AB56-SA12,186
13Section
186. 350.11 (3) (a) 3. of the statutes is amended to read:
AB56-SA12,90,1814
350.11
(3) (a) 3. A person who violates s. 350.101 (1) (a), (b),
(bg), or (bm) or
15350.104 (5) and who, within 5 years prior to the arrest for the current violation, was
16convicted 2 or more times previously under the intoxicated snowmobiling law or
17refusal law shall be fined not less than $600 nor more than $2,000 and shall be
18imprisoned not less than 30 days nor more than one year in the county jail.
AB56-SA12,187
19Section
187. 350.11 (3) (a) 4. of the statutes is amended to read:
AB56-SA12,90,2120
350.11
(3) (a) 4. A person who violates s. 350.101 (1) (c)
or (cg) or 350.104 (5)
21and who has not attained the age of 19 shall forfeit not more than $50.
AB56-SA12,188
22Section
188. 350.11 (3) (d) of the statutes is amended to read:
AB56-SA12,91,723
350.11
(3) (d)
Alcohol, controlled substances or controlled substance analogs,
24or tetrahydrocannabinols; assessment. In addition to any other penalty or order, a
25person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or
1940.25 if the violation involves the operation of a snowmobile, shall be ordered by the
2court to submit to and comply with an assessment by an approved public treatment
3facility for an examination of the person's use of alcohol, controlled substances or
4controlled substance analogs
, or tetrahydrocannabinols. The assessment order shall
5comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an
6assessment ordered under this paragraph constitutes contempt of court, punishable
7under ch. 785.
AB56-SA12,189
8Section
189. 609.83 of the statutes is amended to read:
AB56-SA12,91,11
9609.83 Coverage of drugs and devices. Limited service health
10organizations, preferred provider plans, and defined network plans are subject to ss.
11632.853 and 632.895
(16p) and (16t).
AB56-SA12,190
12Section
190. 632.895 (16p) of the statutes is created to read:
AB56-SA12,91,1413
632.895
(16p) Medical use of marijuana. (a) In this subsection, “medical use
14of tetrahydrocannabinols” has the meaning given in s. 50.80 (4).
AB56-SA12,91,1915
(b) Every disability insurance policy and every self-insured health plan of the
16state or of a county, city, town, village, or school district that provides coverage of
17prescription drugs and devices shall provide coverage for the medical use of
18tetrahydrocannabinols in accordance with subch. VI of ch. 50 and any equipment or
19supplies necessary for the medical use of tetrahydrocannabinols.
AB56-SA12,91,2220
(c) Coverage under par. (b) may be subject only to the exclusions, limitations,
21and cost-sharing provisions that apply generally to the coverage of prescription
22drugs or devices that is provided under the policy or self-insured health plan.
AB56-SA12,191
23Section
191. 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB56-SA12,92,424
767.41
(5) (am) (intro.) Subject to pars. (bm)
and, (c),
and (d), in determining
25legal custody and periods of physical placement, the court shall consider all facts
1relevant to the best interest of the child. The court may not prefer one parent or
2potential custodian over the other on the basis of the sex or race of the parent or
3potential custodian. Subject to pars. (bm)
and, (c),
and (d), the court shall consider
4the following factors in making its determination:
AB56-SA12,192
5Section
192. 767.41 (5) (d) of the statutes is created to read:
AB56-SA12,92,126
767.41
(5) (d) The court may not consider as a factor in determining the legal
7custody of a child whether a parent or potential custodian holds or has applied for
8a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject
9of a written certification, as defined in s. 50.80 (10), or is or has been a qualifying
10patient, as defined in s. 50.80 (6), or a primary caregiver, as defined in s. 50.80 (5),
11unless the parent or potential custodian's behavior creates an unreasonable danger
12to the child that can be clearly articulated and substantiated.
AB56-SA12,193
13Section
193. 767.451 (5m) (a) of the statutes is amended to read:
AB56-SA12,92,1714
767.451
(5m) (a) Subject to pars. (b)
and, (c),
and (d) in all actions to modify
15legal custody or physical placement orders, the court shall consider the factors under
16s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
17a manner consistent with s. 767.41.
