Amendment ASA1-AB3

AB3-ASA1,168,5 961.41 (2) (b) Counterfeit schedule I, II, III, and IV drugs. Any Except as provided in par. (cm), 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.

AB3-ASA1, s. 747 Section 747. 961.41 (2) (c) of the statutes is repealed.

AB3-ASA1, s. 748 Section 748. 961.41 (2) (cm) of the statutes is amended to read:

AB3-ASA1,168,11 961.41 (2) (cm) Counterfeit flunitrazepam. A If a person violates this subsection with respect to 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 the person is guilty of a Class G felony.

AB3-ASA1, s. 749 Section 749. 961.41 (2) (d) of the statutes is amended to read:

AB3-ASA1,168,16 961.41 (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.

AB3-ASA1, s. 750 Section 750. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am) and amended to read:

AB3-ASA1,169,2 961.41 (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 years 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.

AB3-ASA1, s. 751 Section 751. 961.41 (3g) (a) 2. of the statutes is repealed.

AB3-ASA1, s. 752 Section 752. 961.41 (3g) (a) 3. of the statutes is repealed.

AB3-ASA1, s. 753 Section 753. 961.41 (3g) (b) of the statutes is amended to read:

AB3-ASA1,169,11 961.41 (3g) (b) Other drugs generally. 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.

AB3-ASA1, s. 754 Section 754. 961.41 (3g) (c) of the statutes is amended to read:

AB3-ASA1,169,22 961.41 (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.

AB3-ASA1, s. 755 Section 755. 961.41 (3g) (d) of the statutes is amended to read:

AB3-ASA1,170,11 961.41 (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.

AB3-ASA1, s. 756 Section 756. 961.41 (3g) (dm) of the statutes is repealed.

AB3-ASA1, s. 757 Section 757. 961.41 (3g) (e) of the statutes is amended to read:

AB3-ASA1,170,23 961.41 (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.

AB3-ASA1, s. 758 Section 758. 961.41 (3g) (f) of the statutes is amended to read:

AB3-ASA1,171,5 961.41 (3g) (f) Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine, or flunitrazepam. If a person possesses or attempts to possess gamma-hydroxybutyric acid, gamma-butyrolactone, 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.

AB3-ASA1, s. 759 Section 759. 961.41 (4) (am) 3. of the statutes is amended to read:

AB3-ASA1,171,9 961.41 (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.

AB3-ASA1, s. 760 Section 760. 961.42 (2) of the statutes is amended to read:

AB3-ASA1,171,12 961.42 (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.

AB3-ASA1, s. 761 Section 761. 961.43 (2) of the statutes is amended to read:

AB3-ASA1,171,15 961.43 (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.

AB3-ASA1, s. 762 Section 762. 961.437 (4) (a) of the statutes is amended to read:

AB3-ASA1,171,19 961.437 (4) (a) For a first offense, the person shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB3-ASA1, s. 763 Section 763. 961.437 (4) (b) of the statutes is amended to read:

AB3-ASA1,171,23 961.437 (4) (b) For a 2nd or subsequent offense, the person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB3-ASA1, s. 764 Section 764. 961.438 of the statutes is repealed.

AB3-ASA1, s. 765 Section 765. 961.455 (1) of the statutes is amended to read:

AB3-ASA1,172,4 961.455 (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.

AB3-ASA1, s. 766 Section 766. 961.455 (3) of the statutes is amended to read:

AB3-ASA1,172,8 961.455 (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.

AB3-ASA1, s. 767 Section 767. 961.46 (1) of the statutes is renumbered 961.46 and amended to read:

AB3-ASA1,172,19 961.46 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.

AB3-ASA1, s. 768 Section 768. 961.46 (2) of the statutes is repealed.

AB3-ASA1, s. 769 Section 769. 961.46 (3) of the statutes is repealed.

AB3-ASA1, s. 770 Section 770. 961.465 of the statutes is repealed.

AB3-ASA1, s. 771 Section 771. 961.472 (2) of the statutes is amended to read:

AB3-ASA1,173,10 961.472 (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) 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).

AB3-ASA1, s. 772 Section 772. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and amended to read:

AB3-ASA1,173,19 961.48 (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:

AB3-ASA1, s. 773 Section 773. 961.48 (1) (a) and (b) of the statutes are created to read:

AB3-ASA1,173,21 961.48 (1) (a) By not more than 6 years, if the offense is a Class C or D felony.

AB3-ASA1,173,22 (b) By not more than 4 years, if the offense is a Class E, F, G, H, or I felony.

AB3-ASA1, s. 774 Section 774. 961.48 (2) of the statutes is repealed.

AB3-ASA1, s. 775 Section 775. 961.48 (2m) (a) of the statutes is amended to read:

AB3-ASA1,174,8 961.48 (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.

AB3-ASA1, s. 776 Section 776. 961.48 (3) of the statutes is amended to read:

AB3-ASA1,174,15 961.48 (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.

AB3-ASA1, s. 777 Section 777. 961.48 (4) of the statutes is repealed.

AB3-ASA1, s. 778 Section 778. 961.49 (1) of the statutes is renumbered 961.49, and 961.49 (intro.) of the statutes, as renumbered, is amended to read:

AB3-ASA1,175,3 961.49 Distribution of or possession with intent to deliver a controlled substance on or near certain places. (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (em), (f), (g) or (h) by 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 and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

AB3-ASA1, s. 779 Section 779. 961.49 (2) of the statutes is repealed.

AB3-ASA1, s. 780 Section 780. 961.49 (3) of the statutes is repealed.

AB3-ASA1, s. 781 Section 781. 961.492 of the statutes is repealed.

AB3-ASA1, s. 782 Section 782. 961.55 (1) (d) 3. of the statutes is amended to read:

AB3-ASA1,175,9 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41 (3g) (b), (c), (d), (dm), (e) or (f); and

AB3-ASA1, s. 783 Section 783. 961.573 (3) of the statutes is amended to read:

AB3-ASA1,175,16 961.573 (3) No person may use, or possess with the primary intent to use, drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB3-ASA1, s. 784 Section 784. 961.574 (3) of the statutes is amended to read:

AB3-ASA1,175,24 961.574 (3) No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB3-ASA1, s. 785 Section 785. 961.575 (3) of the statutes is amended to read:

AB3-ASA1,176,4 961.575 (3) Any person 17 years of age or over who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under may be fined not more than $50,000 or imprisoned for not more than 10 years or both is guilty of a Class G felony.

AB3-ASA1, s. 786 Section 786. 967.04 (9) of the statutes is amended to read:

AB3-ASA1,176,12 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order and preside at the taking of a videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped deposition into evidence without an additional hearing under s. 908.08.

AB3-ASA1, s. 787 Section 787. 968.255 (1) (a) 2. of the statutes is amended to read:

AB3-ASA1,176,15 968.255 (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.

AB3-ASA1, s. 788 Section 788. 968.31 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,176,20 968.31 (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:

AB3-ASA1, s. 789 Section 789. 968.34 (3) of the statutes is amended to read:

AB3-ASA1,176,23 968.34 (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.

AB3-ASA1, s. 790 Section 790. 968.43 (3) of the statutes is amended to read:

AB3-ASA1,177,3 968.43 (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.

AB3-ASA1, s. 791 Section 791. 969.08 (10) (a) of the statutes is amended to read:

AB3-ASA1,177,7 969.08 (10) (a) "Commission of a serious crime" includes a solicitation, conspiracy or attempt, under s. 948.35, 1999 stats., or s. 939.30, 939.31, or 939.32 or 948.35, to commit a serious crime.

AB3-ASA1, s. 792 Section 792. 969.08 (10) (b) of the statutes is amended to read:

AB3-ASA1,177,16 969.08 (10) (b) "Serious crime" means any crime specified in s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or 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.

AB3-ASA1, s. 793 Section 793. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and amended to read:

AB3-ASA1,178,4 971.17 (1) (a) Felonies committed before the effective date of this paragraph .... [revisor inserts date]. 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 the effective date of this paragraph .... [revisor inserts date], 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, 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.

AB3-ASA1,178,8 (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).

AB3-ASA1, s. 794 Section 794. 971.17 (1) (b) of the statutes is created to read:

AB3-ASA1,178,18 971.17 (1) (b) Felonies committed on or after the effective date of this paragraph .... [revisor inserts date]. 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 the effective date of this paragraph .... [revisor inserts date], 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, plus imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB3-ASA1, s. 795 Section 795. 971.17 (1) (d) of the statutes is created to read:

AB3-ASA1,179,2 971.17 (1) (d) Misdemeanors. When a defendant is found not guilty by reason of mental disease or mental defect of a misdemeanor, 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 against an offender convicted of the same misdemeanor, including imprisonment authorized by any applicable penalty enhancement statutes, subject to the credit provisions of s. 973.155.

AB3-ASA1, s. 796 Section 796. 971.365 (1) (a) of the statutes is amended to read: