Amendment ASA1-AB185

AB185-ASA1, s. 10 Section 10. 940.02 (2) (a) (intro.) of the statutes is amended to read:

AB185-ASA1,5,7 940.02 (2) (a) (intro.) By manufacture, distribution or delivery, in violation of s. 961.41, of a controlled substance included in schedule I or II under ch. 961 or, of a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 or of flunitrazepam, if another human being uses the controlled substance or controlled substance analog and dies as a result of that use. This paragraph applies:

AB185-ASA1, s. 11 Section 11. 940.02 (2) (a) 3. of the statutes is amended to read:

AB185-ASA1,5,16 940.02 (2) (a) 3. To any distribution or delivery described in this paragraph, regardless of whether the distribution or delivery is made directly to the human being who dies. If possession of the controlled substance included in schedule I or II under ch. 961 or, of the controlled substance analog of the controlled substance included in schedule I or II under ch. 961 or of the flunitrazepam is transferred more than once prior to the death as described in this paragraph, each person who distributes or delivers the controlled substance or controlled substance analog in violation of s. 961.41 is guilty under this paragraph.

AB185-ASA1, s. 12 Section 12. 940.02 (2) (b) of the statutes is amended to read:

AB185-ASA1,5,25 940.02 (2) (b) By administering or assisting in administering a controlled substance included in schedule I or II under ch. 961 or , a controlled substance analog of a controlled substance included in schedule I or II of ch. 961 or flunitrazepam, without lawful authority to do so, to another human being and that human being dies as a result of the use of the substance. This paragraph applies whether the human being dies as a result of using the controlled substance or controlled substance analog by itself or with any compound, mixture, diluent or other substance mixed or combined with the controlled substance or controlled substance analog.

AB185-ASA1, s. 13 Section 13. 961.41 (1) (i) of the statutes is amended to read:

AB185-ASA1,6,4 961.41 (1) (i) A Except as provided in par. (im), a substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB185-ASA1, s. 14 Section 14. 961.41 (1) (i) of the statutes, as affected by 1997 Wisconsin Act 283 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB185-ASA1,6,9 961.41 (1) (i) Except as provided in par. (im), a substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

AB185-ASA1, s. 15 Section 15. 961.41 (1) (im) of the statutes is created to read:

AB185-ASA1,6,12 961.41 (1) (im) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 5 years or both.

AB185-ASA1, s. 16 Section 16. 961.41 (1) (im) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB185-ASA1,6,16 961.41 (1) (im) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB185-ASA1, s. 17 Section 17. 961.41 (1m) (i) of the statutes is amended to read:

AB185-ASA1,6,20 961.41 (1m) (i) A Except as provided in par. (im), a substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB185-ASA1, s. 18 Section 18. 961.41 (1m) (i) of the statutes, as affected by 1997 Wisconsin Act 283 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB185-ASA1,6,25 961.41 (1m) (i) Except as provided in par. (im), a substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

AB185-ASA1, s. 19 Section 19. 961.41 (1m) (im) of the statutes is created to read:

AB185-ASA1,7,3 961.41 (1m) (im) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 5 years or both.

AB185-ASA1, s. 20 Section 20. 961.41 (1m) (im) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB185-ASA1,7,7 961.41 (1m) (im) Flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB185-ASA1, s. 21 Section 21. 961.41 (2) (c) of the statutes is amended to read:

AB185-ASA1,7,11 961.41 (2) (c) A Except as provided in par. (cm), a counterfeit substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 years or both.

AB185-ASA1, s. 22 Section 22. 961.41 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 283 and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB185-ASA1,7,16 961.41 (2) (c) Except as provided in par. (cm), a counterfeit substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

AB185-ASA1, s. 23 Section 23. 961.41 (2) (cm) of the statutes is created to read:

AB185-ASA1,7,19 961.41 (2) (cm) A counterfeit substance which is flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 5 years or both.

AB185-ASA1, s. 24 Section 24. 961.41 (2) (cm) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB185-ASA1,7,24 961.41 (2) (cm) A counterfeit substance which is flunitrazepam, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB185-ASA1, s. 25 Section 25. 961.46 (3) of the statutes is amended to read:

AB185-ASA1,8,8 961.46 (3) If any person 17 years of age or over violates s. 961.41 (1) (cm), (d), (e), (f), (g) or, (h) or (im) by distributing or delivering cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone, flunitrazepam 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), (f), (g) or, (h) or (im) are doubled.

AB185-ASA1, s. 26 Section 26. 961.49 (2) (a) (intro.) of the statutes is amended to read:

AB185-ASA1,8,15 961.49 (2) (a) (intro.) Except as provided in par. (b), the court shall sentence a person as provided in par. (am) if the person violates s. 961.41 (1) by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or distribute, a controlled substance included in schedule I or II or, a controlled substance analog of a controlled substance included in schedule I or II or flunitrazepam under any of the following circumstances:

AB185-ASA1, s. 27 Section 27. 961.492 (1) of the statutes is amended to read:

AB185-ASA1,8,20 961.492 (1) The violation of s. 961.41 (1) or (1m) involves the distribution or delivery or the possession, with intent to distribute or deliver, of any controlled substance included in schedule I or II or, of a controlled substance analog of any controlled substance included in schedule I or II or of flunitrazepam.

AB185-ASA1, s. 28 Section 28. 961.495 of the statutes is amended to read:

AB185-ASA1,9,14 961.495 Possession or attempted possession of a controlled substance on or near certain places. If any person violates s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II or, a controlled substance analog of a controlled substance included in schedule I or II or flunitrazepam while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall, in addition to any other penalties that may apply to the crime, impose 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this section has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

AB185-ASA1, s. 29 Section 29. 961.55 (6m) of the statutes is created to read:

AB185-ASA1,9,20 961.55 (6m) Flunitrazepam that is possessed, transferred, sold, offered for sale or attempted to be possessed in violation of this chapter is contraband and shall be seized and summarily forfeited to the state. Flunitrazepam that is seized or comes into the possession of the state, the owner of which is unknown, is contraband and shall be summarily forfeited to the state.

AB185-ASA1, s. 30 Section 30 . Initial applicability.

AB185-ASA1,9,24 (1) The treatment of sections 139.87 (2), 139.88 (3), 938.34 (14t) and 961.55 (6m) of the statutes first applies to acts in violation of chapter 961 of the statutes that occur on the effective date of this subsection.

AB185-ASA1,10,4 (2) The amendment of section 961.41 (1) (im), (1m) (im) and (2) (cm) of the statutes and the repeal and recreation of sections 139.95 (2) and (3) and 961.41 (1) (i), (1m) (i) and (2) (c) of the statutes first apply to offenses committed on the effective date of this subsection.

AB185-ASA1, s. 31 Section 31. Effective dates. This act takes effect on the day after publication, except as follows:

AB185-ASA1,10,10 (1) The amendment of section 961.41 (1) (im), (1m) (im) and (2) (cm) of the statutes, the repeal and recreation of sections 139.95 (2) and (3) and 961.41 (1) (i), (1m) (i) and (2) (c) of the statutes and Section 30 (2 ) of this act take effect on December 31, 1999, or on the day after publication, whichever is later.

AB185-ASA1,10,11 (End)