Amendment SSA1-SB237

SB237-SSA1, s. 682 Section 682. 961.41 (1m) (h) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,160,22 961.41 (1m) (h) 3. More than 2,500 1,000 grams but not more than 2,500 grams, or more than 50 20 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

SB237-SSA1, s. 683 Section 683. 961.41 (1m) (h) 4. of the statutes is created to read:

SB237-SSA1,161,3 961.41 (1m) (h) 4. More than 2,500 grams but not more than 10,000 grams, or more than 50 plants containing tetrahydrocannabinols but not more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class F felony.

SB237-SSA1, s. 684 Section 684. 961.41 (1m) (h) 5. of the statutes is created to read:

SB237-SSA1,161,6 961.41 (1m) (h) 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

SB237-SSA1, s. 685 Section 685. 961.41 (1m) (i) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,161,12 961.41 (1m) (i) Schedule IV drugs. A If a person violates this subsection with respect to 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 the person is guilty of a Class H felony.

SB237-SSA1, s. 686 Section 686. 961.41 (1m) (j) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,161,17 961.41 (1m) (j) Schedule V drugs. A If a person violates this subsection with respect to a substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than 2 years or both the person is guilty of a Class I felony.

SB237-SSA1, s. 687 Section 687. 961.41 (1n) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,161,21 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

SB237-SSA1, s. 688 Section 688. 961.41 (1q) of the statutes is amended to read:

SB237-SSA1,162,2 961.41 (1q) Penalty relating to tetrahydrocannabinols in certain cases. Under s. 961.49 (2), 1997 stats., and subs. (1) (h) and (1m) (h) and s. 961.49 (2), if different penalty provisions apply to a person depending on whether the weight of tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is considered, the greater penalty provision applies.

SB237-SSA1, s. 689 Section 689. 961.41 (1r) of the statutes is amended to read:

SB237-SSA1,162,13 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1997 stats., and subs. (1) and (1m) and s. 961.49 (2) (b), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

SB237-SSA1, s. 690 Section 690. 961.41 (2) (intro.) of the statutes is amended to read:

SB237-SSA1,162,18 961.41 (2) Counterfeit substances. (intro.) Except as authorized by this chapter, it is unlawful for any person to create, manufacture, distribute, deliver or possess with intent to distribute or deliver, a counterfeit substance. Any person who violates this subsection with respect to is subject to the following penalties:

SB237-SSA1, s. 691 Section 691. 961.41 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,162,25 961.41 (2) (a) Counterfeit schedule I and II narcotic drugs. A If a person violates this subsection with respect to a counterfeit substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 22 years and 6 months or both the person is guilty of a Class E felony.

SB237-SSA1, s. 692 Section 692. 961.41 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,163,6 961.41 (2) (b) Counterfeit schedule I, II, III and IV drugs. Any If a person violates this subsection with respect to any other counterfeit substance included in schedule I, II or, III or IV, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both the person is guilty of a Class H felony.

SB237-SSA1, s. 693 Section 693. 961.41 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237-SSA1, s. 694 Section 694. 961.41 (2) (d) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,163,14 961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this subsection with respect to a counterfeit substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than 2 years or both the person is guilty of a Class I felony.

SB237-SSA1, s. 695 Section 695. 961.41 (3g) (a) 1. of the statutes, as affected by 1999 Wisconsin Act 283, is renumbered 961.41 (3g) (am) and amended to read:

SB237-SSA1,163,23 961.41 (3g) (am) Schedule I and II narcotic drugs. Except as provided in subd. 2., if the If a person possesses a controlled substance included in schedule I or II which is a narcotic drug, or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than 2 or both, and for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class I felony.

SB237-SSA1, s. 696 Section 696. 961.41 (3g) (a) 2. of the statutes, as affected by 1997 Wisconsin Act 283, is repealed.

SB237-SSA1, s. 697 Section 697. 961.41 (3g) (a) 3. of the statutes is repealed.

SB237-SSA1, s. 698 Section 698. 961.41 (3g) (b) (title) of the statutes is created to read:

SB237-SSA1,164,3 961.41 (3g) (b) (title) Other drugs generally.

SB237-SSA1, s. 699 Section 699. 961.41 (3g) (c) of the statutes is amended to read:

SB237-SSA1,164,14 961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail 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.

SB237-SSA1, s. 700 Section 700. 961.41 (3g) (d) of the statutes is amended to read:

SB237-SSA1,165,3 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. 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 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.

SB237-SSA1, s. 701 Section 701. 961.41 (3g) (e) of the statutes is amended to read:

SB237-SSA1,165,14 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months 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.

SB237-SSA1, s. 702 Section 702. 961.41 (3g) (f) of the statutes is amended to read:

SB237-SSA1,165,20 961.41 (3g) (f) Gamma-hydroxybutyric acid, gamma-hydroxybutyrolactone, ketamine and flunitrazepam. If a person possesses or attempts to possess gamma-hydroxybutyric acid, gamma-hydroxybutyrolactone, ketamine or flunitrazepam, the person may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class H felony.

SB237-SSA1, s. 703 Section 703. 961.41 (4) (am) 3. of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,165,25 961.41 (4) (am) 3. A person convicted of violating who violates this paragraph may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

SB237-SSA1, s. 704 Section 704. 961.42 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,166,4 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.

SB237-SSA1, s. 705 Section 705. 961.43 (2) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,166,8 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.

