AB817: Bill Text

AB817,127,11 450.01 (4) "Controlled substance" has the meaning designated in s. 161.01 961.01 (4).

AB817, s. 389 Section 389. 450.01 (20) (b) of the statutes is amended to read:

AB817,127,17 450.01 (20) (b) Any controlled substance listed included in schedules II to V of ch. 161 961, whether by statute or rule, except substances which by law may be dispensed without the prescription order of a practitioner. Controlled substances are included within this definition for purposes of s. 450.11 (3), (4) (a) and (8) only and for violations thereof punishable under s. 450.11 (9).

AB817, s. 390 Section 390. 450.02 (3) (d) of the statutes is amended to read:

AB817,127,20 450.02 (3) (d) Necessary for the administration and enforcement of this chapter and ch. 161 961.

AB817, s. 391 Section 391. 450.10 (1) (a) 2. of the statutes is amended to read:

AB817,127,24 450.10 (1) (a) 2. Violating this chapter or, subject to s. 961.38 (4r), ch. 161 961 or any federal or state statute or rule which substantially relates to the practice of the licensee.

AB817, s. 392 Section 392. 450.10 (3) (b) of the statutes is amended to read:

AB817,128,6 450.10 (3) (b) Any health care professional who in good faith provides another health care professional with information concerning a violation of this chapter or ch. 161 961 by any person shall be immune from any civil or criminal liability that results from any act or omission in providing such information. In any administrative or court proceeding, the good faith of the health care professional providing such information shall be presumed.

AB817, s. 393 Section 393. 450.17 of the statutes is amended to read:

AB817,128,11 450.17 Violations. Each member of the board shall investigate and institute actions for violations of this chapter by any person and for violation of ch. 161 961 by pharmacists. The district attorney of the proper county shall promptly prosecute any such violation upon notice from any source.

AB817, s. 394 Section 394. 453.04 of the statutes is amended to read:

AB817,128,17 453.04 Violations. The chairperson of the examining board shall institute actions for violations of this chapter by any person and for violations of ch. 161 or 450 or 961 by veterinarians. The district attorney of the county in which the offense is committed shall promptly prosecute any such violation upon being informed thereof, from any source.

AB817, s. 395 Section 395. 632.32 (6) (b) 4. of the statutes is amended to read:

AB817,129,2 632.32 (6) (b) 4. Any use of the motor vehicle for unlawful purposes, or for transportation of liquor in violation of law, or while the driver is under the influence of an intoxicant or a controlled substance or controlled substance analog under ch. 161 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or any use of the motor vehicle in a reckless manner. In this subdivision, "drug" has the meaning specified in s. 450.01 (10).

AB817, s. 396 Section 396. 753.061 (2) of the statutes is amended to read:

AB817,129,8 753.061 (2) The chief judge of the 1st judicial administrative district shall designate 2 circuit court branches that will primarily handle cases that involve a violation of ch. 161 961 involving a controlled substance included in schedule I or II under ch. 161 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961.

AB817, s. 397 Section 397. 778.25 (1) (a) 1. of the statutes is amended to read:

AB817,129,14 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under ch. 48.

AB817, s. 398 Section 398. 778.25 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

AB817,129,20 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.

AB817, s. 399 Section 399. 814.60 (2) (cn) of the statutes is amended to read:

AB817,129,23 814.60 (2) (cn) Drug abuse program improvement surcharge imposed by s. 161.41 961.41 (5).

AB817, s. 400 Section 400. 818.02 (7) of the statutes is amended to read:

AB817,130,3 818.02 (7) In an action for a forfeiture under s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance strictly conforming to one of those statutes.

AB817, s. 401 Section 401. 823.113 (1) of the statutes is amended to read:

AB817,130,10 823.113 (1) Any building or structure that is used to facilitate the delivery, distribution or manufacture, as defined in s. 161.01 961.01 (6), (9) and (13) respectively, of a controlled substance, as defined in s. 161.01 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), and any building or structure where those acts take place, is a public nuisance and may be proceeded against under this section.

AB817, s. 402 Section 402. 885.235 (1) (a) 1. of the statutes is amended to read:

AB817,130,17 885.235 (1) (a) 1. The fact that the analysis shows that there was more than 0.0% but less than 0.08% by weight of alcohol in the person's blood or more than 0.0 grams but less than 0.08 grams of alcohol in 210 liters of the person's breath is relevant evidence on the issue of being under the combined influence of alcohol and a controlled substance, a controlled substance analog or any other drug, but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

AB817, s. 403 Section 403. 885.235 (1) (a) 2. of the statutes is amended to read:

AB817,130,24 885.235 (1) (a) 2. The fact that the analysis shows that there was more than 0.0% but less than 0.1% by weight of alcohol in the person's blood or more than 0.0 grams but less than 0.1 grams of alcohol in 210 liters of the person's breath is relevant evidence on the issue of being under the combined influence of alcohol and a controlled substance, controlled substance analog or any other drug but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

AB817, s. 404 Section 404. 885.235 (5) (b) of the statutes is amended to read:

AB817,131,2 885.235 (5) (b) "Controlled substance" has the meaning specified in s. 161.01 961.01 (4).

AB817, s. 405 Section 405. 885.235 (5) (bd) of the statutes is created to read:

AB817,131,5 885.235 (5) (bd) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 406 Section 406. 895.437 (1) (b) of the statutes is amended to read:

AB817,131,8 895.437 (1) (b) "Controlled substance" has the meaning given in s. 161.01 961.01 (4).

AB817, s. 407 Section 407. 895.437 (1) (bd) of the statutes is created to read:

AB817,131,11 895.437 (1) (bd) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 408 Section 408. 895.437 (2) (b) of the statutes is amended to read:

AB817,131,14 895.437 (2) (b) Illegal use of a controlled substance or controlled substance analog.

AB817, s. 409 Section 409. 895.437 (3) of the statutes is amended to read:

AB817,131,21 895.437 (3) An owner or employe of a lodging establishment may deny lodging to an adult if the owner or employe reasonably believes that consumption of an alcohol beverage by an underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or illegal use of a controlled substance or controlled substance analog, may occur in the area of the lodging establishment procured.

AB817, s. 410 Section 410. 895.53 (2) of the statutes is amended to read:

AB817,132,3 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or both any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB817, s. 411 Section 411. 938.02 (1p) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,132,10 938.02 (1p) "Alcohol or other drug abuse impairment" means a condition of a person which is exhibited by characteristics of habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs to the extent that the person's health is substantially affected or endangered or the person's social or economic functioning is substantially disrupted.

AB817, s. 412 Section 412. 938.02 (2d) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,132,13 938.02 (2d) "Controlled substance" has the meaning given in s. 961.01 (4).

AB817, s. 413 Section 413. 938.02 (2e) of the statutes is created to read:

AB817,132,16 938.02 (2e) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

AB817, s. 414 Section 414. 938.17 (2) (c) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,133,5 938.17 (2) (c) The citation procedures described in ch. 800 shall govern proceedings involving juveniles in municipal court, except that this chapter shall govern the taking and holding of a juvenile in custody and par. (cg) shall govern the issuing of a summons to the juvenile's parent, guardian or legal custodian. When a juvenile is before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon a citation alleging the juvenile to have violated a civil law or municipal ordinance, the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's parent, guardian and legal custodian within 7 days. The agency issuing a citation to a juvenile who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under s. 938.24 for informational purposes only.

AB817, s. 415 Section 415. 938.17 (2) (d) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,133,22 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.

AB817, s. 416 Section 416. 938.17 (2) (e) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,134,4 938.17 (2) (e) If a municipal court finds that a juvenile violated a municipal ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter a dispositional order under s. 938.344 that is authorized under par. (cm).

AB817, s. 417 Section 417. 938.18 (1) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,134,9 938.18 (1) (a) 1. If the juvenile is alleged to have violated s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2), 943.32 (2) or 961.41 (1) on or after the juvenile's 14th birthday.

AB817, s. 418 Section 418. 938.18 (1) (a) 2. of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,134,15 938.18 (1) (a) 2. If the juvenile is alleged to have committed, on or after the juvenile's 14th birthday, a violation, at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult.

AB817, s. 419 Section 419. 938.24 (2m) (a) 1. of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,134,19 938.24 (2m) (a) 1. Any juvenile alleged to have committed a violation specified under ch. 961.

AB817, s. 420 Section 420. 938.24 (2m) (a) 3. of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,134,25 938.24 (2m) (a) 3. Any juvenile alleged to have committed any offense which appears to the intake worker to be directly motivated by the juvenile's need to purchase or otherwise obtain alcohol beverages, controlled substances or controlled substance analogs.

AB817, s. 421 Section 421. 938.245 (2) (a) 3. of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,135,10 938.245 (2) (a) 3. That the juvenile submit to an alcohol and other drug abuse assessment that conforms to the criteria specified under s. 938.547 (4) and that is conducted by an approved treatment facility for an examination of the juvenile's use of alcohol beverages, controlled substances or controlled substance analogs and any medical, personal, family or social effects caused by its use, if the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects.

AB817, s. 422 Section 422. 938.295 (1c) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,135,14 938.295 (1c) (b) The juvenile was adjudicated delinquent on the basis of an offense specified in ch. 961.

AB817, s. 423 Section 423. 938.295 (1c) (c) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,135,20 938.295 (1c) (c) The greater weight of the evidence at the fact-finding hearing indicates that any offense which formed the basis for the adjudication was motivated by the juvenile's need to purchase or otherwise obtain alcohol beverages, controlled substances or controlled substance analogs.

AB817, s. 424 Section 424. 938.295 (1g) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,136,9 938.295 (1g) If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the court order, report the results of the assessment to the court, except that, upon request by the approved treatment facility and if the juvenile is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the juvenile is in need of treatment, intervention or education relating to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and, if so, shall recommend a service plan and appropriate treatment from an approved treatment facility, intervention from a court-approved pupil assistance program or education from a court-approved alcohol or other drug abuse education program.

AB817, s. 425 Section 425. 938.32 (1g) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,136,17 938.32 (1g) (intro.) If the petition alleges that the juvenile committed a violation specified under ch. 961 and if the multidisciplinary screen conducted under s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family and social effects, the judge or juvenile court commissioner may establish as a condition under sub. (1) any of the following:

AB817, s. 426 Section 426. 938.34 (6r) (a) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,137,5 938.34 (6r) (a) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of treatment for the use or abuse of alcohol beverages, controlled substances or controlled substance analogs and its medical, personal, family or social effects, the court may order the juvenile to enter an outpatient alcohol and other drug abuse treatment program at an approved treatment facility. The approved treatment facility shall, under the terms of a service agreement between the county and the approved treatment facility, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile as to whether the juvenile is cooperating with the treatment and whether the treatment appears to be effective.

AB817, s. 427 Section 427. 938.34 (6r) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,137,16 938.34 (6r) (b) If the report prepared under s. 938.33 (1) recommends that the juvenile is in need of education relating to the use of alcohol beverages, controlled substances or controlled substance analogs, the court may order the juvenile to participate in an alcohol or other drug abuse education program approved by the court. The person or agency that provides the education program shall, under the terms of a service agreement between the county and the education program, or with the written informed consent of the juvenile or the juvenile's parent if the juvenile has not attained the age of 12, report to the agency primarily responsible for providing services to the juvenile about the juvenile's attendance at the program.

AB817, s. 428 Section 428. 938.34 (6s) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,137,22 938.34 (6s) If the report under s. 938.33 (1) indicate that the juvenile is in need of treatment for the use or abuse of controlled substances or controlled substance analogs, order the juvenile to submit to drug testing under a drug testing program that the department shall promulgate by rule.

AB817, s. 429 Section 429. 938.34 (14r) (title) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,138,2 938.34 (14r) (title) Violations relating to controlled substances or controlled substance analogs.

AB817, s. 430 Section 430. 938.34 (14r) (a) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,138,11 938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court shall suspend or revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation of ch. 961.

AB817, s. 431 Section 431. 938.34 (14r) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,138,16 938.34 (14r) (b) This subsection does not apply to violations under s. 961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB817, s. 432 Section 432. 938.34 (14s) (title) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,138,20 938.34 (14s) (title) Possession of controlled substances or controlled substance analogs.