1999 WISCONSIN ACT 48
An Act to amend 961.41 (1) (e) (intro.), 961.41 (1m) (e) (intro.), 961.41 (3g) (b), 961.41 (3g) (d), 961.41 (3g) (dm), 961.46 (3), 961.465 (2), 961.472 (2), 961.48 (2), 961.49 (1) (intro.), 961.55 (1) (d) 3., 971.365 (1) (a), 971.365 (1) (b), 971.365 (1) (c) and 971.365 (2); to repeal and recreate 961.41 (1) (e) (intro.), 961.41 (1) (em), 961.41 (1m) (e) (intro.), 961.41 (1m) (em) and 961.41 (3g) (d); and to create 961.41 (1) (em), 961.41 (1m) (em) and 961.41 (3g) (dm) of the statutes; relating to: the controlled substance methamphetamine and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
48,1
Section
1. 961.41 (1) (e) (intro.) of the statutes is amended to read:
961.41 (1) (e) (intro.) Phencyclidine, amphetamine
, methamphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if the amount manufactured, distributed or delivered is:
48,1r
Section 1r. 961.41 (1) (e) (intro.) of the statutes, as affected by 1999 Wisconsin Acts .... (Assembly Bill 465) and .... (this act), is repealed and recreated to read:
961.41 (1) (e) Phencyclidine, amphetamine and methcathinone. (intro.) If the person violates this subsection with respect to phencyclidine, amphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine or methcathinone, and the amount manufactured, distributed or delivered is:
48,2
Section
2. 961.41 (1) (em) of the statutes is created to read:
961.41 (1) (em) Methamphetamine or a controlled substance analog of methamphetamine is subject to the following penalties if the amount manufactured, distributed or delivered is:
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
48,2r
Section 2r. 961.41 (1) (em) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
961.41 (1) (em) Methamphetamine. If the person violates this subsection with respect to methamphetamine or a controlled substance analog of methamphetamine and the amount manufactured, distributed or delivered is:
1. Three grams or less, the person is guilty of a Class F felony.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
4. More than 50 grams, the person is guilty of a Class C felony.
48,3
Section
3. 961.41 (1m) (e) (intro.) of the statutes is amended to read:
961.41 (1m) (e) (intro.) Phencyclidine, amphetamine, methamphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine or methcathinone, is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
48,3r
Section 3r. 961.41 (1m) (e) (intro.) of the statutes, as affected by 1999 Wisconsin Acts .... (Assembly Bill 465) and .... (this act), is repealed and recreated to read:
961.41 (1m) (e) Phencyclidine, amphetamine and methcathinone. (intro.) If a person violates this subsection with respect to phencyclidine, amphetamine or methcathinone, or a controlled substance analog of phencyclidine, amphetamine or methcathinone, and the amount possessed, with intent to manufacture, distribute or deliver, is:
48,4
Section
4. 961.41 (1m) (em) of the statutes is created to read:
961.41 (1m) (em) Methamphetamine or a controlled substance analog of methamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute or deliver, is:
1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months.
2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months.
3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 22 years and 6 months.
4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 22 years and 6 months.
5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 22 years and 6 months.
6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 45 years.
48,4r
Section 4r. 961.41 (1m) (em) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
961.41 (1m) (em) Methamphetamine. If the person violates this subsection with respect to methamphetamine or a controlled substance analog of methamphetamine and the amount possessed, with intent to manufacture, distribute or deliver, is:
1. Three grams or less, the person is guilty of a Class F felony.
2. More than 3 grams but not more than 10 grams, the person is guilty of a Class E felony.
3. More than 10 grams but not more than 50 grams, the person is guilty of a Class D felony.
4. More than 50 grams, the person is guilty of a Class C felony.
48,5
Section
5. 961.41 (3g) (b) of the statutes is amended to read:
961.41 (3g) (b) Except as provided in pars. (c), (d), (dm), (e) and (f), if the person possesses or attempts to possess a controlled substance or controlled substance analog, other than a controlled substance included in schedule I or II that is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II that is a narcotic drug, the person is guilty of a misdemeanor, punishable under s. 939.61.
48,6
Section
6. 961.41 (3g) (d) of the statutes is amended to read:
961.41 (3g) (d) If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both.
48,6r
Section 6r. 961.41 (3g) (d) of the statutes, as affected by 1999 Wisconsin Acts .... (Assembly Bill 465) and .... (this act), is repealed and recreated to read:
961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methcathinone, psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.
48,7
Section
7. 961.41 (3g) (dm) of the statutes is created to read:
961.41 (3g) (dm) If a person possesses or attempts to possess methamphetamine or a controlled substance analog of methamphetamine, the person may be fined not more than $5,000 or imprisoned for not more than 2 years or both.
48,7r
Section 7r. 961.41 (3g) (dm) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:
961.41 (3g) (dm) Methamphetamine. If a person possesses or attempts to possess methamphetamine or a controlled substance analog of methamphetamine, the person may be fined not more than $5,000 or imprisoned for not more than 2 years one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.
48,8
Section
8. 961.46 (3) of the statutes is amended to read:
961.46 (3) If any person 17 years of age or over violates s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) by distributing or delivering cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances to a person 17 years of age or under who is at least 3 years his or her junior, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) are doubled.
48,9
Section
9. 961.465 (2) of the statutes is amended to read:
961.465 (2) If a person violates s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) or (1m) (cm), (d), (e), (em), (f), (g) or (h) by delivering, distributing or possessing with intent to deliver or distribute cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols, or a controlled substance analog of any of these substances, to a prisoner within the precincts of any prison, jail or house of correction, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) or (1m) (cm), (d), (e), (em), (f), (g) or (h) are doubled.
48,10
Section
10. 961.472 (2) of the statutes is amended to read:
961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (a) 2., (c) or, (d) or (dm), the court shall order the person to comply with an assessment of the person's use of controlled substances. The court's order shall designate a facility that is operated by or pursuant to a contract with the county department established under s. 51.42 and that is certified by the department of health and family services to provide assessment services to perform the assessment and, if appropriate, to develop a proposed treatment plan. The court shall notify the person that noncompliance with the order limits the court's ability to determine whether the treatment option under s. 961.475 is appropriate. The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).
48,11
Section
11. 961.48 (2) of the statutes is amended to read:
961.48 (2) If any person is charged under sub. (2m) with a 2nd or subsequent offense under this chapter that is specified in s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h), (1m) (cm), (d), (e), (em), (f), (g) or (h) or (3g) (a) 2., (c), (d), (dm) or (e), and he or she is convicted of that 2nd or subsequent offense, any applicable minimum and maximum fines and minimum and maximum periods of imprisonment under s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h), (1m) (cm), (d), (e), (em), (f), (g) or (h) or (3g) (a) 2., (c), (d), (dm) or (e) are doubled. A person convicted of a 2nd or subsequent offense under s. 961.41 (3g) (c), (d) or (e) is guilty of a felony and the person may be imprisoned in state prison.
