LRBs0074/1
MGD:wlj&jld:rs
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 183
April 6, 2005 - Offered by Representative Rhoades.
AB183-ASA1,1,12
1An Act to renumber 961.437 (2) and 961.49;
to renumber and amend 961.437
2(3), 961.437 (4), 961.437 (5) and 961.46;
to amend 101.10 (title), 101.10 (3) (e),
3895.555 (title), 895.555 (1), 938.34 (14s) (am) (intro.), 939.62 (2m) (a) 2m. d.,
4939.62 (2m) (d), 948.015 (6), 961.23 (2), 961.23 (4), 961.23 (5), 961.41 (1r),
5961.437 (title), 961.49 (title) and 973.01 (2) (c) 2. a.; and
to create 101.10 (3) (f),
6111.335 (1) (cs) 5., 125.12 (2) (ag) 5m., 125.12 (2) (ag) 6m., 125.12 (4) (ag) 7m.,
7125.12 (4) (ag) 8m., 939.32 (1) (g), 939.62 (2m) (a) 2m. am., 961.01 (14f), 961.22
8(3) (b), 961.23 (7), 961.23 (8), 961.41 (3j), 961.437 (1) (title), 961.437 (2m),
9961.437 (3m) (title), 961.453, 961.46 (2), 961.49 (2m), 973.017 (8) (a) 3. and
10973.017 (8) (c) of the statutes;
relating to: pseudoephedrine and other
11materials used to produce methamphetamine, the distribution of
12methamphetamine to minors, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB183-ASA1,2,3
2101.10 (title)
Storage and handling of anhydrous ammonia; theft of
3liquid nitrogen, anhydrous ammonia, and anhydrous ammonia equipment.
AB183-ASA1,2,95
101.10
(3) (e) Intentionally take, carry away, use, conceal, or retain possession
6of
liquid nitrogen, anhydrous ammonia
belonging to another, or anhydrous ammonia
7equipment belonging to another, without the other's consent and with intent to
8deprive the owner permanently of possession of the
liquid nitrogen, anhydrous
9ammonia
, or anhydrous ammonia equipment.
AB183-ASA1, s. 3
10Section
3. 101.10 (3) (f) of the statutes is created to read:
AB183-ASA1,2,1411
101.10
(3) (f) Intentionally release or allow the escape of anhydrous ammonia
12belonging to another into the atmosphere. This paragraph does not apply if the
13owner has authorized the actor to exercise control over the anhydrous ammonia or
14has consented to its release.
AB183-ASA1, s. 4
15Section
4. 111.335 (1) (cs) 5. of the statutes is created to read:
AB183-ASA1,2,1816
111.335
(1) (cs) 5. Possessing any of the materials listed in s. 961.437 (2m) with
17intent to manufacture methamphetamine under that subsection or under a federal
18law or a law of another state that is substantially similar to s. 961.437 (2m).
AB183-ASA1, s. 5
19Section
5. 125.12 (2) (ag) 5m. of the statutes is created to read:
AB183-ASA1,2,2320
125.12
(2) (ag) 5m. The person has been convicted of possessing any of the
21materials listed in s. 961.437 (2m) with intent to manufacture methamphetamine
22under that subsection or under a federal law or a law of another state that is
23substantially similar to s. 961.437 (2m).
AB183-ASA1, s. 6
24Section
6. 125.12 (2) (ag) 6m. of the statutes is created to read:
AB183-ASA1,3,4
1125.12
(2) (ag) 6m. The person knowingly allows another person, who is on the
2premises for which the license under this chapter is issued, to possess any of the
3materials listed in s. 961.437 (2m) with the intent to manufacture
4methamphetamine.
AB183-ASA1, s. 7
5Section
7. 125.12 (4) (ag) 7m. of the statutes is created to read:
AB183-ASA1,3,96
125.12
(4) (ag) 7m. That the licensee has been convicted of possessing any of
7the materials listed in s. 961.437 (2m) with intent to manufacture
8methamphetamine under that subsection or under a federal law or a law of another
9state that is substantially similar to s. 961.437 (2m).
AB183-ASA1, s. 8
10Section
8. 125.12 (4) (ag) 8m. of the statutes is created to read:
AB183-ASA1,3,1411
125.12
(4) (ag) 8m. That the licensee knowingly allows another person, who is
12on the premises for which the license under this chapter is issued, to possess any of
13the materials listed in s. 961.437 (2m) with the intent to manufacture
14methamphetamine.
AB183-ASA1, s. 9
15Section
9. 895.555 (title) of the statutes is amended to read:
AB183-ASA1,3,17
16895.555 (title)
Liability exemption; anhydrous ammonia and liquid
17nitrogen.
AB183-ASA1,3,2519
895.555
(1) Liability exemption. Except as provided under sub. (2), any person
20who owns, maintains, or installs anhydrous ammonia equipment, as defined in s.
21101.10 (1) (b), or who uses anhydrous ammonia
or liquid nitrogen for any legal
22purpose is immune from any civil liability for acts or omissions relating to the
23anhydrous ammonia equipment or to anhydrous ammonia
or liquid nitrogen that
24cause damage or injury to an individual, if that damage or injury occurs during the
25individual's violation of s. 101.10 (3) (c), (d),
or (e)
, or (f).
AB183-ASA1, s. 11
1Section
11. 938.34 (14s) (am) (intro.) of the statutes is amended to read:
AB183-ASA1,4,42
938.34
(14s) (am) (intro.) In addition to any other dispositions imposed under
3this section, if the juvenile is found to have violated s. 961.41 (1) or (1m)
or 961.437
4(2m), the court shall order one of the following penalties:
AB183-ASA1,4,76
939.32
(1) (g) Whoever attempts to commit a crime under s. 101.10 (3) (e) is
7subject to the penalty for the completed act, as provided in s. 101.10 (4) (b).
AB183-ASA1, s. 13
8Section
13. 939.62 (2m) (a) 2m. am. of the statutes is created to read:
AB183-ASA1,4,99
939.62
(2m) (a) 2m. am. A crime under s. 961.437 (2m).
AB183-ASA1, s. 14
10Section
14. 939.62 (2m) (a) 2m. d. of the statutes is amended to read:
AB183-ASA1,4,1311
939.62
(2m) (a) 2m. d. A crime at any time under federal law or the law of any
12other state or, prior to April 28, 1994, under the law of this state that is comparable
13to a crime specified in subd. 2m. a.,
am., b.
, or c.
AB183-ASA1,4,2015
939.62
(2m) (d) If a prior conviction is being considered as being covered under
16par. (a) 1m. b.
, or 2m. d. as comparable to a felony specified under par. (a) 1m. a. or
172m. a.,
am., b.
, or c., the conviction may be counted as a prior conviction under par.
18(b) only if the court determines, beyond a reasonable doubt, that the violation
19relating to that conviction would constitute a felony specified under par. (a) 1m. a.
20or 2m. a.,
am., b.
, or c. if committed by an adult in this state.
AB183-ASA1,4,2522
948.015
(6) Sections 961.01 (6) and (9) and Section 961.49, relating to
23delivering and distributing offenses involving an intent to deliver or distribute
24controlled substances or controlled substance analogs
to children at or near certain
25places.
AB183-ASA1,5,42
961.01
(14f) "Methamphetamine precursor" means ephedrine,
3pseudoephedrine phenylpropanolamine, or any of their salts, isomers, and salts of
4isomers that are theoretically possible within the specific chemical designation.
AB183-ASA1,5,76
961.22
(3) (b) Pseudoephedrine. This paragraph does not apply under any of
7the following circumstances:
AB183-ASA1,5,98
1. The pseudoephedrine is in a product that contains therapeutically
9significant quantities of another active medicinal ingredient.
AB183-ASA1,5,1010
2. The pseudoephedrine is in a liquid or a soft gelatin capsule.
AB183-ASA1,5,1211
3. The controlled substances board has determined, by rule, that the
12pseudoephedrine cannot be used readily in the manufacture of methamphetamine.
AB183-ASA1,5,1614
961.23
(2) That they be sold at retail only by a registered pharmacist
or, if the
15product is one to which s. 961.22 (3) (b) applies, a person working under the direct
16supervision of a registered pharmacist when sold in a retail establishment.
AB183-ASA1,5,2418
961.23
(4) That any person purchasing such a substance at the time of
19purchase present to the seller that person's correct name
and, address
, and, if the
20person is purchasing a product to which s. 961.22 (3) (b) applies, an identification
21card containing the person's photograph. The seller shall record the name and
22address and the name and quantity of the product sold. The purchaser and the seller
23shall sign the record of this transaction. The giving of a false name or false address
24by the purchaser shall be prima facie evidence of a violation of s. 961.43 (1) (a).
AB183-ASA1,6,4
1961.23
(5) That no person may purchase more than 8 ounces of a product
2containing opium or more than 4 ounces of a product containing any other schedule
3V substance
other than pseudoephedrine within a 48-hour period without the
4authorization of a physician, dentist
, or veterinarian
nor.
AB183-ASA1,6,10
5(6) That no person other than a physician, dentist, veterinarian, or pharmacist 6may
possess more than 8 ounces of a product containing opium or more than 4 ounces
7of a product containing any other schedule V substance
be in the possession of any
8person other than a physician, dentist, veterinarian or pharmacist
other than
9pseudoephedrine at any time without the authorization of a physician, dentist
, or
10veterinarian.
AB183-ASA1,6,1512
961.23
(7) That no person other than a physician, dentist, veterinarian, or
13pharmacist may purchase more than 9 grams of a product to which s. 961.22 (3) (b)
14applies within a 30-day period without the authorization of a physician, dentist, or
15veterinarian.
AB183-ASA1,6,1817
961.23
(8) That no person may sell a product to which s. 961.22 (3) (b) applies
18to a person under 18 years of age.
AB183-ASA1,7,520
961.41
(1r) Determining weight of substance. In determining amounts under
21s. 961.49 (2) (b), 1999 stats.,
and subs. (1) and (1m),
and s. 961.437 (2m), an amount
22includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid
23diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
24methamphetamine precursors, methcathinone
, or tetrahydrocannabinols or any
25controlled substance analog of any of these substances together with any compound,
1mixture, diluent, plant material or other substance mixed or combined with the
2controlled substance
or, controlled substance analog
, or methamphetamine
3precursor. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the
4amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t)
5and includes the weight of any marijuana.
AB183-ASA1,7,127
961.41
(3j) Purchase of pseudoephedrine. Whoever, other than a physician,
8dentist, veterinarian, or pharmacist, purchases within a 30-day period more than
99 grams of a product to which s. 961.22 (3) (b) applies from a single seller other than
10by purchasing the product in person from a pharmacy or pharmacist is guilty of a
11Class I felony. This subsection does not apply to a purchase that is authorized by a
12physician, dentist, or veterinarian.
AB183-ASA1,7,15
14961.437 (title)
Possession and disposal of Materials used in and waste
15produced from manufacture of methamphetamine.
AB183-ASA1, s. 27
16Section
27. 961.437 (1) (title) of the statutes is created to read:
AB183-ASA1,7,1717
961.437
(1) (title)
Definitions.
AB183-ASA1, s. 28
18Section
28. 961.437 (2) of the statutes is renumbered 961.437 (3m) (a).
AB183-ASA1,8,220
961.437
(2m) Materials used in manufacture of methamphetamine. Except
21as authorized by this chapter, any person who possesses a methamphetamine
22precursor, red phosphorus, lithium metal, sodium metal, iodine, anhydrous
23ammonia, pressurized ammonia, or liquid nitrogen with intent to manufacture
24methamphetamine is guilty of a Class H felony. Possession of more than 24 grams
1of methamphetamine precursors shall be prima facie evidence of intent to
2manufacture methamphetamine.
AB183-ASA1, s. 30
3Section
30. 961.437 (3) of the statutes is renumbered 961.437 (3m) (b), and
4961.437 (3m) (b) (intro.) and 2., as renumbered, are amended to read:
AB183-ASA1,8,75
961.437
(3m) (b) (intro.)
Subsection (2) Paragraph (a) does not apply to a person
6who possesses or disposes of methamphetamine manufacturing waste under all of
7the following circumstances:
AB183-ASA1,8,98
2. The methamphetamine manufacturing waste had previously been possessed
9or disposed of by another person in violation of
sub. (2) par. (a).
AB183-ASA1, s. 31
10Section
31. 961.437 (3m) (title) of the statutes is created to read:
AB183-ASA1,8,1111
961.437
(3m) (title)
Waste from manufacture of methamphetamine.
AB183-ASA1, s. 32
12Section
32. 961.437 (4) of the statutes is renumbered 961.437 (3m) (c), and
13961.437 (3m) (c) (intro.), as renumbered, is amended to read:
AB183-ASA1,8,1514
961.437
(3m) (c) (intro.) A person who violates
sub. (2) par. (a) is subject to the
15following penalties:
AB183-ASA1, s. 33
16Section
33. 961.437 (5) of the statutes is renumbered 961.437 (3m) (d) and
17amended to read:
AB183-ASA1,8,1918
961.437
(3m) (d) Each day of a continuing violation of
sub. (2) par. (a)
1. or
(b) 192. constitutes a separate offense.
