AB817, s. 363 6Section 363. 343.31 (1) (b) of the statutes is amended to read:
AB817,120,147 343.31 (1) (b) Upon the 2nd or any subsequent conviction for operation of a
8motor vehicle while under the influence of an intoxicant or , controlled substance,
9controlled substance analog
or a combination thereof, under the influence of any
10other drug to a degree which renders him or her incapable of safely driving, or under
11the combined influence of an intoxicant and any other drug to a degree which renders
12him or her incapable of safely driving, in accordance with the order of the court. This
13paragraph does not apply to a law of a federally recognized American Indian tribe
14or band in this state.
AB817, s. 364 15Section 364. 343.31 (2) of the statutes is amended to read:
AB817,121,516 343.31 (2) The department shall revoke or suspend, respectively, the operating
17privilege of any resident upon receiving notice of the conviction of such person in
18another jurisdiction for an offense therein which, if committed in this state, would
19have been cause for revocation or suspension under this section or under s. 343.30
20(1q). Such offenses shall include violation of any law of another jurisdiction that
21prohibits use of a motor vehicle while intoxicated or under the influence of a
22controlled substance or controlled substance analog, or a combination thereof, or
23with an excess or specified range of alcohol concentration, or under the influence of
24any drug to a degree that renders the person incapable of safely driving, as those or
25substantially similar terms are used in that jurisdiction's laws. Upon receiving

1similar notice with respect to a nonresident, the department shall revoke or suspend,
2respectively, the privilege of the nonresident to operate a motor vehicle in this state.
3Such suspension or revocation shall not apply to the operation of a commercial motor
4vehicle by a nonresident who holds a valid commercial driver license issued by
5another state.
AB817, s. 365 6Section 365. 343.31 (3) (b) of the statutes is amended to read:
AB817,121,137 343.31 (3) (b) If the suspension results from a first conviction of operation of
8a motor vehicle while under the influence of an intoxicant or, controlled substance,
9controlled substance analog
or a combination thereof, under the influence of any
10other drug to a degree which renders him or her incapable of safely driving, or under
11the combined influence of an intoxicant and any other drug to a degree which renders
12him or her incapable of safely driving and the conviction occurs in another
13jurisdiction, the period of suspension shall be 6 months.
AB817, s. 366 14Section 366. 343.315 (2) (a) 1. of the statutes is amended to read:
AB817,121,2215 343.315 (2) (a) 1. Section 346.63 (1) (a) or a local ordinance in conformity
16therewith or a law of a federally recognized American Indian tribe or band in this
17state in conformity with s. 346.63 (1) (a) or the law of another jurisdiction prohibiting
18driving or operating a motor vehicle while intoxicated or under the influence of
19alcohol, a controlled substance, a controlled substance analog or a combination
20thereof, or under the influence of any drug which renders the person incapable of
21safely driving, as those or substantially similar terms are used in that jurisdiction's
22laws.
AB817, s. 367 23Section 367. 343.315 (2) (a) 6. of the statutes is amended to read:
AB817,122,824 343.315 (2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a
25federally recognized American Indian tribe or band in this state in conformity with

1s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting
2causing or inflicting injury, great bodily harm or death through use of a motor vehicle
3while intoxicated or under the influence of alcohol, a controlled substance, a
4controlled substance analog
or a combination thereof, or with an alcohol
5concentration of 0.04 or more or with an excess or specified range of alcohol
6concentration, or under the influence of any drug to a degree that renders the person
7incapable of safely driving, as those or substantially similar terms are used in that
8jurisdiction's laws.
AB817, s. 368 9Section 368. 343.315 (2) (e) of the statutes is amended to read:
AB817,122,1610 343.315 (2) (e) A person is disqualified for life from operating a commercial
11motor vehicle if the person uses a commercial motor vehicle on or after July 1, 1987,
12in the commission of a felony involving the manufacture, distribution , delivery or
13dispensing of a controlled substance or controlled substance analog, or possession
14with intent to manufacture, distribute, deliver or dispense a controlled substance or
15controlled substance analog
. No person who is disqualified under this paragraph is
16eligible for reinstatement under par. (d).
