AB1011: Bill Text

LRB-3596/1

MJW:emw

2023 - 2024 LEGISLATURE

2023 Assembly BILL 1011

January 25, 2024 - Introduced by Representatives Donovan, Ortiz-Velez, Allen, C. Anderson, Brooks, Cabrera, Conley, Dittrich, Duchow, Edming, Kitchens, Maxey, Melotik, Nedweski, Schmidt, Sinicki, Stubbs, Wichgers and Palmeri, cosponsored by Senators James, Hesselbein, Wanggaard and Taylor. Referred to Committee on Criminal Justice and Public Safety.

AB1011,1,2 An Act to create 961.573 (4) and 961.574 (4) of the statutes; relating to: pill tableting devices, pill encapsulation devices, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, it is a crime to use, or possess with the intent to use, drug paraphernalia, which means all equipment, products, and materials that are used, designed for use, or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or controlled substance analog. Under current law, pill tableting devices, commonly known as pill presses, and pill encapsulators are not specifically enumerated as drug paraphernalia but meet the definition of drug paraphernalia nonetheless. Possession of drug paraphernalia is punishable by a $500 fine or imprisonment for up to 30 days or both.

This bill provides that no person may possess a pill tableting device or a pill encapsulating device unless any of the following applies:

1. The person is licensed, or is an employee of a person licensed, under ch. 89, 450, or 466, stats., and the possession is in accordance with the person's license or employment.

2. The person is conducting research or is involved in a program of study at an institution of higher education and the possession occurs in the course of conducting research or completing the program of study.

The bill also provides that no person may deliver, possess with intent to deliver, or manufacture with intent to deliver a pill tableting device or a pill encapsulating device unless any of the following applies:

1. The recipient of the device is licensed under ch. 89, 450, or 466 or is an employee of a person licensed under ch. 89, 450, or 466 and receipt of the device is in accordance with the person's license or employment.

2. The person is conducting research or is involved in a program of study at an institution of higher education and the possession occurs in the course of conducting research or completing the program of study.

Under the bill, any prohibited possession or delivery of a pill tableting or pill encapsulating device is punishable by a fine of up to $10,000 or imprisonment for up to nine months, or both.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

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

AB1011,1 Section 1. 961.573 (4) of the statutes is created to read:

AB1011,2,3 961.573 (4) (a) No person may possess a pill tableting device or a pill encapsulating device unless any of the following applies:

AB1011,2,6 1. The person is licensed under ch. 89, 450, or 466 or is an employee of a person licensed under ch. 89, 450, or 466 and the possession is in accordance with the person's license or employment.

AB1011,2,9 2. The person is conducting research or is involved in a program of study at an institution of higher education, as defined in s. 39.395 (1), and the possession occurs in the course of conducting research or completing the program of study.

AB1011,2,11 (b) Any person who violates par. (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB1011,2 Section 2. 961.574 (4) of the statutes is created to read:

AB1011,3,3 961.574 (4) (a) No person may deliver, possess with intent to deliver, or manufacture with intent to deliver a pill tableting device or a pill encapsulating device unless any of the following applies:

AB1011,3,6 1. The recipient of the device is licensed under ch. 89, 450, or 466 or is an employee of a person licensed under ch. 89, 450, or 466 and receipt of the device is in accordance with the person's license or employment.

AB1011,3,10 2. The recipient of the device is conducting research or is involved in a program of study at an institution of higher education, as defined in s. 39.395 (1), and the receipt of the device occurs in the course of conducting research or completing the program of study.

AB1011,3,12 (b) Any person who violates par. (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB1011,3,13 (End)