AB68: Bill Text

AB68,1732,11 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

AB68,1732,14 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not more than $500 and to a suspension of the permittee's permit for an amount of time not to exceed 30 days.

AB68,1732,20 (c) In determining whether a permittee has violated par. (a) 2., all relevant circumstances surrounding the presence of the underage person may be considered. In determining whether a permittee has violated par. (a) 1., all relevant circumstances surrounding the selling, distributing, or delivering of marijuana may be considered. In addition, proof of all of the following facts by the permittee is a defense to any prosecution for a violation under par. (a):

AB68,1732,22 1. That the underage person falsely represented that he or she had attained the legal age.

AB68,1732,24 2. That the appearance of the underage person was such that an ordinary and prudent person would believe that the underage person had attained the legal age.

AB68,1733,3 3. That the action was made in good faith and in reliance on the representation and appearance of the underage person in the belief that the underage person had attained the legal age.

AB68,1733,5 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

AB68,1733,7 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

AB68,1733,8 (a) Procures or attempts to procure marijuana from a permittee.

AB68,1733,10 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

AB68,1733,11 (c) Knowingly possesses or consumes marijuana.

AB68,1733,12 (d) Violates sub. (2m).

AB68,1733,15 (2m) An underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal age may not enter, knowingly attempt to enter, or be on the premises of a retail outlet.

AB68,1733,17 (3) An individual who has attained the legal age and who knowingly does any of the following may be subject to a forfeiture that does not exceed $1,000:

AB68,1733,19 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises owned by the individual or under the individual's control.

AB68,1733,20 (b) Encourages or contributes to a violation of sub. (2) (a).

AB68,1733,24 961.72 Restrictions; penalties. (1) No person except a permittee may sell, or possess with the intent to sell, marijuana. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana except a permittee. Any person who violates a prohibition under this subsection is guilty of the following:

AB68,1733,25 (a) Except as provided in par. (b), a Class I felony.

AB68,1734,4 (b) If the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered has not attained the legal age and the actual or intended seller, distributor, or deliverer is at least 3 years older than the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.

AB68,1734,8 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount but does not exceed 28 grams of marijuana is subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

AB68,1734,10 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds 28 grams of marijuana:

AB68,1734,11 1. Except as provided in subd. 2., a Class B misdemeanor.

AB68,1734,13 2. A Class I felony if the person has taken action to hide how much marijuana the person possesses and any of the following applies:

AB68,1734,16 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB68,1734,19 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana if the method exceeds a method that would be used by a reasonable person in the person's region.

AB68,1734,21 c. The person has rigged a system so that any individual approaching the area may be injured or killed by the system.

AB68,1734,23 (c) A person who is not a permittee who possesses more than 6 marijuana plants that have reached the flowering stage at one time is one of the following:

AB68,1734,25 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both.

AB68,1735,2 2. Except as provided in subd. 3., guilty of a Class B misdemeanor if the number of marijuana plants that have reached the flowering stage is more than 12.

AB68,1735,6 3. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the individual has taken action to hide the number of marijuana plants that have reached the flowering stage, and if any of the following applies:

AB68,1735,10 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB68,1735,13 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person's region.

AB68,1735,15 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

AB68,1735,18 (d) No person except a a permittee may possess marijuana plants that have reached the flowering stage. Any person who violates this prohibition must apply for a permit under s. 139.972; in addition, the person is one of the following:

AB68,1735,20 1. Except as provided in subds. 2., 3., and 4., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

AB68,1735,23 2. Except as provided in subds. 3. and 4., subject to a civil forfeiture not to exceed $1,000 or imprisonment not to exceed 90 days or both if the number of marijuana plants that have reached the flowering stage is more than 6.

AB68,1735,25 3. Except as provided in subd. 4., guilty of a Class B misdemeanor if the number of marijuana plants that have reached the flowering stage is more than 12.

AB68,1736,4 4. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the person has taken action to hide how many marijuana plants that have reached the flowering stage are being cultivated, and if any of the following applies:

AB68,1736,8 a. The person has in place a system that could alert the person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

AB68,1736,11 b. The person has in place a method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person's region.

AB68,1736,13 c. The person has rigged a system so that any individual approaching the area that contains marijuana plants may be injured or killed by the system.

AB68,1736,15 (e) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

AB68,1736,17 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is guilty of a Class A misdemeanor.

AB68,3405 Section 3405 . 967.055 (1m) (b) 5. of the statutes is repealed.

AB68,3406 Section 3406. 967.056 of the statutes is created to read:

AB68,1736,23 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

AB68,1736,24 (a) The accused or charged violation is the person's first violation of s. 947.01.

AB68,1737,2 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

AB68,1737,5 (c) The person has not been convicted of a felony in this state or of a violation in another state that would be a felony if committed by an adult in this state in the preceding 3 years.

AB68,1737,7 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

AB68,1737,8 (a) A deferred prosecution agreement that includes restitution, if applicable.

AB68,1737,10 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

AB68,3407 Section 3407 . 967.11 (1) of the statutes is amended to read:

AB68,1737,14 967.11 (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB68,3408 Section 3408 . 967.11 (2) of the statutes is amended to read:

AB68,1737,21 967.11 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

AB68,3409 Section 3409 . 967.13 of the statutes is created to read:

AB68,1738,3 967.13 Use of restraints on an individual under 18 years of age. (1) Except as provided in sub. (2), instruments of restraint such as handcuffs, chains, irons, or straitjackets, cloth and leather restraints, or other similar items may not be used on an individual under 18 years of age during a court proceeding and shall be removed prior to the individual being brought into the courtroom to appear before the court.

AB68,1738,6 (2) A court may order an individual under 18 years of age to be restrained during a court proceeding upon the request of the prosecutor if the court finds all of the following:

AB68,1738,7 (a) That the use of restraints is necessary due to one of the following factors:

AB68,1738,9 1. Instruments of restraint are necessary to prevent physical harm to the individual or another person.

AB68,1738,13 2. The individual has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or the individual presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior.

AB68,1738,15 3. There is a reasonable belief that the individual presents a substantial risk of flight from the courtroom.

AB68,1738,18 (b) That there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the individual or another person, including the presence of court personnel, law enforcement officers, or bailiffs.

AB68,1738,22 (3) The court shall provide the attorney of the individual under 18 years of age an opportunity to be heard before the court orders the use of restraints under sub. (2). The court shall make written findings of fact in support of any order to use restraints under sub. (2).

AB68,1738,25 (4) If the court orders an individual under 18 years of age to be restrained under sub. (2), the restraints shall allow the individual limited movement of the hands to read and handle documents and writings necessary to the hearing.

AB68,1739,2 (5) No individual under 18 years of age may be restrained during a court proceeding using fixed restraints attached to a wall, floor, or furniture.

AB68,3410 Section 3410. 968.14 (title) of the statutes is amended to read:

AB68,1739,4 968.14 (title) Use Announcement requirement and use of force.

AB68,3411 Section 3411. 968.14 of the statutes is renumbered 968.14 (2).

AB68,3412 Section 3412. 968.14 (1) of the statutes is created to read:

AB68,1739,9 968.14 (1) When executing a search warrant, a law enforcement officer may not enter the premises subject to the warrant without first identifying that he or she is a law enforcement officer and announcing the authority and purpose of the entry.

AB68,3413 Section 3413 . 968.20 (3) (b) of the statutes is amended to read:

AB68,1740,9 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

AB68,3414 Section 3414 . 970.032 (3) of the statutes is created to read:

AB68,1740,12 970.032 (3) This section does not apply to a violation committed on or after the effective date of this subsection .... [LRB inserts date].

AB68,3415 Section 3415 . 971.17 (1g) of the statutes is amended to read:

AB68,1740,17 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB68,3416 Section 3416 . 971.31 (13) (c) of the statutes is created to read:

AB68,1740,20 971.31 (13) (c) This subsection does not apply to a violation committed on or after the effective date of this paragraph .... [LRB inserts date].

AB68,3417 Section 3417 . 971.365 (1) (a) of the statutes is amended to read:

AB68,1740,25 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB68,3418 Section 3418. 971.365 (1) (b) of the statutes is amended to read:

AB68,1741,5 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB68,3419 Section 3419 . 971.365 (1) (c) of the statutes is amended to read:

AB68,1741,10 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

AB68,3420 Section 3420 . 971.365 (2) of the statutes is amended to read: