AB817: Bill Text

AB817, s. 442 Section 442. 938.396 (7) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,142,6 938.396 (7) (b) If a juvenile is found to have committed a delinquent act at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would have been a felony under chs. 939 to 948 or 961 if committed by an adult and is adjudged delinquent on that basis, within 5 days after the date on which the dispositional order is entered the court clerk shall notify the school board of the school district in which the juvenile is enrolled or the school board's designee of the fact that the juvenile has been adjudicated delinquent on that basis, the nature of the violation committed by the juvenile and the disposition imposed on the juvenile under s. 938.34 as a result of that violation.

AB817, s. 443 Section 443. 938.547 (1) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,142,21 938.547 (1) Legislative findings and purpose. The legislature finds that the use and abuse of alcohol and other drugs by juveniles is a state responsibility of statewide dimension. The legislature recognizes that there is a lack of adequate procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To reduce the incidence of alcohol and other drug abuse by juveniles, the legislature deems it necessary to experiment with solutions to the problems of the use and abuse of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other drug abuse pilot program in a limited number of counties. The purpose of the program is to develop intake and court procedures that screen, assess and give new dispositional alternatives for juveniles with needs and problems related to the use of alcohol beverages, controlled substances or controlled substance analogs who come within the jurisdiction of a court assigned to exercise jurisdiction under this chapter and ch. 48 in the pilot counties selected by the department.

AB817, s. 444 Section 444. 939.22 (21) (a) of the statutes is amended to read:

AB817,142,24 939.22 (21) (a) Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 161.41 961.41 (1).

AB817, s. 445 Section 445. 939.22 (42) of the statutes is amended to read:

AB817,143,6 939.22 (42) "Under the influence of an intoxicant" means that the actor's ability to operate a vehicle or handle a firearm or airgun is materially impaired because of his or her consumption of an alcohol beverage or, of a controlled substance or controlled substance analog under ch. 161 or both, 961, of any combination of an alcohol beverage, controlled substance and controlled substance analog, or of any other drug or of an alcohol beverage and any other drug.

AB817, s. 446 Section 446. 939.30 (1) of the statutes is amended to read:

AB817,143,11 939.30 (1) Except as provided in sub. (2) and ss. 161.455 and 948.35 and 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D felony.

AB817, s. 447 Section 447. 939.31 of the statutes is amended to read:

AB817,143,19 939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and, 940.45 (4) and 961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is life imprisonment, the actor is guilty of a Class B felony.

AB817, s. 448 Section 448. 939.62 (2m) (a) 1. of the statutes is amended to read:

AB817,143,22 939.62 (2m) (a) 1. Any felony under s. 161.41 961.41 (1), (1m) or (1x) if the felony is punishable by a maximum prison term of 30 years or more.

AB817, s. 449 Section 449. 939.625 (1) (a) of the statutes is amended to read:

AB817,144,3 939.625 (1) (a) If a person is convicted of a crime under ch. 161 or under chs. 939 to 948 or 961 committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal conduct by criminal gang members, the penalties for the underlying crime are increased as provided in par. (b).

AB817, s. 450 Section 450. 939.63 (1) (c) of the statutes is amended to read:

AB817,144,6 939.63 (1) (c) This subsection applies only to crimes specified under chs. 161 and 939 to 951 and 961.

AB817, s. 451 Section 451. 940.02 (2) (a) of the statutes is amended to read:

AB817,144,13 940.02 (2) (a) By manufacture, distribution or delivery, in violation of s. 961.41, of a controlled substance classified included in schedule I or II under ch. 161 in violation of s. 161.41 which 961 or of a controlled substance analog of a controlled substance included in schedule I or II under ch. 961, if another human being uses the controlled substance or controlled substance analog and dies as a result of that use. This paragraph applies:

AB817,144,17 1. 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.

AB817,144,20 2. Whether or not the controlled substance or controlled substance analog is mixed or combined with any compound, mixture, diluent or other substance after the violation of s. 161.41 961.41 occurs.

AB817,145,3 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 classified included in schedule I or II under ch. 161 961 or of the controlled substance analog of the controlled substance included in schedule I or II under ch. 961 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. 161.41 961.41 is guilty under this paragraph.

AB817, s. 452 Section 452. 940.02 (2) (b) of the statutes is amended to read:

AB817,145,12 940.02 (2) (b) By administering or assisting in administering a controlled substance classified 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 of ch. 961, 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.