AB56-SA12,194
18Section
194. 767.451 (5m) (d) of the statutes is created to read:
AB56-SA12,93,219
767.451
(5m) (d) In an action to modify a legal custody order, the court may not
20consider as a factor in making a determination whether a parent or potential
21custodian holds or has applied for a registry identification card, as defined in s.
22146.44 (1) (h), is or has been the subject of a written certification, as defined in s.
2350.80 (10), or is or has been a qualifying patient, as defined in s. 50.80 (6), or a
24primary caregiver, as defined in s. 50.80 (5), unless the parent or potential
1custodian's behavior creates an unreasonable danger to the child that can be clearly
2articulated and substantiated.
AB56-SA12,195
3Section
195. 885.235 (1) (d) 1. of the statutes is amended to read:
AB56-SA12,93,54
885.235
(1) (d) 1. A controlled substance included in schedule I under ch. 961
5other than a tetrahydrocannabinol.
AB56-SA12,196
6Section
196. 885.235 (1) (d) 5. of the statutes is repealed.
AB56-SA12,197
7Section
197. 885.235 (1) (e) of the statutes is created to read:
AB56-SA12,93,98
885.235
(1) (e) “Tetrahydrocannabinols concentration" has the meaning given
9in s. 23.33 (1) (k).
AB56-SA12,198
10Section
198. 885.235 (1g) (intro.) of the statutes is amended to read:
AB56-SA12,93,2411
885.235
(1g) (intro.) In any action or proceeding in which it is material to prove
12that a person was under the influence of an intoxicant or had a prohibited alcohol
or
13tetrahydrocannabinols concentration or a specified alcohol concentration while
14operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
15on duty time, while operating a motorboat, except a sailboat operating under sail
16alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
17terrain vehicle or while handling a firearm, evidence of the amount of alcohol
or
18tetrahydrocannabinols in the person's blood at the time in question, as shown by
19chemical analysis of a sample of the person's blood or urine or evidence of the amount
20of alcohol in the person's breath, is admissible on the issue of whether he or she was
21under the influence of an intoxicant or had a prohibited alcohol
or
22tetrahydrocannabinols concentration or a specified alcohol concentration if the
23sample was taken within 3 hours after the event to be proved. The chemical analysis
24shall be given effect as follows without requiring any expert testimony as to its effect:
AB56-SA12,199
25Section
199. 885.235 (1g) (ag) of the statutes is created to read:
AB56-SA12,94,6
1885.235
(1g) (ag) The fact that the analysis shows that the person had a
2tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant
3evidence on the issue of being under the combined influence of
4tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance
5analog, or any other drug, but, except as provided in sub. (1L), is not to be given any
6prima facie effect.
AB56-SA12,200
7Section
200. 885.235 (1g) (cg) of the statutes is created to read:
AB56-SA12,94,108
885.235
(1g) (cg) The fact that the analysis shows that the person had a
9tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he
10or she had a tetrahydrocannabinols concentration of 5.0 or more.
AB56-SA12,201
11Section
201. 885.235 (1L) of the statutes is created to read:
AB56-SA12,94,2212
885.235
(1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63
13(2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the
14person's blood at the time in question, as shown by chemical analysis of a sample of
15the person's blood or urine, is admissible on the issue of whether he or she had a
16tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1730.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3
18hours after the event to be proved. The fact that the analysis shows that the person
19had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0
20is prima facie evidence that the person had a tetrahydrocannabinols concentration
21in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101
22(1) (cg).
AB56-SA12,202
23Section
202. 885.235 (1m) of the statutes is amended to read:
AB56-SA12,95,1024
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681
25(1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the
1person's blood at the time in question, as shown by chemical analysis of a sample of
2the person's blood or urine or evidence of the amount of alcohol in the person's breath,
3is admissible on the issue of whether he or she had an alcohol concentration in the
4range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m),
5or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the
6sample was taken within 3 hours after the event to be proved. The fact that the
7analysis shows that the person had an alcohol concentration of more than 0.0 but not
8more than 0.08 is prima facie evidence that the person had an alcohol concentration
9in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63
10(2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
AB56-SA12,203
11Section
203. 885.235 (4) of the statutes is amended to read:
AB56-SA12,95,2212
885.235
(4) The provisions of this section relating to the admissibility of
13chemical tests for alcohol
or tetrahydrocannabinols concentration or intoxication or
14for determining whether a person had a detectable amount of a restricted controlled
15substance in his or her blood shall not be construed as limiting the introduction of
16any other competent evidence bearing on the question of whether or not a person was
17under the influence of an intoxicant, had a detectable amount of a restricted
18controlled substance in his or her blood, had a specified alcohol
or
19tetrahydrocannabinols concentration, or had an alcohol concentration in the range
20specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m), or
21350.101 (1) (c)
, or had a tetrahydrocannabinols concentration in the range specified
22in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).
AB56-SA12,204
23Section
204. 895.047 (3) (a) of the statutes is amended to read:
AB56-SA12,96,524
895.047
(3) (a) If the defendant proves by clear and convincing evidence that
25at the time of the injury the claimant was under the influence of any controlled
1substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
2(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more
or
3a tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k), of 5.0 or more,
4there shall be a rebuttable presumption that the claimant's intoxication or drug use
5was the cause of his or her injury.
AB56-SA12,205
6Section
205. 905.04 (4) (f) of the statutes is amended to read:
AB56-SA12,96,107
905.04
(4) (f)
Tests for intoxication. There is no privilege concerning the results
8of or circumstances surrounding any chemical tests for intoxication or
for alcohol
9concentration, as defined in s. 340.01 (1v)
, or tetrahydrocannabinols concentration,
10as defined in s. 23.33 (1) (k).
AB56-SA12,206
11Section
206. 939.22 (33) (a) of the statutes is amended to read:
AB56-SA12,96,1312
939.22
(33) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.
AB56-SA12,207
14Section
207. 939.22 (33) (e) of the statutes is repealed.
AB56-SA12,208
15Section
208. 939.22 (39g) of the statutes is created to read:
AB56-SA12,96,1716
939.22
(39g) “Tetrahydrocannabinols concentration" has the meaning given in
17s. 23.33 (1) (k).
AB56-SA12,209
18Section
209. 940.09 (1) (bg) of the statutes is created to read:
AB56-SA12,96,2019
940.09
(1) (bg) Causes the death of another by the operation or handling of a
20vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB56-SA12,210
21Section
210. 940.09 (1) (dg) of the statutes is created to read:
AB56-SA12,96,2422
940.09
(1) (dg) Causes the death of an unborn child by the operation or
23handling of a vehicle while the person has a tetrahydrocannabinols concentration of
245.0 or more.
AB56-SA12,211
25Section
211. 940.09 (1g) (bg) of the statutes is created to read:
AB56-SA12,97,3
1940.09
(1g) (bg) Causes the death of another by the operation or handling of
2a firearm or airgun while the person has a tetrahydrocannabinols concentration of
35.0 or more.
AB56-SA12,212
4Section
212. 940.09 (1g) (dg) of the statutes is created to read:
AB56-SA12,97,75
940.09
(1g) (dg) Causes the death of an unborn child by the operation or
6handling of a firearm or airgun while the person has a tetrahydrocannabinols
7concentration of 5.0 or more.
AB56-SA12,213
8Section
213. 940.09 (1m) (a) of the statutes is amended to read:
AB56-SA12,97,149
940.09
(1m) (a) A person may be charged with and a prosecutor may proceed
10upon an information based upon a violation of any combination of sub. (1) (a), (am),
11or (b)
, or (bg); any combination of sub. (1) (a), (am),
(bg), or (bm); any combination of
12sub. (1) (c), (cm),
or (d)
, or (dg); any combination of sub. (1) (c), (cm),
(dg), or (e); any
13combination of sub. (1g) (a), (am),
or (b)
, or (bg); or any combination of sub. (1g) (c),
14(cm),
or (d)
, or (dg) for acts arising out of the same incident or occurrence.
AB56-SA12,214
15Section
214. 940.09 (1m) (b) of the statutes is amended to read:
AB56-SA12,97,2516
940.09
(1m) (b) If a person is charged in an information with any of the
17combinations of crimes referred to in par. (a), the crimes shall be joined under s.
18971.12. If the person is found guilty of more than one of the crimes so charged for
19acts arising out of the same incident or occurrence, there shall be a single conviction
20for purposes of sentencing and for purposes of counting convictions under s. 23.33
21(13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under
22s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b),
(bg), (bm),
23(c), (cm), (d),
(dg), and (e) each require proof of a fact for conviction which the others
24do not require, and sub. (1g) (a), (am), (b),
(bg), (c), (cm),
and (d)
, and (dg) each require
25proof of a fact for conviction which the others do not require.
AB56-SA12,215
1Section
215. 940.09 (2) (a) of the statutes is amended to read:
AB56-SA12,98,82
940.09
(2) (a) In any action under this section, the defendant has a defense if
3he or she proves by a preponderance of the evidence that the death would have
4occurred even if he or she had been exercising due care and he or she had not been
5under the influence of an intoxicant, did not have a detectable amount of a restricted
6controlled substance in his or her blood,
did not have a tetrahydrocannabinols
7concentration of 5.0 or greater, or did not have an alcohol concentration described
8under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).
AB56-SA12,216
9Section
216. 940.09 (2) (b) of the statutes is amended to read:
AB56-SA12,98,1710
940.09
(2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
11is based on the defendant allegedly having a detectable amount of
12methamphetamine or gamma-hydroxybutyric acid
or
13delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
14or she proves by a preponderance of the evidence that at the time of the incident or
15occurrence he or she had a valid prescription for methamphetamine or one of its
16metabolic precursors or gamma-hydroxybutyric acid
or 17delta-9-tetrahydrocannabinol.
AB56-SA12,217
18Section
217. 940.09 (2) (c) of the statutes is created to read:
AB56-SA12,98,2419
940.09
(2) (c) In an action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is
20based on the defendant allegedly having a tetrahydrocannabinols concentration that
21is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance
22of the evidence that at the time of the incident or occurrence he or she had a valid
23prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
24defined in s. 50.80 (6).
AB56-SA12,218
25Section
218. 940.25 (1) (bg) of the statutes is created to read:
AB56-SA12,99,3
1940.25
(1) (bg) Causes great bodily harm to another human being by the
2operation of a vehicle while the person has a tetrahydrocannabinols concentration
3of 5.0 or more.
AB56-SA12,219
4Section
219. 940.25 (1) (dg) of the statutes is created to read:
AB56-SA12,99,75
940.25
(1) (dg) Causes great bodily harm to an unborn child by the operation
6of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or
7more.
AB56-SA12,220
8Section
220. 940.25 (1m) of the statutes is amended to read:
AB56-SA12,99,139
940.25
(1m) (a) A person may be charged with and a prosecutor may proceed
10upon an information based upon a violation of any combination of sub. (1) (a), (am),
11or (b)
, or (bg); any combination of sub. (1) (a), (am),
(bg), or (bm); any combination of
12sub. (1) (c), (cm),
or (d)
, or (dg); or any combination of sub. (1) (c), (cm),
(dg), or (e) for
13acts arising out of the same incident or occurrence.
AB56-SA12,99,2214
(b) If a person is charged in an information with any of the combinations of
15crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person
16is found guilty of more than one of the crimes so charged for acts arising out of the
17same incident or occurrence, there shall be a single conviction for purposes of
18sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3.,
19under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q)
20and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b),
(bg), (bm),
21(c), (cm), (d),
(dg), and (e) each require proof of a fact for conviction which the others
22do not require.
AB56-SA12,221
23Section
221. 940.25 (2) (a) of the statutes is amended to read:
AB56-SA12,99,2524
940.25
(2) (a) The defendant has a defense if he or she proves by a
25preponderance of the evidence that the great bodily harm would have occurred even
1if he or she had been exercising due care and he or she had not been under the
2influence of an intoxicant, did not have a detectable amount of a restricted controlled
3substance in his or her blood,
did not have a tetrahydrocannabinols concentration of
45.0 or greater, or did not have an alcohol concentration described under sub. (1) (b),
5(bm), (d) or (e).
AB56-SA12,222
6Section
222. 940.25 (2) (b) of the statutes is amended to read:
AB56-SA12,100,137
940.25
(2) (b) In any action under this section that is based on the defendant
8allegedly having a detectable amount of methamphetamine
, or 9gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
10the defendant has a defense if he or she proves by a preponderance of the evidence
11that at the time of the incident or occurrence he or she had a valid prescription for
12methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
13acid
, or delta-9-tetrahydrocannabinol.
AB56-SA12,223
14Section
223. 940.25 (2) (c) of the statutes is created to read:
AB56-SA12,100,1915
940.25
(2) (c) In any action under this section that is based on the defendant
16allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the
17defendant has a defense if he or she proves by a preponderance of the evidence that
18at the time of the incident or occurrence he or she had a valid prescription for
19tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB56-SA12,224
20Section
224. 941.20 (1) (bg) of the statutes is created to read:
AB56-SA12,101,221
941.20
(1) (bg) Operates or goes armed with a firearm while he or she has a
22tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a
23defense to any action under this paragraph if he or she proves by a preponderance
24of the evidence that at the time of the incident or occurrence he or she had a valid
1prescription for tetrahydrocannabinol or he or she was a qualifying patient, as
2defined in s. 50.80 (6).
AB56-SA12,225
3Section
225. 941.20 (1) (bm) of the statutes is amended to read:
AB56-SA12,101,124
941.20
(1) (bm) Operates or goes armed with a firearm while he or she has a
5detectable amount of a restricted controlled substance in his or her blood. A
6defendant has a defense to any action under this paragraph that is based on the
7defendant allegedly having a detectable amount of methamphetamine
, or 8gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
9if he or she proves by a preponderance of the evidence that at the time of the incident
10or occurrence he or she had a valid prescription for methamphetamine or one of its
11metabolic precursors
, or gamma-hydroxybutyric acid
, or
12delta-9-tetrahydrocannabinol.
AB56-SA12,226
13Section
226. 961.01 (14) of the statutes is renumbered 961.70 (3) and amended
14to read:
AB56-SA12,101,2415
961.70
(3) “Marijuana" means all parts of the plants of the genus Cannabis,
16whether growing or not
, with a tetrahydrocannabinols concentration that is greater
17than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from
18any part of the plant; and every compound, manufacture, salt, derivative, mixture
, 19or preparation of the plant, its seeds or resin
, including tetrahydrocannabinols.
20“Marijuana" does include the mature stalks if mixed with other parts of the plant,
21but does not include fiber produced from the stalks, oil or cake made from the seeds
22of the plant, any other compound, manufacture, salt, derivative, mixture
, or
23preparation of the mature stalks (except the resin extracted therefrom), fiber, oil
, or
24cake or the sterilized seed of the plant which is incapable of germination.
AB56-SA12,227
25Section
227. 961.11 (4g) of the statutes is repealed.
AB56-SA12,228
1Section
228. 961.14 (4) (t) of the statutes is repealed.
AB56-SA12,229
2Section
229. 961.32 (2m) of the statutes is repealed.
AB56-SA12,230
3Section
230. 961.34 of the statutes is renumbered 961.75, and 961.75 (title),
4as renumbered, is amended to read:
AB56-SA12,102,5
5961.75 (title)
Controlled substances Marijuana therapeutic research.
AB56-SA12,231
6Section
231. 961.38 (1n) of the statutes is repealed.