SB237-SSA1, s. 706 Section 706. 961.438 of the statutes is repealed.

SB237-SSA1, s. 707 Section 707. 961.455 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,166,15 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is under the age of 17 years of age or under for the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

SB237-SSA1, s. 708 Section 708. 961.455 (3) of the statutes is amended to read:

SB237-SSA1,166,19 961.455 (3) Solicitation under sub. (1) occurs in the manner described under s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s. 939.30 or 948.35.

SB237-SSA1, s. 709 Section 709. 961.46 (1) of the statutes is renumbered 961.46 and amended to read:

SB237-SSA1,167,5 961.46 Distribution to persons under age 18. Except as provided in sub. (3), any If a person 17 years of age or over who violates s. 961.41 (1) by distributing or delivering a controlled substance included in schedule I or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug to a person 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 961.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

SB237-SSA1, s. 710 Section 710. 961.46 (2) of the statutes is repealed.

SB237-SSA1, s. 711 Section 711. 961.46 (3) of the statutes is repealed.

SB237-SSA1, s. 712 Section 712. 961.465 of the statutes is repealed.

SB237-SSA1, s. 713 Section 713. 961.472 (2) of the statutes is amended to read:

SB237-SSA1,167,20 961.472 (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. (am), (c) or (d), 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).

SB237-SSA1, s. 714 Section 714. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and amended to read:

SB237-SSA1,168,4 961.48 (1) (intro.) Except as provided in subs. (2) and (4), any If a person who is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or subsequent offense as provided under this chapter sub. (3) and the person is convicted of that 2nd or subsequent offense may be fined an amount up to twice that otherwise authorized or imprisoned for a term up to twice the term otherwise authorized or both., the maximum term of imprisonment for the offense may be increased as follows:

SB237-SSA1, s. 715 Section 715. 961.48 (1) (a) and (b) of the statutes are created to read:

SB237-SSA1,168,6 961.48 (1) (a) By not more than 6 years, if the offense is a Class C or D felony.

SB237-SSA1,168,7 (b) By not more than 4 years, if the offense is a Class E, F, G, H or I felony.

SB237-SSA1, s. 716 Section 716. 961.48 (2) of the statutes is repealed.

SB237-SSA1, s. 717 Section 717. 961.48 (2m) (a) of the statutes is amended to read:

SB237-SSA1,168,17 961.48 (2m) (a) Whenever a person charged with an a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.

SB237-SSA1, s. 718 Section 718. 961.48 (3) of the statutes is amended to read:

SB237-SSA1,168,24 961.48 (3) For purposes of this section, an a felony offense under this chapter 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 offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

SB237-SSA1, s. 719 Section 719. 961.48 (4) of the statutes is repealed.

SB237-SSA1, s. 720 Section 720. 961.49 (1) of the statutes is renumbered 961.49.

SB237-SSA1, s. 721 Section 721. 961.49 (2) of the statutes is repealed.

SB237-SSA1, s. 722 Section 722. 961.49 (3) of the statutes is repealed.

SB237-SSA1, s. 723 Section 723. 961.492 of the statutes is repealed.

SB237-SSA1, s. 724 Section 724. 968.255 (1) (a) 2. of the statutes is amended to read:

SB237-SSA1,169,7 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, 948.605 (2) (a) or 948.61.

SB237-SSA1, s. 725 Section 725. 968.31 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,169,13 968.31 (1) (intro.) Except as otherwise specifically provided in ss. 196.63 or 968.28 to 968.30, whoever commits any of the acts enumerated in this section may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony:

SB237-SSA1, s. 726 Section 726. 968.34 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,169,17 968.34 (3) Whoever knowingly violates sub. (1) shall may be fined not more than $10,000 or imprisoned for not more than 2 years 9 months or both.

SB237-SSA1, s. 727 Section 727. 968.43 (3) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB237-SSA1,169,22 968.43 (3) Any person who violates an oath or affirmation required by sub. (2) may be imprisoned for not more than 7 years and 6 months is guilty of a Class H felony.

SB237-SSA1, s. 728 Section 728. 969.08 (10) (a) of the statutes is amended to read:

SB237-SSA1,170,3 969.08 (10) (a) "Commission of a serious crime" includes a solicitation, conspiracy or attempt, under s. 939.30, 939.31, or 939.32 or 948.35, to commit a serious crime.

SB237-SSA1, s. 729 Section 729. 969.08 (10) (b) of the statutes is amended to read:

SB237-SSA1,170,11 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

SB237-SSA1, s. 730 Section 730. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

SB237-SSA1,170,23 971.17 (1) (a) Felonies committed before July 1, 2000. When Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed before July 1, 2000, the court shall commit the person to the department of health and family 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 felony or felonies, including imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and other any applicable penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155.

SB237-SSA1,171,2 (c) Felonies punishable by life imprisonment. If the maximum term of imprisonment is a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB237-SSA1, s. 731 Section 731. 971.17 (1) (b) of the statutes is created to read:

SB237-SSA1,171,11 971.17 (1) (b) Felonies committed on or after July 1, 2000. Except as provided in par. (c), when a defendant is found not guilty by reason of mental disease or mental defect of a felony committed on or after July 1, 2000, the court shall commit the person to the department of health and family services for a specified period not exceeding the maximum term of confinement in prison that could be imposed on an offender convicted of the same felony or felonies under ss. 973.01 (2) (b) and 973.15 (2) (a), plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.