1995 Wisconsin Act 448

2. Secobarbital.

3. Pentobarbital.

448,476 Section 476 . 961.18 (3) (n) 1., 2. and 3. of the statutes are created to read:

961.18 (3) (n) 1. Amobarbital.

2. Secobarbital.

3. Pentobarbital.

448,477 Section 477 . 961.19 (2m) of the statutes is created to read:

961.19 (2m) The controlled substances board may add a substance to schedule IV without making the findings required under sub. (1m) if the substance is controlled under schedule IV of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

448,478 Section 478 . 961.20 (2m) (ad) of the statutes is created to read:

961.20 (2m) (ad) Cathine.

448,479 Section 479 . 961.20 (2m) (br) of the statutes is created to read:

961.20 (2m) (br) Mefenorex.

448,480 Section 480 . 961.21 (2m) of the statutes is created to read:

961.21 (2m) The controlled substances board may add a substance to schedule V without making the findings required by sub. (1m) if the substance is controlled under schedule V of 21 USC 811 (c) by a federal agency as the result of an international treaty, convention or protocol.

448,481 Section 481 . 961.22 (3) of the statutes is created to read:

961.22 (3) Stimulants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

(a) Pyrovalerone.

448,482 Section 482 . 961.25 of the statutes is created to read:

961.25 Controlled substance analog treated as a schedule I substance. A controlled substance analog, to the extent it is intended for human consumption, shall be treated, for the purposes of this chapter, as a substance included in schedule I, unless a different treatment is specifically provided. No later than 60 days after the commencement of a prosecution concerning a controlled substance analog, the district attorney shall provide the controlled substances board with information relevant to emergency scheduling under s. 961.11 (4m). After a final determination by the controlled substances board that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.

448,483 Section 483 . 961.38 (1g) of the statutes is created to read:

961.38 (1g) In this section, “medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain.

448,484 Section 484 . 961.38 (4g) of the statutes is created to read:

961.38 (4g) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.

448,485 Section 485 . 961.38 (4r) of the statutes is created to read:

961.38 (4r) A pharmacist is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

448,486 Section 486 . 961.395 of the statutes is created to read:

961.395 Limitation on advanced practice nurses. (1) An advanced practice nurse who is certified under s. 441.16 may prescribe controlled substances only as permitted by the rules promulgated under s. 441.16 (3).

(2) An advanced practice nurse certified under s. 441.16 shall include with each prescription order the advanced practice nurse prescriber certification number issued to him or her by the board of nursing.

(3) An advanced practice nurse certified under s. 441.16 may dispense a controlled substance only by prescribing or administering the controlled substance or as otherwise permitted by the rules promulgated under s. 441.16 (3).

448,487 Section 487 . 961.41 (1n) of the statutes is created to read:

961.41 (1n) Piperidine possession. (a) No person may possess any quantity of piperidine or its salts with the intent to use the piperidine or its salts to manufacture a controlled substance or controlled substance analog in violation of this chapter.

(b) No person may possess any quantity of piperidine or its salts if he or she knows or has reason to know that the piperidine or its salts will be used to manufacture a controlled substance or controlled substance analog in violation of this chapter.

(c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 10 years or both.

448,488 Section 488 . 961.41 (1x) (title) of the statutes is created to read:

961.41 (1x) (title) Conspiracy.

448,489 Section 489 . 961.41 (4) (title) of the statutes is created to read:

961.41 (4) (title) Imitation controlled substances.

448,490 Section 490 . 961.41 (5) (title) of the statutes is created to read:

961.41 (5) (title) Drug abuse program improvement surcharge.

448,491 Section 491 . 961.49 (3) of the statutes is created to read:

961.49 (3) A person who violates sub. (1) may be subject to increased penalties under both subs. (1) and (2) regarding the same unlawful act.

448,492 Section 492 . 961.573 (2) of the statutes, as affected by 1995 Wisconsin Acts 77, section 494, and .... (this act), is repealed and recreated to read:

961.573 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

448,493 Section 493. 961.574 (2) of the statutes, as affected by 1995 Wisconsin Acts 77, section 495, and .... (this act), is repealed and recreated to read:

961.574 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

448,494 Section 494 . 961.575 (2) of the statutes, as affected by 1995 Wisconsin Acts 77, section 496, and .... (this act), is repealed and recreated to read:

961.575 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

448,495 Section 495 . 967.055 (1) (a) of the statutes is amended to read:

967.055 (1) (a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or both any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), or offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.

448,496 Section 496 . 967.055 (1) (b) of the statutes is amended to read:

967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or both any combination of an intoxicant, controlled substance and controlled substance analog to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having a blood alcohol concentration of 0.1% or more.

448,497 Section 497 . 967.055 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 113, is amended to read:

967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or both any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

448,498 Section 498 . 967.055 (2) (b) of the statutes is amended to read:

967.055 (2) (b) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motorboats by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or both any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely.

448,499 Section 499 . 968.13 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 11, is amended to read:

968.13 (1) (a) Contraband, which includes without limitation because of enumeration lottery tickets, gambling machines or other gambling devices, lewd, obscene or indecent written matter, pictures, sound recordings or motion picture films, forged money or written instruments and the tools, dies, machines or materials for making them, and controlled substances, as defined in s. 161.01 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m), and the implements for smoking or injecting them. Gambling machines or other gambling devices possessed by a shipbuilding business that complies with s. 945.095 are not subject to this section.

