (7).
AB224,141 5Section 141. 885.235 (4) of the statutes is amended to read:
AB224,71,166 885.235 (4) The provisions of this section relating to the admissibility of
7chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or
8for determining whether a person had a detectable amount of a restricted controlled
9substance in his or her blood shall not be construed as limiting the introduction of
10any other competent evidence bearing on the question of whether or not a person was
11under the influence of an intoxicant, had a detectable amount of a restricted
12controlled substance in his or her blood, had a specified alcohol or
13tetrahydrocannabinols
concentration, or had an alcohol concentration in the range
14specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m) or 350.101 (1) (c), or had
15a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1630.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg)
.
AB224,142 17Section 142. 895.047 (3) (a) of the statutes is amended to read:
AB224,71,2418 895.047 (3) (a) If the defendant proves by clear and convincing evidence that
19at the time of the injury the claimant was under the influence of any controlled
20substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
21(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or
22a tetrahydrocannabinols concentration, as defined in s. 233.33 (1) (k), of 5.0 or more
,
23there shall be a rebuttable presumption that the claimant's intoxication or drug use
24was the cause of his or her injury.
AB224,143 25Section 143. 905.04 (4) (f) of the statutes is amended to read:
AB224,72,4
1905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results
2of or circumstances surrounding any chemical tests for intoxication or for alcohol
3concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration,
4as defined in s. 23.33 (1) (k)
.
AB224,144 5Section 144. 939.22 (33) (a) of the statutes is amended to read:
AB224,72,76 939.22 (33) (a) A controlled substance included in schedule I under ch. 961
7other than a tetrahydrocannabinol.
AB224,145 8Section 145. 939.22 (33) (e) of the statutes is repealed.
AB224,146 9Section 146. 939.22 (39g) of the statutes is created to read:
AB224,72,1110 939.22 (39g) "Tetrahydrocannabinols concentration" has the meaning given in
11s. 23.33 (1) (k).
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