AB817, s. 369 17Section 369. 343.32 (1m) (b) (intro.) of the statutes is amended to read:
AB817,123,218 343.32 (1m) (b) (intro.) The secretary shall suspend or revoke a person's
19operating privilege for not less than 6 months nor more than 5 years whenever notice
20has been received of the conviction of such person under federal law or the law of a
21federally recognized American Indian tribe or band in this state or the law of another
22jurisdiction for any offense therein which, if the person had committed the offense
23in this state and been convicted of the offense under the laws of this state, would have
24required suspension or revocation of such person's operating privilege under s.

1161.50 961.50. The person is eligible for an occupational license under s. 343.10 as
2follows:
AB817, s. 370 3Section 370. 343.32 (1m) (c) of the statutes is amended to read:
AB817,123,74 343.32 (1m) (c) For purposes of counting the number of convictions under par.
5(b), convictions of any violation of ch. 161 961 shall be counted and given the effect
6specified under par. (b). The 5-year period under this subsection shall be measured
7from the dates of the violations which resulted in the convictions.
AB817, s. 371 8Section 371. 346.63 (1) (a) of the statutes is amended to read:
AB817,123,149 346.63 (1) (a) Under the influence of an intoxicant or, a controlled substance,
10a controlled substance analog
or a any combination of an intoxicant and, a controlled
11substance and a controlled substance analog, under the influence of any other drug
12to a degree which renders him or her incapable of safely driving, or under the
13combined influence of an intoxicant and any other drug to a degree which renders
14him or her incapable of safely driving; or
AB817, s. 372 15Section 372. 346.63 (2) (a) 1. of the statutes is amended to read:
AB817,123,2116 346.63 (2) (a) 1. Under the influence of an intoxicant or, a controlled substance,
17a controlled substance analog
or a any combination of an intoxicant and, a controlled
18substance and a controlled substance analog, under the influence of any other drug
19to a degree which renders him or her incapable of safely driving, or under the
20combined influence of an intoxicant and any other drug to a degree which renders
21him or her incapable of safely driving; or
AB817, s. 373 22Section 373. 346.63 (2) (b) of the statutes is amended to read:
AB817,124,623 346.63 (2) (b) In an action under this subsection, the defendant has a defense
24if he or she proves by a preponderance of the evidence that the injury would have
25occurred even if he or she had been exercising due care and he or she had not been

1under the influence of an intoxicant or, a controlled substance, a controlled substance
2analog
or a combination thereof, under the influence of any other drug to a degree
3which renders him or her incapable of safely driving, or under the combined
4influence of an intoxicant and any other drug to a degree which renders him or her
5incapable of safely driving or did not have a blood alcohol concentration described
6under par. (a) 2.
AB817, s. 374 7Section 374. 346.63 (6) (c) of the statutes is amended to read:
AB817,124,158 346.63 (6) (c) Under par. (a), the person charged has a defense if it appears by
9a preponderance of the evidence that the injury would have occurred even if he or she
10had not been under the influence of an intoxicant or, a controlled substance, a
11controlled substance analog
or a combination thereof, under the influence of any
12other drug to a degree which renders him or her incapable of safely driving, or under
13the combined influence of an intoxicant and any other drug to a degree which renders
14him or her incapable of safely driving or did not have an alcohol concentration
15described under par. (a).
AB817, s. 375 16Section 375. 346.637 (1) of the statutes is amended to read:
AB817,124,1917 346.637 (1) The laws relating to operating a motor vehicle and drinking alcohol
18or, using controlled substances or controlled substance analogs, or both using any
19combination of alcohol, controlled substances and controlled substance analogs
.
AB817, s. 376 20Section 376. 346.637 (2) of the statutes is amended to read:
AB817,124,2321 346.637 (2) The effects of alcohol or , controlled substances or controlled
22substance analogs,
or both the use of them in any combination, on a person's ability
23to operate a motor vehicle.
AB817, s. 377 24Section 377. 346.64 (1) of the statutes is amended to read:
AB817,125,7
1346.64 (1) No person who owns or has direct control of a commercial motor
2vehicle or any vehicle operated upon a highway for the conveyance of passengers for
3hire shall employ as an operator of such vehicle and retain in the person's
4employment any person who is addicted to the excessive use of intoxicating liquor
5or to the use of a controlled substance or controlled substance analog under ch. 161
6961. In addition to being subject to fine or imprisonment as prescribed by law, such
7person shall forfeit $5 for each day such operator is retained in the person's employ.
AB817, s. 378 8Section 378. 349.02 (2) (b) 2. of the statutes is amended to read:
AB817,125,109 349.02 (2) (b) 2. Chapter 161 961 and local ordinances that strictly conform to
10s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2).
AB817, s. 379 11Section 379. 349.13 (5) (b) 5. of the statutes is amended to read:
AB817,125,1312 349.13 (5) (b) 5. The personal property is subject to forfeiture under ss. 161.55
13to 161.56
961.55 to 961.56 and 973.075 to 973.077.
AB817, s. 380 14Section 380. 350.01 (2) of the statutes is amended to read:
AB817,125,1615 350.01 (2) "Controlled substance" has the meaning designated in s. 161.01
16961.01 (4).
AB817, s. 381 17Section 381. 350.01 (2d) of the statutes is created to read:
AB817,125,1918 350.01 (2d) "Controlled substance analog" has the meaning given in s. 961.01
19(4m).
AB817, s. 382 20Section 382. 350.01 (9) of the statutes is amended to read:
AB817,125,2221 350.01 (9) "Intoxicant" means any alcohol beverage, controlled substance,
22controlled substance analog
or other drug or any combination thereof.
AB817, s. 383 23Section 383. 350.11 (3) (d) of the statutes is amended to read:
AB817,126,724 350.11 (3) (d) (title) Alcohol or, controlled substances or controlled substance
25analogs
; assessment. In addition to any other penalty or order, a person who violates

1s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or 940.25 if the violation
2involves the operation of a snowmobile, shall be ordered by the court to submit to and
3comply with an assessment by an approved public treatment facility for an
4examination of the person's use of alcohol or, controlled substances or controlled
5substance analogs
. The assessment order shall comply with s. 343.30 (1q) (c) 1. a.
6to c. Intentional failure to comply with an assessment ordered under this paragraph
7constitutes contempt of court, punishable under ch. 785.
AB817, s. 384 8Section 384. 351.02 (1) (a) 10. of the statutes is amended to read:
AB817,126,249 351.02 (1) (a) 10. Any offense under the law of another jurisdiction prohibiting
10conduct described in sections 6-207, 6-302, 6-303, 10-102, 10-103, 10-104, 11-901,
1111-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance
12(1987), or prohibiting homicide or manslaughter resulting from the operation of a
13motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless
14driving or driving a motor vehicle with wilful or wanton disregard for the safety of
15persons or property, driving or operating a motor vehicle while under the influence
16of alcohol, a controlled substance, a controlled substance analog or any other drug
17or a combination thereof as prohibited, refusal to submit to chemical testing,
18operating a motor vehicle while the operating privilege or operator's license is
19revoked or suspended, perjury or the making false statements or affidavits to a
20governmental agency in connection with the ownership or operation of a motor
21vehicle, failing to stop and identify oneself as the driver or operator in the event of
22a motor vehicle accident with a person or an attended motor vehicle or fleeing from
23or attempting to elude a police, law enforcement or other peace officer, as those or
24substantially similar terms are used in that jurisdiction's laws.
AB817, s. 385 25Section 385. 441.16 (1) (b) 2. of the statutes is amended to read:
AB817,127,1
1441.16 (1) (b) 2. Controlled substances, as defined in s. 161.01 961.01 (4).
AB817, s. 386 2Section 386. 447.07 (3) (L) of the statutes is amended to read:
AB817,127,33 447.07 (3) (L) Violated ch. 161 or 450 or 961.
AB817, s. 387 4Section 387. 448.01 (11) of the statutes is amended to read:
AB817,127,85 448.01 (11) "Unprofessional conduct" means those acts or attempted acts of
6commission or omission defined as unprofessional conduct by the board under the
7authority delegated to the board by s. 15.08 (5) (b) and any act by a physician or
8podiatrist in violation of ch. 161 or 450 or 961.
AB817, s. 388 9Section 388. 450.01 (4) of the statutes is amended to read:
AB817,127,1110 450.01 (4) "Controlled substance" has the meaning designated in s. 161.01
11961.01 (4).
AB817, s. 389 12Section 389. 450.01 (20) (b) of the statutes is amended to read:
AB817,127,1713 450.01 (20) (b) Any controlled substance listed included in schedules II to V of
14ch. 161 961, whether by statute or rule, except substances which by law may be
15dispensed without the prescription order of a practitioner. Controlled substances are
16included within this definition for purposes of s. 450.11 (3), (4) (a) and (8) only and
17for violations thereof punishable under s. 450.11 (9).
AB817, s. 390 18Section 390. 450.02 (3) (d) of the statutes is amended to read:
AB817,127,2019 450.02 (3) (d) Necessary for the administration and enforcement of this chapter
20and ch. 161 961.
AB817, s. 391 21Section 391. 450.10 (1) (a) 2. of the statutes is amended to read:
AB817,127,2422 450.10 (1) (a) 2. Violating this chapter or, subject to s. 961.38 (4r), ch. 161 961
23or any federal or state statute or rule which substantially relates to the practice of
24the licensee.
AB817, s. 392 25Section 392. 450.10 (3) (b) of the statutes is amended to read:
AB817,128,6
1450.10 (3) (b) Any health care professional who in good faith provides another
2health care professional with information concerning a violation of this chapter or
3ch. 161 961 by any person shall be immune from any civil or criminal liability that
4results from any act or omission in providing such information. In any
5administrative or court proceeding, the good faith of the health care professional
6providing such information shall be presumed.
AB817, s. 393 7Section 393. 450.17 of the statutes is amended to read:
AB817,128,11 8450.17 Violations. Each member of the board shall investigate and institute
9actions for violations of this chapter by any person and for violation of ch. 161 961
10by pharmacists. The district attorney of the proper county shall promptly prosecute
11any such violation upon notice from any source.
AB817, s. 394 12Section 394. 453.04 of the statutes is amended to read:
AB817,128,17 13453.04 Violations. The chairperson of the examining board shall institute
14actions for violations of this chapter by any person and for violations of ch. 161 or 450
15or 961 by veterinarians. The district attorney of the county in which the offense is
16committed shall promptly prosecute any such violation upon being informed thereof,
17from any source.
AB817, s. 395 18Section 395. 632.32 (6) (b) 4. of the statutes is amended to read:
AB817,129,219 632.32 (6) (b) 4. Any use of the motor vehicle for unlawful purposes, or for
20transportation of liquor in violation of law, or while the driver is under the influence
21of an intoxicant or a controlled substance or controlled substance analog under ch.
22161 961 or a combination thereof, under the influence of any other drug to a degree
23which renders him or her incapable of safely driving, or under the combined
24influence of an intoxicant and any other drug to a degree which renders him or her

1incapable of safely driving, or any use of the motor vehicle in a reckless manner. In
2this subdivision, "drug" has the meaning specified in s. 450.01 (10).
AB817, s. 396 3Section 396. 753.061 (2) of the statutes is amended to read:
AB817,129,84 753.061 (2) The chief judge of the 1st judicial administrative district shall
5designate 2 circuit court branches that will primarily handle cases that involve a
6violation of ch. 161 961 involving a controlled substance included in schedule I or II
7under ch. 161 961 or a controlled substance analog of a controlled substance included
8in schedule I or II under ch. 961
.
AB817, s. 397 9Section 397. 778.25 (1) (a) 1. of the statutes is amended to read:
AB817,129,1410 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573
11(2), 161.574 (2) or 161.575 (2)
961.573 (2), 961.574 (2) or 961.575 (2) or under a local
12ordinance strictly conforming to one of those statutes brought against an adult in
13circuit court or against a minor in the court assigned to exercise jurisdiction under
14ch. 48.
AB817, s. 398 15Section 398. 778.25 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin Acts
1677 and .... (this act), is repealed and recreated to read:
AB817,129,2017 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573
18(2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one
19of those statutes brought against an adult in circuit court or against a minor in the
20court assigned to exercise jurisdiction under chs. 48 and 938.
AB817, s. 399 21Section 399. 814.60 (2) (cn) of the statutes is amended to read:
AB817,129,2322 814.60 (2) (cn) Drug abuse program improvement surcharge imposed by s.
23161.41 961.41 (5).
AB817, s. 400 24Section 400. 818.02 (7) of the statutes is amended to read:
AB817,130,3
1818.02 (7) In an action for a forfeiture under s. 161.573 (2), 161.574 (2) or
2161.575 (2)
961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance strictly
3conforming to one of those statutes.
AB817, s. 401 4Section 401. 823.113 (1) of the statutes is amended to read:
AB817,130,105 823.113 (1) Any building or structure that is used to facilitate the delivery,
6distribution
or manufacture, as defined in s. 161.01 961.01 (6), (9) and (13)
7respectively, of a controlled substance, as defined in s. 161.01 961.01 (4), or a
8controlled substance analog, as defined in s. 961.01 (4m),
and any building or
9structure where those acts take place, is a public nuisance and may be proceeded
10against under this section.
AB817, s. 402 11Section 402. 885.235 (1) (a) 1. of the statutes is amended to read:
AB817,130,1712 885.235 (1) (a) 1. The fact that the analysis shows that there was more than
130.0% but less than 0.08% by weight of alcohol in the person's blood or more than 0.0
14grams but less than 0.08 grams of alcohol in 210 liters of the person's breath is
15relevant evidence on the issue of being under the combined influence of alcohol and
16a controlled substance, a controlled substance analog or any other drug, but, except
17as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.
AB817, s. 403 18Section 403. 885.235 (1) (a) 2. of the statutes is amended to read:
AB817,130,2419 885.235 (1) (a) 2. The fact that the analysis shows that there was more than
200.0% but less than 0.1% by weight of alcohol in the person's blood or more than 0.0
21grams but less than 0.1 grams of alcohol in 210 liters of the person's breath is relevant
22evidence on the issue of being under the combined influence of alcohol and a
23controlled substance, controlled substance analog or any other drug but, except as
24provided in par. (d) or sub. (1m), is not to be given any prima facie effect.
AB817, s. 404 25Section 404. 885.235 (5) (b) of the statutes is amended to read:
AB817,131,2
1885.235 (5) (b) "Controlled substance" has the meaning specified in s. 161.01
2961.01 (4).
AB817, s. 405 3Section 405. 885.235 (5) (bd) of the statutes is created to read:
AB817,131,54 885.235 (5) (bd) "Controlled substance analog" has the meaning given in s.
5961.01 (4m).
AB817, s. 406 6Section 406. 895.437 (1) (b) of the statutes is amended to read:
AB817,131,87 895.437 (1) (b) "Controlled substance" has the meaning given in s. 161.01
8961.01 (4).
AB817, s. 407 9Section 407. 895.437 (1) (bd) of the statutes is created to read:
Loading...
Loading...