448,500 Section 500 . 968.28 of the statutes is amended to read:

968.28 Application for court order to intercept communications. The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the county where the interception is to take place for an order authorizing or approving the interception of wire, electronic or oral communications. The chief judge may under s. 968.30 grant an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense for which the application is made. The authorization shall be permitted only if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion or, dealing in controlled substances or controlled substance analogs, a computer crime that is a felony under s. 943.70, or any conspiracy to commit any of the foregoing offenses.

448,501 Section 501 . 970.035 of the statutes is amended to read:

970.035 Preliminary examination; child younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child who was waived under s. 48.18 for a violation which is alleged to have occurred prior to his or her 16th birthday, the court may bind the child over for trial only if there is probable cause to believe that a crime under s. 940.01 has been attempted or committed, that a crime under s. 161.41 (1), 940.02, 940.05, 940.06, 940.225 (1), 940.305, 940.31 or, 943.10 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 48.

448,502 Section 502 . 970.035 of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

970.035 Preliminary examination; child younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 938.

448,503 Section 503 . 971.17 (1) of the statutes is amended to read:

971.17 (1) Commitment period. When a defendant is found not guilty by reason of mental disease or mental defect, the court shall commit the person to the department of health and social services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes, including imprisonment authorized by ss. 161.48, 939.62, 939.621, 939.63, 939.635, 939.64, 939.641 and, 939.645 and 961.48 and other penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155. If the maximum term of imprisonment is life, the commitment period specified by the court may be life, subject to termination under sub. (5).

448,504 Section 504 . 971.365 (1) (a) of the statutes is amended to read:

971.365 (1) (a) In any case under s. 161.41 961.41 (1) (cm), (d), (e), (f), (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.

448,505 Section 505 . 971.365 (1) (b) of the statutes is amended to read:

971.365 (1) (b) In any case under s. 161.41 961.41 (1m) (cm), (d), (e), (f), (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.

448,506 Section 506 . 971.365 (1) (c) of the statutes is amended to read:

971.365 (1) (c) In any case under s. 161.41 (2r) (b), (3m), (3n), (3p) or (3r) 961.41 (3g) (a) 2., (c), (d) or (e) 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.

448,507 Section 507 . 971.365 (2) of the statutes is amended to read:

971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e), (f), (g) or (h), (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or (e) on which no evidence was received at the trial on the original charge.

448,508 Section 508 . 973.0135 (1) (b) 1. of the statutes is amended to read:

973.0135 (1) (b) 1. Any felony under s. 161.41 961.41 (1), (1m) or (1x) if the felony is punishable by a maximum prison term of 30 years or more.

448,509 Section 509 . 973.03 (5) (c) of the statutes is amended to read:

973.03 (5) (c) A court may not sentence a person under par. (b) regarding any violation under ch. 161 961 or the commission of a serious crime.

448,510 Section 510. 973.05 (1) of the statutes is amended to read:

973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 161.41 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 144.992, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

448,511 Section 511 . 973.06 (1) (am) 1. of the statutes, as created by 1995 Wisconsin Act 53, is amended to read:

973.06 (1) (am) 1. The agency expended the moneys to purchase a controlled substance or controlled substance analog that was distributed in violation of ch. 161 961.

448,512 Section 512 . 973.075 (6) of the statutes is amended to read:

973.075 (6) Sections 973.075 to 973.077 do not apply to crimes committed under ch. 161 961.

448,513 Section 513 . 978.05 (6) (a) of the statutes is amended to read:

978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ss. 17.14, 30.03 (2), 48.09 (1), (2) and (5), 48.18, 48.355 (6) (b) and (6g) (a), 59.073, 59.77, 70.36, 103.50 (8), 103.92 (4), 109.09, 161.55 (5), 343.305 (9) (a), 453.08, 806.05, 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under ch. 48 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (2) or (5), that the corporation counsel provide representation as specified in s. 48.09 (2) or (5) or to designate, under s. 48.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14.

448,514 Section 514 . 978.13 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

978.13 (1) (b) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving felony violations under ch. 161 961. The state treasurer shall pay the amount authorized under this paragraph to the county treasurer pursuant to a voucher submitted by the district attorney to the department of administration from the appropriation under s. 20.475 (1) (h). The amount paid under this paragraph may not exceed $65,800 in the 1995-96 fiscal year and $68,100 in the 1996-97 fiscal year.

448,515 Section 515 . Effective dates. This act takes effect on the day after publication, except as follows:

(1)  The treatment of sections 48.345 (13) (a) and (b), 106.04 (1m) (g) and 106.215 (1) (cg) of the statutes, the creation of section 938.02 (2e) of the statutes and the repeal and recreation of sections 48.31 (4), 48.547 (1), 304.06 (1) (b), 343.30 (5), 778.25 (1) (a) 1., 938.02 (1p) and (2d), 938.17 (2) (c), (d) and (e), 938.18 (1) (a) 1. and 2., 938.24 (2m) (a) 1. and 3., 938.245 (2) (a) 3., 938.295 (1c) (b) and (c) and (1g), 938.32 (1g) (intro.), 938.34 (6r) (a) and (b), (6s), (14r) (title), (a) and (b), (14s) (title), (a) (intro.) and (am) (intro.) and (14t), 938.343 (10) (intro.), 938.344 (2e) (a) (intro.) and (b) and (3), 938.396 (1m) (a), (2) (c) and (7) (b), 938.547 (1), 961.573 (2), 961.574 (2), 961.575 (2) and 970.035 take effect on July 1, 1996, or on the day after publication, whichever is later.