Wisconsin Legislature: 16,3984t

16,3977 Section 3977. 948.11 (2) (a) 1. and 2. of the statutes are created to read:

948.11 (2) (a) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

2. The person has face-to-face contact with the child before or during the sale, rental, exhibit, playing, distribution, or loan.

16,3978 Section 3978. 948.11 (2) (am) of the statutes is renumbered 948.11 (2) (am) (intro.) and amended to read:

948.11 (2) (am) (intro.) Any person who has attained the age of 17 and who, with knowledge of the nature character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class E felony. if any of the following applies:

16,3979 Section 3979. 948.11 (2) (am) 1. and 2. of the statutes are created to read:

948.11 (2) (am) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

2. The person has face-to-face contact with the child before or during the communication.

16,3980 Section 3980. 948.11 (2) (b) of the statutes is renumbered 948.11 (2) (b) (intro.) and amended to read:

948.11 (2) (b) (intro.) Whoever, with knowledge of the nature character and content of the material, possesses harmful material with the intent to sell, rent, exhibit, transfer play, distribute, or loan the material to a child is guilty of a Class A misdemeanor. if any of the following applies:

16,3981 Section 3981. 948.11 (2) (b) 1. and 2. of the statutes are created to read:

948.11 (2) (b) 1. The person knows or reasonably should know that the child has not attained the age of 18 years.

2. The person has face-to-face contact with the child.

16,3982 Section 3982. 948.11 (2) (c) of the statutes is amended to read:

948.11 (2) (c) It is an affirmative defense to a prosecution for a violation of this section pars. (a) 2., (am) 2., and (b) 2. if the defendant had reasonable cause to believe that the child had attained the age of 18 years, and the child exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the child had attained the age of 18 years. A defendant who raises this affirmative defense has the burden of proving this defense by a preponderance of the evidence.

16,3983 Section 3983. 948.12 of the statutes is renumbered 948.12 (1m), and 948.12 (1m) (intro.) and (b), as renumbered, are amended to read:

948.12 (1m) (intro.) Whoever possesses any undeveloped film, photographic negative, photograph, motion picture, videotape, or other pictorial reproduction, or audio recording of a child engaged in sexually explicit conduct under all of the following circumstances is guilty of a Class E felony:

(b) The person knows the character and content of the sexually explicit conduct shown in the material.

16,3984 Section 3984. 948.12 (2m) of the statutes is created to read:

948.12 (2m) Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, if all of the following apply, is guilty of a Class E felony:

(a) The person knows that he or she has exhibited or played the recording.

(b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.

(c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.

16,3984j Section 3984j. 950.04 (1v) (s) of the statutes is amended to read:

950.04 (1v) (s) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence, subject to s. 968.205. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, property subject to preservation under s. 968.205, and property the ownership of which is disputed, shall be returned to the person within 10 days of being taken.

16,3984m Section 3984m. 950.04 (1v) (v) of the statutes is amended to read:

950.04 (1v) (v) To have the department of corrections make a reasonable attempt to notify the victim under s. 301.046 (4) regarding community residential confinements, under s. 301.048 (4m) regarding participation in the intensive sanctions program, under s. 301.38 regarding escapes from a Type 1 prison, under s. 301.46 (3) regarding persons registered under s. 301.45, under s. 302.115 302.105 regarding release upon expiration of certain sentences, under s. 304.063 regarding extended supervision and parole releases, and under s. 938.51 regarding release or escape of a juvenile from correctional custody.

16,3984p Section 3984p. 950.04 (1v) (yd) of the statutes is created to read:

950.04 (1v) (yd) To have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07 (2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07 (4).

16,3984t Section 3984t. 951.01 (4) of the statutes is amended to read:

951.01 (4) "Law enforcement officer" has the meaning assigned under s. 967.02 (5), but does not include a conservation warden appointed under s. 23.10 or a state forest ranger.

16,3985 Section 3985. 961.14 (7) (p) of the statutes is created to read:

961.14 (7) (p) 4-methylthioamphetamine, commonly known as "4-MTA."

16,3986 Section 3986. 961.41 (1) (b) of the statutes is amended to read:

961.41 (1) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.

16,3987 Section 3987. 961.41 (1) (hm) of the statutes is created to read:

961.41 (1) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine 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 7 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 7 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 $500,000 and shall be imprisoned for not less than 10 years nor more than 45 years.

16,3988 Section 3988. 961.41 (1) (im) of the statutes is renumbered 961.41 (1) (im) (intro.) and amended to read:

961.41 (1) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both. is subject to the following penalties if the amount manufactured, distributed, or delivered is:

16,3989 Section 3989. 961.41 (1) (im) 1. to 6. of the statutes are created to read:

961.41 (1) (im) 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 7 years and 6 months.

6. 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 10 years nor more than 45 years.

16,3990 Section 3990. 961.41 (1m) (b) of the statutes is amended to read:

961.41 (1m) (b) Except as provided in pars. (cm) and (e) to (h) (hm), any other controlled substance included in schedule I, II or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.

16,3991 Section 3991. 961.41 (1m) (hm) of the statutes is created to read:

961.41 (1m) (hm) Gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine 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 7 years and 6 months.

6. 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 10 years nor more than 45 years.

16,3992 Section 3992. 961.41 (1m) (im) of the statutes is renumbered 961.41 (1m) (im) (intro.) and amended to read:

961.41 (1m) (im) (intro.) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both. is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver, is:

16,3993 Section 3993. 961.41 (1m) (im) 1. to 6. of the statutes are created to read:

961.41 (1m) (im) 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 7 years and 6 months.

6. 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 10 years nor more than 45 years.

16,3994 Section 3994 . 961.41 (2) (b) of the statutes is amended to read:

961.41 (2) (b) Any other Except as provided in pars. (a) and (bm), any counterfeit substance included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both.

16,3995 Section 3995. 961.41 (2) (bm) of the statutes is created to read:

961.41 (2) (bm) A counterfeit substance that is a counterfeit of phencyclidine, methamphetamine, lysergic acid diethylamide, gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or ketamine is punishable by the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under sub. (1) or (1m).

16,3996 Section 3996. 961.41 (2) (cm) of the statutes is amended to read:

961.41 (2) (cm) A counterfeit substance which is flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both is punishable by the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under sub. (1) or (1m).

16,3998c Section 3998c. 968.20 (1) (intro.) of the statutes is amended to read:

968.20 (1) (intro.) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12 or , 173.21 (4), or 968.205, returned if:

16,3998e Section 3998e. 968.20 (2) of the statutes is amended to read:

968.20 (2) Property not required for evidence or use in further investigation, unless contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 968.205, may be returned by the officer to the person from whom it was seized without the requirement of a hearing.

16,3998g Section 3998g. 968.20 (4) of the statutes is amended to read:

968.20 (4) Any property seized, other than property covered under s. 968.205, which that poses a danger to life or other property in storage, transportation or use and which that is not required for evidence or further investigation shall be safely disposed of upon command of the person in whose custody they are committed. The city, village, town or county shall by ordinance or resolution establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances which have a commercial value in normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision shall include a presumption that if the substance appears to be or is reported stolen an attempt will be made to return the substance to the rightful owner.

16,3998i Section 3998i. 968.205 of the statutes is created to read:

968.205 Preservation of certain evidence. (1) In this section:

(a) "Custody" means actual custody of a person under a sentence of imprisonment, custody of a probationer, parolee, or person on extended supervision by the department of corrections, actual or constructive custody of a person pursuant to a dispositional order under ch. 938, supervision of a person, whether in institutional care or on conditional release, pursuant to a commitment order under s. 971.17 and supervision of a person under ch. 980, whether in detention before trial or while in institutional care or on supervised release pursuant to a commitment order.

(b) "Discharge date" means the date on which a person is released or discharged from custody that resulted from a criminal action, a delinquency proceeding under ch. 938, or a commitment proceeding under s. 971.17 or ch. 980 or, if the person is serving consecutive sentences of imprisonment, the date on which the person is released or discharged from custody under all of the sentences.

(2) Except as provided in sub. (3), if physical evidence that is in the possession of a law enforcement agency includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, delinquency adjudication, or commitment under s. 971.17 or 980.06, the law enforcement agency shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.

(3) Subject to sub. (5), a law enforcement agency may destroy biological material before the expiration of the time period specified in sub. (2) if all of the following apply: