AB817,153,87 961.38 (1g) In this section, "medical treatment" includes dispensing or
8administering a narcotic drug for pain, including intractable pain.
AB817, s. 484 9Section 484. 961.38 (4g) of the statutes is created to read:
AB817,153,1210 961.38 (4g) A practitioner may dispense or deliver a controlled substance to or
11for an individual or animal only for medical treatment or authorized research in the
12ordinary course of that practitioner's profession.
AB817, s. 485 13Section 485. 961.38 (4r) of the statutes is created to read:
AB817,153,1714 961.38 (4r) A pharmacist is immune from any civil or criminal liability and
15from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a
16reasonable belief that an order purporting to be a prescription was issued by a
17practitioner in the usual course of professional treatment or in authorized research.
AB817, s. 486 18Section 486. 961.395 of the statutes is created to read:
AB817,153,21 19961.395 Limitation on advanced practice nurses. (1) An advanced
20practice nurse who is certified under s. 441.16 may prescribe controlled substances
21only as permitted by the rules promulgated under s. 441.16 (3).
AB817,153,23 22(2) An advanced practice nurse certified under s. 441.16 shall include with each
23prescription order all of the following:
AB817,153,2424 (a) A statement that he or she is certified under s. 441.16.
AB817,154,2
1(b) The indicated use of the controlled substance that he or she is prescribing
2in the prescription order.
AB817,154,5 3(3) An advanced practice nurse certified under s. 441.16 may dispense a
4controlled substance only by prescribing or administering the controlled substance
5or as otherwise permitted by the rules promulgated under s. 441.16 (3).
AB817, s. 487 6Section 487. 961.41 (1n) of the statutes is created to read:
AB817,154,107 961.41 (1n) Piperidine possession. (a) No person may possess any quantity
8of piperidine or its salts with the intent to use the piperidine or its salts to
9manufacture a controlled substance or controlled substance analog in violation of
10this chapter.
AB817,154,1411 (b) No person may possess any quantity of piperidine or its salts if he or she
12knows or has reason to know that the piperidine or its salts will be used to
13manufacture a controlled substance or controlled substance analog in violation of
14this chapter.
AB817,154,1615 (c) A person who violates par. (a) or (b) may be fined not more than $250,000
16or imprisoned for not more than 10 years or both.
AB817, s. 488 17Section 488. 961.41 (1x) (title) of the statutes is created to read:
AB817,154,1818 961.41 (1x) (title) Conspiracy.
AB817, s. 489 19Section 489. 961.41 (4) (title) of the statutes is created to read:
AB817,154,2020 961.41 (4) (title) Imitation controlled substances.
AB817, s. 490 21Section 490. 961.41 (5) (title) of the statutes is created to read:
AB817,154,2222 961.41 (5) (title) Drug abuse program improvement surcharge.
AB817, s. 491 23Section 491. 961.49 (3) of the statutes is created to read:
AB817,154,2524 961.49 (3) A person who violates sub. (1) may be subject to increased penalties
25under both subs. (1) and (2) regarding the same unlawful act.
AB817, s. 492
1Section 492. 961.573 (2) of the statutes, as affected by 1995 Wisconsin Acts
277, section 494, and .... (this act), is repealed and recreated to read:
AB817,155,43 961.573 (2) Any person who violates this section who is under 17 years of age
4is subject to a disposition under s. 938.344 (2e).
AB817, s. 493 5Section 493. 961.574 (2) of the statutes, as affected by 1995 Wisconsin Acts
677, section 495, and .... (this act), is repealed and recreated to read:
AB817,155,87 961.574 (2) Any person who violates this section who is under 17 years of age
8is subject to a disposition under s. 938.344 (2e).
AB817, s. 494 9Section 494. 961.575 (2) of the statutes, as affected by 1995 Wisconsin Acts
1077, section 496, and .... (this act), is repealed and recreated to read:
AB817,155,1211 961.575 (2) Any person who violates this section who is under 17 years of age
12is subject to a disposition under s. 938.344 (2e).
AB817, s. 495 13Section 495. 967.055 (1) (a) of the statutes is amended to read:
AB817,155,2314 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution
15of offenses concerning the operation of motor vehicles by persons under the influence
16of an intoxicant, a controlled substance, a controlled substance analog or both any
17combination of an intoxicant, controlled substance and controlled substance analog
,
18under the influence of any other drug to a degree which renders him or her incapable
19of safely driving, or under the combined influence of an intoxicant and any other drug
20to a degree which renders him or her incapable of safely driving or having a
21prohibited alcohol concentration, as defined in s. 340.01 (46m), or offenses
22concerning the operation of commercial motor vehicles by persons with an alcohol
23concentration of 0.04 or more.
AB817, s. 496 24Section 496. 967.055 (1) (b) of the statutes is amended to read:
AB817,156,8
1967.055 (1) (b) The legislature intends to encourage the vigorous prosecution
2of offenses concerning the operation of motorboats by persons under the influence of
3an intoxicant, a controlled substance, a controlled substance analog or both any
4combination of an intoxicant, controlled substance and controlled substance analog

5to a degree which renders him or her incapable of operating a motorboat safely, or
6under the combined influence of an intoxicant and any other drug to a degree which
7renders him or her incapable of operating a motorboat safely or having a blood
8alcohol concentration of 0.1% or more.
AB817, s. 497 9Section 497. 967.055 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
10113
, is amended to read:
AB817,157,311 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
12or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
13therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
14use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
15to the court. The application shall state the reasons for the proposed amendment or
16dismissal. The court may approve the application only if the court finds that the
17proposed amendment or dismissal is consistent with the public's interest in deterring
18the operation of motor vehicles by persons who are under the influence of an
19intoxicant, a controlled substance, a controlled substance analog or both any
20combination of an intoxicant, controlled substance and controlled substance analog
,
21under the influence of any other drug to a degree which renders him or her incapable
22of safely driving, or under the combined influence of an intoxicant and any other drug
23to a degree which renders him or her incapable of safely driving, or in deterring the
24operation of commercial motor vehicles by persons with an alcohol concentration of
250.04 or more. The court may not approve an application to amend the vehicle

1classification from a commercial motor vehicle to a noncommercial motor vehicle
2unless there is evidence in the record that the motor vehicle being operated by the
3defendant at the time of his or her arrest was not a commercial motor vehicle.
AB817, s. 498 4Section 498. 967.055 (2) (b) of the statutes is amended to read:
AB817,157,195 967.055 (2) (b) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
6or amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith,
7a charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in
8conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the
9use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall
10apply to the court. The application shall state the reasons for the proposed
11amendment or dismissal. The court may approve the application only if the court
12finds that the proposed amendment or dismissal is consistent with the public's
13interest in deterring the operation of motorboats by persons who are under the
14influence of an intoxicant, a controlled substance, a controlled substance analog or
15both any combination of an intoxicant, controlled substance and controlled
16substance analog
, under the influence of any other drug to a degree which renders
17him or her incapable of operating a motorboat safely, or under the combined influence
18of an intoxicant and any other drug to a degree which renders him or her incapable
19of operating a motorboat safely.
AB817, s. 499 20Section 499. 968.13 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
2111
, is amended to read:
AB817,158,522 968.13 (1) (a) Contraband, which includes without limitation because of
23enumeration lottery tickets, gambling machines or other gambling devices, lewd,
24obscene or indecent written matter, pictures, sound recordings or motion picture
25films, forged money or written instruments and the tools, dies, machines or materials

1for making them, and controlled substances, as defined in s. 161.01 961.01 (4), and
2controlled substance analogs, as defined in s. 961.01 (4m),
and the implements for
3smoking or injecting them. Gambling machines or other gambling devices possessed
4by a shipbuilding business that complies with s. 945.095 are not subject to this
5section.
AB817, s. 500 6Section 500. 968.28 of the statutes is amended to read:
AB817,158,20 7968.28 Application for court order to intercept communications. The
8attorney general together with the district attorney of any county may approve a
9request of an investigative or law enforcement officer to apply to the chief judge of
10the judicial administrative district for the county where the interception is to take
11place for an order authorizing or approving the interception of wire, electronic or oral
12communications. The chief judge may under s. 968.30 grant an order authorizing or
13approving the interception of wire, electronic or oral communications by
14investigative or law enforcement officers having responsibility for the investigation
15of the offense for which the application is made. The authorization shall be permitted
16only if the interception may provide or has provided evidence of the commission of
17the offense of homicide, felony murder, kidnapping, commercial gambling, bribery,
18extortion or, dealing in controlled substances or controlled substance analogs, a
19computer crime that is a felony under s. 943.70, or any conspiracy to commit any of
20the foregoing offenses.
AB817, s. 501 21Section 501. 970.035 of the statutes is amended to read:
AB817,159,8 22970.035 Preliminary examination; child younger than 16 years old.
23Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held
24regarding a child who was waived under s. 48.18 for a violation which is alleged to
25have occurred prior to his or her 16th birthday, the court may bind the child over for

1trial only if there is probable cause to believe that a crime under s. 940.01 has been
2attempted or committed, that a crime under s. 161.41 (1), 940.02, 940.05, 940.06,
3940.225 (1), 940.305, 940.31 or, 943.10 (2) or 961.41 (1) has been committed or that
4a crime that would constitute a felony under ch. 161 or under chs. 939 to 948 or 961
5if committed by an adult has been committed at the request of or for the benefit of
6a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those
7findings, the court shall order that the child be discharged but proceedings may be
8brought regarding the child under ch. 48.
AB817, s. 502 9Section 502. 970.035 of the statutes, as affected by 1995 Wisconsin Acts 77 and
10.... (this act), is repealed and recreated to read:
AB817,159,21 11970.035 Preliminary examination; child younger than 16 years old.
12Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held
13regarding a child who was waived under s. 938.18 for a violation which is alleged to
14have occurred prior to his or her 15th birthday, the court may bind the child over for
15trial only if there is probable cause to believe that a crime under s. 940.03, 940.06,
16940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been
17committed or that a crime that would constitute a felony under chs. 939 to 948 or 961
18if committed by an adult has been committed at the request of or for the benefit of
19a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those
20findings, the court shall order that the child be discharged but proceedings may be
21brought regarding the child under ch. 938.
AB817, s. 503 22Section 503. 971.17 (1) of the statutes is amended to read:
AB817,160,723 971.17 (1) Commitment period. When a defendant is found not guilty by reason
24of mental disease or mental defect, the court shall commit the person to the
25department of health and social services for a specified period not exceeding

1two-thirds of the maximum term of imprisonment that could be imposed under s.
2973.15 (2) (a) against an offender convicted of the same crime or crimes, including
3imprisonment authorized by ss. 161.48, 939.62, 939.621, 939.63, 939.635, 939.64,
4939.641 and, 939.645 and 961.48 and other penalty enhancement statutes, as
5applicable, subject to the credit provisions of s. 973.155. If the maximum term of
6imprisonment is life, the commitment period specified by the court may be life,
7subject to termination under sub. (5).
AB817, s. 504 8Section 504. 971.365 (1) (a) of the statutes is amended to read:
AB817,160,119 971.365 (1) (a) In any case under s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h)
10involving more than one violation, all violations may be prosecuted as a single crime
11if the violations were pursuant to a single intent and design.
AB817, s. 505 12Section 505. 971.365 (1) (b) of the statutes is amended to read:
AB817,160,1513 971.365 (1) (b) In any case under s. 161.41 961.41 (1m) (cm), (d), (e), (f), (g) or
14(h) involving more than one violation, all violations may be prosecuted as a single
15crime if the violations were pursuant to a single intent and design.
AB817, s. 506 16Section 506. 971.365 (1) (c) of the statutes is amended to read:
AB817,160,2017 971.365 (1) (c) In any case under s. 161.41 (2r) (b), (3m), (3n), (3p) or (3r) 961.41
18(3g) (a) 2., (c), (d) or (e)
involving more than one violation, all violations may be
19prosecuted as a single crime if the violations were pursuant to a single intent and
20design.
AB817, s. 507 21Section 507. 971.365 (2) of the statutes is amended to read:
AB817,160,2522 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent
23prosecution for any acts in violation of s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h),
24(1m) (cm), (d), (e), (f), (g) or (h), (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or
25(e)
on which no evidence was received at the trial on the original charge.
AB817, s. 508
1Section 508. 973.0135 (1) (b) 1. of the statutes is amended to read:
AB817,161,32 973.0135 (1) (b) 1. Any felony under s. 161.41 961.41 (1), (1m) or (1x) if the
3felony is punishable by a maximum prison term of 30 years or more.
AB817, s. 509 4Section 509. 973.03 (5) (c) of the statutes is amended to read:
AB817,161,65 973.03 (5) (c) A court may not sentence a person under par. (b) regarding any
6violation under ch. 161 961 or the commission of a serious crime.
AB817, s. 510 7Section 510. 973.05 (1) of the statutes is amended to read:
AB817,162,48 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant
9permission for the payment of the fine, of the penalty assessment imposed by s.
10165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
11assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis
12surcharge under s. 973.046, any applicable drug abuse program improvement
13surcharge imposed by s. 161.41 961.41 (5), any applicable domestic abuse
14assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver
15improvement surcharge imposed by s. 346.655, any applicable weapons assessment
16imposed by s. 167.31, any applicable uninsured employer assessment imposed by s.
17102.85 (4), any applicable environmental assessment imposed by s. 144.992, any
18applicable wild animal protection assessment imposed by s. 29.9965, any applicable
19natural resources assessment imposed by s. 29.997 and any applicable natural
20resources restitution payment imposed by s. 29.998 to be made within a period not
21to exceed 60 days. If no such permission is embodied in the sentence, the fine, the
22penalty assessment, the jail assessment, the crime victim and witness assistance
23surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable
24drug abuse program improvement surcharge, any applicable domestic abuse
25assessment, any applicable driver improvement surcharge, any applicable weapons

1assessment, any applicable uninsured employer assessment, any applicable
2environmental assessment, any applicable wild animal protection assessment, any
3applicable natural resources assessment and any applicable natural resources
4restitution payment shall be payable immediately.
AB817, s. 511 5Section 511. 973.06 (1) (am) 1. of the statutes, as created by 1995 Wisconsin
6Act 53
, is amended to read:
AB817,162,97 973.06 (1) (am) 1. The agency expended the moneys to purchase a controlled
8substance or controlled substance analog that was distributed in violation of ch. 161
9961.
AB817, s. 512 10Section 512. 973.075 (6) of the statutes is amended to read:
AB817,162,1211 973.075 (6) Sections 973.075 to 973.077 do not apply to crimes committed under
12ch. 161 961.
AB817, s. 513 13Section 513. 978.05 (6) (a) of the statutes is amended to read:
AB817,163,214 978.05 (6) (a) Institute, commence or appear in all civil actions or special
15proceedings under and perform the duties set forth for the district attorney under ss.
1617.14, 30.03 (2), 48.09 (1), (2) and (5), 48.18, 48.355 (6) (b) and (6g) (a), 59.073, 59.77,
1770.36, 103.50 (8), 103.92 (4), 109.09, 161.55 (5), 343.305 (9) (a), 453.08, 806.05,
18946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
19connection with court proceedings in a court assigned to exercise jurisdiction under
20ch. 48 as the judge may request and perform all appropriate duties and appear if the
21district attorney is designated in specific statutes, including matters within chs. 782,
22976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority
23of the county board to designate, under s. 48.09 (2) or (5), that the corporation counsel
24provide representation as specified in s. 48.09 (2) or (5) or to designate, under s. 48.09

1(6), the district attorney as an appropriate person to represent the interests of the
2public under s. 48.14.
AB817, s. 514 3Section 514. 978.13 (1) (b) of the statutes, as affected by 1995 Wisconsin Act
427
, is amended to read:
AB817,163,125 978.13 (1) (b) In counties having a population of 500,000 or more, the salary
6and fringe benefit costs of 2 clerk positions providing clerical services to the
7prosecutors in the district attorney's office handling cases involving felony violations
8under ch. 161 961. The state treasurer shall pay the amount authorized under this
9paragraph to the county treasurer pursuant to a voucher submitted by the district
10attorney to the department of administration from the appropriation under s. 20.475
11(1) (h). The amount paid under this paragraph may not exceed $65,800 in the
121995-96 fiscal year and $68,100 in the 1996-97 fiscal year.
AB817, s. 515 13Section 515. Effective dates. This act takes effect on the day after
14publication, except as follows:
AB817,163,24 15(1) The treatment of sections 48.345 (13) (a) and (b), 106.04 (1m) (g) and
16106.215 (1) (cg) of the statutes, the creation of section 938.02 (2e) of the statutes and
17the repeal and recreation of sections 48.31 (4), 48.547 (1), 304.06 (1) (b), 343.30 (5),
18778.25 (1) (a) 1., 938.02 (1p) and (2d), 938.17 (2) (c), (d) and (e), 938.18 (1) (a) 1. and
192., 938.24 (2m) (a) 1. and 3., 938.245 (2) (a) 3., 938.295 (1c) (b) and (c) and (1g), 938.32
20(1g) (intro.), 938.34 (6r) (a) and (b), (6s), (14r) (title), (a) and (b), (14s) (title), (a) (intro.)
21and (am) (intro.) and (14t), 938.343 (10) (intro.), 938.344 (2e) (a) (intro.) and (b) and
22(3), 938.396 (1m) (a), (2) (c) and (7) (b), 938.547 (1), 961.573 (2), 961.574 (2), 961.575
23(2) and 970.035 take effect on July 1, 1996, or on the day after publication, whichever
24is later.
AB817,163,2525 (End)
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