AB817, s. 453 Section 453. 941.296 (2) (intro.) of the statutes is amended to read:

AB817,145,16 941.296 (2) (intro.)  Whoever uses or possesses a handgun during the commission of a crime under chs. 161 or 939 to 948 or 961 is guilty of a Class E felony under any of the following circumstances.

AB817, s. 454 Section 454. 941.38 (1) (b) 1. of the statutes is amended to read:

AB817,145,19 941.38 (1) (b) 1. Manufacture, distribution or delivery of a controlled substance or controlled substance analog, as prohibited in s. 161.41 961.41 (1).

AB817, s. 455 Section 455. 946.82 (4) of the statutes, as affected by 1995 Wisconsin Act 133, is amended to read:

AB817,146,9 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 161 and 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.17, 221.31, 221.39, 221.40, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04, 945.05, 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

AB817, s. 456 Section 456. 948.015 (6) of the statutes is amended to read:

AB817,146,13 948.015 (6) Sections 161.01 961.01 (6) and (9) and 161.49 961.49, relating to delivery and distributing controlled substances or controlled substance analogs to children.

AB817, s. 457 Section 457. 948.07 (6) of the statutes is amended to read:

AB817,146,16 948.07 (6) Giving or selling to the child a controlled substance or controlled substance analog in violation of ch. 161 961.

AB817, s. 458 Section 458. 948.35 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB817,146,24 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455 961.455, any person who has attained the age of 17 years and who, with the intent that a felony be committed and under circumstances that indicate unequivocally that he or she has the intent, knowingly solicits, advises, hires, directs or counsels a person 17 years of age or under to commit that felony may be fined or imprisoned or both, not to exceed the maximum penalty for the felony.

AB817, s. 459 Section 459. 949.08 (2) (e) of the statutes is amended to read:

AB817,147,7 949.08 (2) (e) Is an adult passenger in the offender's vehicle and the crime involved is specified in s. 346.63 (2) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or both any combination of an intoxicant, controlled substance and controlled substance analog, or had a prohibited alcohol concentration, as defined in s. 340.01 (46m). This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

AB817, s. 460 Section 460. 949.08 (2) (em) of the statutes is amended to read:

AB817,147,15 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or both any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

AB817, s. 461 Section 461. 951.06 of the statutes is amended to read:

AB817,148,2 951.06 Use of poisonous and controlled substances. No person may expose any domestic animal owned by another to any known poisonous substance or, any controlled substance listed in s. 161.14 included in schedule I, II, III, IV or V of ch. 961, or any controlled substance analog of a controlled substance included in schedule I or II of ch. 961, whether mixed with meat or other food or not, so that the substance is liable to be eaten by the animal and for the purpose of harming the animal. This section shall not apply to poison used on one's own premises and designed for the purpose of rodent or pest extermination nor to the use of a controlled substance in bona fide experiments carried on for scientific research or in accepted veterinary practices.

AB817, s. 462 Section 462. 961.001 (1g) of the statutes is created to read:

AB817,148,6 961.001 (1g) Many of the controlled substances included in this chapter have useful and legitimate medical and scientific purposes and are necessary to maintain the health and general welfare of the people of this state.

AB817, s. 463 Section 463. 961.001 (1m) of the statutes is created to read:

AB817,148,10 961.001 (1m) The manufacture, distribution, delivery, possession and use of controlled substances for other than legitimate purposes have a substantial and detrimental effect on the health and general welfare of the people of this state.

AB817, s. 464 Section 464. 961.01 (4m) of the statutes is created to read:

AB817,148,14 961.01 (4m) (a) "Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in schedule I or II and:

AB817,148,18 1. Which has a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II; or

AB817,148,23 2. With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.

AB817,148,24 (b) "Controlled substance analog" does not include:

AB817,148,25 1. A controlled substance;

AB817,149,1 2. A substance for which there is an approved new drug application;

AB817,149,4 3. A substance with respect to which an exemption is in effect for investigational use by a particular person under 21 USC 355 to the extent that conduct with respect to the substance is permitted by the exemption; or

AB817,149,6 4. Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

AB817, s. 465 Section 465. 961.01 (11m) of the statutes is created to read:

AB817,149,9 961.01 (11m) "Drug enforcement administration" means the drug enforcement administration of the U.S. department of justice or its successor agency.

AB817, s. 466 Section 466. 961.01 (12g) of the statutes is created to read:

AB817,149,15 961.01 (12g) "Isomer" means an optical isomer, but in ss. 961.14 (2) (er) and (qs) and 961.16 (2) (b) 1. "isomer" includes any geometric isomer; in ss. 961.14 (2) (cg), (tg) and (xm) and 961.20 (4) (am) "isomer" includes any positional isomer; and in ss. 961.14 (2) (rj) and (4) and 961.18 (2m) "isomer" includes any positional or geometric isomer.

AB817, s. 467 Section 467. 961.01 (15) (bm) of the statutes is created to read:

AB817,149,20 961.01 (15) (bm) Synthetic opiate, and any derivative of synthetic opiate, including any of their isomers, esters, ethers, esters and ethers of isomers, salts and salts of isomers, esters, ethers and esters and ethers of isomers that are theoretically possible within the specific chemical designation.

AB817, s. 468 Section 468. 961.01 (15) (d) of the statutes is created to read:

AB817,149,23 961.01 (15) (d) Any compound, mixture or preparation containing any quantity of any substance included in pars. (a) to (c).

AB817, s. 469 Section 469. 961.11 (1r) of the statutes is created to read:

AB817,150,3 961.11 (1r) The controlled substances board may consider findings of the federal food and drug administration or the drug enforcement administration as prima facie evidence relating to one or more of the determinative factors.

AB817, s. 470 Section 470. 961.11 (4m) of the statutes is created to read:

AB817,150,24 961.11 (4m) The controlled substances board, by rule and without regard to the requirements of sub. (1m), may schedule a controlled substance analog as a substance in schedule I regardless of whether the substance is substantially similar to a controlled substance in schedule I or II, if the board finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under 21 USC 355. Upon receipt of notice under s. 961.25, the board shall initiate scheduling of the controlled substance analog on an emergency basis under this subsection. The scheduling of a controlled substance analog under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors under sub. (1m) (d), (e) and (f), and may also consider clandestine importation, manufacture or distribution, and, if available, information concerning the other factors under sub. (1m). The board may not promulgate a rule under this subsection until it initiates a rule-making proceeding under subs. (1), (1m), (1r) and (2) with respect to the controlled substance analog. A rule promulgated under this subsection lapses upon the conclusion of the rule-making proceeding initiated under subs. (1), (1m), (1r) and (2) with respect to the substance.

AB817, s. 471 Section 471. 961.13 (2m) of the statutes is created to read:

AB817,151,4 961.13 (2m) The controlled substances board may add a substance to schedule I without making the findings required under sub. (1m) if the substance is controlled under schedule I of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 472 Section 472. 961.15 (2m) of the statutes is created to read:

AB817,151,9 961.15 (2m) The controlled substances board may add a substance to schedule II without making the findings required under sub. (1m) if the substance is controlled under schedule II of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 473 Section 473. 961.16 (3) (cm) of the statutes is created to read:

AB817,151,11 961.16 (3) (cm) Carfentanal;

AB817, s. 474 Section 474. 961.17 (2m) of the statutes is created to read:

AB817,151,16 961.17 (2m) The controlled substances board may add a substance to schedule III without making the findings required under sub. (1m) if the substance is controlled under schedule III of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 475 Section 475. 961.18 (3) (m) 1., 2. and 3. of the statutes are created to read:

AB817,151,18 961.18 (3) (m) 1. Amobarbital.

AB817,151,19 2. Secobarbital.

AB817,151,20 3. Pentobarbital.

AB817, s. 476 Section 476. 961.18 (3) (n) 1., 2. and 3. of the statutes are created to read:

AB817,151,22 961.18 (3) (n) 1. Amobarbital.

AB817,151,23 2. Secobarbital.

AB817,151,24 3. Pentobarbital.

AB817, s. 477 Section 477. 961.19 (2m) of the statutes is created to read:

AB817,152,4 961.19 (2m) The controlled substances board may add a substance to schedule IV without making the findings required under sub. (1m) if the substance is controlled under schedule IV of 21 USC 812 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 478 Section 478. 961.20 (2m) (ad) of the statutes is created to read:

AB817,152,6 961.20 (2m) (ad) Cathine.

AB817, s. 479 Section 479. 961.20 (2m) (br) of the statutes is created to read: