AB817: Bill Text

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.

AB817, s. 433 Section 433. 938.34 (14s) (a) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,138,25 938.34 (14s) (a) (intro.) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated s. 961.41 (3g), the court shall order one of the following penalties:

AB817, s. 434 Section 434. 938.34 (14s) (am) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,139,5 938.34 (14s) (am) (intro.) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated s. 961.41 (1) or (1m), the court shall order one of the following penalties:

AB817, s. 435 Section 435. 938.34 (14t) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,139,21 938.34 (14t) Possession of a controlled substance or controlled substance analog on or near certain premises. If the juvenile is adjudicated delinquent under a violation of s. 961.41 (3g) by possessing or attempting to possess a controlled substance included in schedule I or II under ch. 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961 while in or on the premises of a scattered-site public housing project, as defined in s. 961.01 (20i), while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, as defined in s. 961.01 (12m), a multiunit public housing project, as defined in s. 961.01 (14m), a swimming pool open to members of the public, a youth center, as defined in s. 961.01 (22), or a community center, while in or on or otherwise within 1,000 feet of any private or public school premises or while in or on or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court shall require that the juvenile participate for 100 hours in a supervised work program or other community service work under sub. (5g).

AB817, s. 436 Section 436. 938.343 (10) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,140,3 938.343 (10) (intro.) If the violation is related to the use or abuse of alcohol beverages, controlled substances or controlled substance analogs, order the juvenile to do any of the following:

AB817, s. 437 Section 437. 938.344 (2e) (a) (intro.) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,140,10 938.344 (2e) (a) (intro.) If a court finds a juvenile committed a violation under s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes, 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 and, in addition, shall order one of the following penalties:

AB817, s. 438 Section 438. 938.344 (2e) (b) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,140,18 938.344 (2e) (b) Whenever a court suspends or revokes a juvenile's operating privilege under this subsection, 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 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. 439 Section 439. 938.344 (3) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,141,3 938.344 (3) If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. 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. 440 Section 440. 938.396 (1m) (a) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,141,11 938.396 (1m) (a) If requested by the school district administrator of a public school district, a law enforcement agency may provide to the school district administrator any information in its records relating to the use, possession or distribution of alcohol or a controlled substance or controlled substance analog by a pupil enrolled in the public school district. The information shall be used by the school district as provided under s. 118.127 (2).

AB817, s. 441 Section 441. 938.396 (2) (c) of the statutes, as created by 1995 Wisconsin Act 77, is repealed and recreated to read:

AB817,141,20 938.396 (2) (c) Upon request of a law enforcement agency to review court records for the purpose of investigating a crime that might constitute criminal gang activity, as defined in s. 941.38 (1) (b), the court shall open for inspection by authorized representatives of the law enforcement agency the records of the court relating to any juvenile who has been 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.

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: