AB817, s. 437 4Section 437. 938.344 (2e) (a) (intro.) of the statutes, as created by 1995
5Wisconsin Act 77
, is repealed and recreated to read:
AB817,140,106 938.344 (2e) (a) (intro.) If a court finds a juvenile committed a violation under
7s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms
8to one of those statutes, the court shall suspend or revoke the juvenile's operating
9privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years
10and, in addition, shall order one of the following penalties:
AB817, s. 438 11Section 438. 938.344 (2e) (b) of the statutes, as created by 1995 Wisconsin Act
1277
, is repealed and recreated to read:
AB817,140,1813 938.344 (2e) (b) Whenever a court suspends or revokes a juvenile's operating
14privilege under this subsection, the court shall immediately take possession of any
15suspended or revoked license and forward it to the department of transportation,
16together with the notice of suspension or revocation clearly stating that the
17suspension or revocation is for a violation under s. 961.573 (2), 961.574 (2) or 961.575
18(2), or a local ordinance that strictly conforms to one of those statutes.
AB817, s. 439 19Section 439. 938.344 (3) of the statutes, as created by 1995 Wisconsin Act 77,
20is repealed and recreated to read:
AB817,141,321 938.344 (3) If the juvenile alleged to have committed the violation is within 3
22months of his or her 17th birthday, the court assigned to exercise jurisdiction under
23this chapter and ch. 48 may, at the request of the district attorney or on its own
24motion, dismiss the citation without prejudice and refer the matter to the district
25attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only

1on the issue of his or her age. This subsection does not apply to violations under s.
2961.573 (2), 961.574 (2) or 961.575 (2) or a local ordinance that strictly conforms to
3one of those statutes.
AB817, s. 440 4Section 440. 938.396 (1m) (a) of the statutes, as created by 1995 Wisconsin Act
577
, is repealed and recreated to read:
AB817,141,116 938.396 (1m) (a) If requested by the school district administrator of a public
7school district, a law enforcement agency may provide to the school district
8administrator any information in its records relating to the use, possession or
9distribution of alcohol or a controlled substance or controlled substance analog by a
10pupil enrolled in the public school district. The information shall be used by the
11school district as provided under s. 118.127 (2).
AB817, s. 441 12Section 441. 938.396 (2) (c) of the statutes, as created by 1995 Wisconsin Act
1377
, is repealed and recreated to read:
AB817,141,2014 938.396 (2) (c) Upon request of a law enforcement agency to review court
15records for the purpose of investigating a crime that might constitute criminal gang
16activity, as defined in s. 941.38 (1) (b), the court shall open for inspection by
17authorized representatives of the law enforcement agency the records of the court
18relating to any juvenile who has been found to have committed a delinquent act at
19the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that
20would have been a felony under chs. 939 to 948 or 961 if committed by an adult.
AB817, s. 442 21Section 442. 938.396 (7) (b) of the statutes, as created by 1995 Wisconsin Act
2277
, is repealed and recreated to read:
AB817,142,623 938.396 (7) (b) If a juvenile is found to have committed a delinquent act at the
24request of or for the benefit of a criminal gang, as defined in s. 939.22 (9), that would
25have been a felony under chs. 939 to 948 or 961 if committed by an adult and is

1adjudged delinquent on that basis, within 5 days after the date on which the
2dispositional order is entered the court clerk shall notify the school board of the
3school district in which the juvenile is enrolled or the school board's designee of the
4fact that the juvenile has been adjudicated delinquent on that basis, the nature of
5the violation committed by the juvenile and the disposition imposed on the juvenile
6under s. 938.34 as a result of that violation.
AB817, s. 443 7Section 443. 938.547 (1) of the statutes, as created by 1995 Wisconsin Act 77,
8is repealed and recreated to read:
AB817,142,219 938.547 (1) Legislative findings and purpose. The legislature finds that the
10use and abuse of alcohol and other drugs by juveniles is a state responsibility of
11statewide dimension. The legislature recognizes that there is a lack of adequate
12procedures to screen, assess and treat juveniles for alcohol and other drug abuse. To
13reduce the incidence of alcohol and other drug abuse by juveniles, the legislature
14deems it necessary to experiment with solutions to the problems of the use and abuse
15of alcohol and other drugs by juveniles by establishing a juvenile alcohol and other
16drug abuse pilot program in a limited number of counties. The purpose of the
17program is to develop intake and court procedures that screen, assess and give new
18dispositional alternatives for juveniles with needs and problems related to the use
19of alcohol beverages, controlled substances or controlled substance analogs who
20come within the jurisdiction of a court assigned to exercise jurisdiction under this
21chapter and ch. 48 in the pilot counties selected by the department.
AB817, s. 444 22Section 444. 939.22 (21) (a) of the statutes is amended to read:
AB817,142,2423 939.22 (21) (a) Manufacture, distribution or delivery of a controlled substance
24or controlled substance analog, as prohibited in s. 161.41 961.41 (1).
AB817, s. 445 25Section 445. 939.22 (42) of the statutes is amended to read:
AB817,143,6
1939.22 (42) "Under the influence of an intoxicant" means that the actor's ability
2to operate a vehicle or handle a firearm or airgun is materially impaired because of
3his or her consumption of an alcohol beverage or, of a controlled substance or
4controlled substance analog
under ch. 161 or both, 961, of any combination of an
5alcohol beverage, controlled substance and controlled substance analog, or
of any
6other drug or of an alcohol beverage and any other drug.
AB817, s. 446 7Section 446. 939.30 (1) of the statutes is amended to read:
AB817,143,118 939.30 (1) Except as provided in sub. (2) and ss. 161.455 and 948.35 and
9961.455
, whoever, with intent that a felony be committed, advises another to commit
10that crime under circumstances that indicate unequivocally that he or she has the
11intent is guilty of a Class D felony.
AB817, s. 447 12Section 447. 939.31 of the statutes is amended to read:
AB817,143,19 13939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and,
14940.45 (4) and 961.41 (1x), whoever, with intent that a crime be committed, agrees
15or combines with another for the purpose of committing that crime may, if one or
16more of the parties to the conspiracy does an act to effect its object, be fined or
17imprisoned or both not to exceed the maximum provided for the completed crime;
18except that for a conspiracy to commit a crime for which the penalty is life
19imprisonment, the actor is guilty of a Class B felony.
AB817, s. 448 20Section 448. 939.62 (2m) (a) 1. of the statutes is amended to read:
AB817,143,2221 939.62 (2m) (a) 1. Any felony under s. 161.41 961.41 (1), (1m) or (1x) if the
22felony is punishable by a maximum prison term of 30 years or more.
AB817, s. 449 23Section 449. 939.625 (1) (a) of the statutes is amended to read:
AB817,144,324 939.625 (1) (a) If a person is convicted of a crime under ch. 161 or under chs.
25939 to 948 or 961 committed for the benefit of, at the direction of or in association with

1any criminal gang, with the specific intent to promote, further or assist in any
2criminal conduct by criminal gang members, the penalties for the underlying crime
3are increased as provided in par. (b).
AB817, s. 450 4Section 450. 939.63 (1) (c) of the statutes is amended to read:
AB817,144,65 939.63 (1) (c) This subsection applies only to crimes specified under chs. 161
6and 939 to 951 and 961.
AB817, s. 451 7Section 451. 940.02 (2) (a) of the statutes is amended to read:
AB817,144,138 940.02 (2) (a) By manufacture, distribution or delivery, in violation of s. 961.41,
9of a controlled substance classified included in schedule I or II under ch. 161 in
10violation of s. 161.41 which
961 or of a controlled substance analog of a controlled
11substance included in schedule I or II under ch. 961, if
another human being uses the
12controlled substance or controlled substance analog
and dies as a result of that use.
13This paragraph applies:
AB817,144,1714 1. Whether the human being dies as a result of using the controlled substance
15or controlled substance analog by itself or with any compound, mixture, diluent or
16other substance mixed or combined with the controlled substance or controlled
17substance analog
.
AB817,144,2018 2. Whether or not the controlled substance or controlled substance analog is
19mixed or combined with any compound, mixture, diluent or other substance after the
20violation of s. 161.41 961.41 occurs.
AB817,145,321 3. To any distribution or delivery described in this paragraph, regardless of
22whether the distribution or delivery is made directly to the human being who dies.
23If possession of the controlled substance classified included in schedule I or II under
24ch. 161 961 or of the controlled substance analog of the controlled substance included
25in schedule I or II under ch. 961
is transferred more than once prior to the death as

1described in this paragraph, each person who distributes or delivers the controlled
2substance or controlled substance analog in violation of s. 161.41 961.41 is guilty
3under this paragraph.
AB817, s. 452 4Section 452. 940.02 (2) (b) of the statutes is amended to read:
AB817,145,125 940.02 (2) (b) By administering or assisting in administering a controlled
6substance classified included in schedule I or II under ch. 161 961 or a controlled
7substance analog of a controlled substance included in schedule I or II of ch. 961
,
8without lawful authority to do so, to another human being and that human being dies
9as a result of the use of the substance. This paragraph applies whether the human
10being dies as a result of using the controlled substance or controlled substance analog
11by itself or with any compound, mixture, diluent or other substance mixed or
12combined with the controlled substance or controlled substance analog.
AB817, s. 453 13Section 453. 941.296 (2) (intro.) of the statutes is amended to read:
AB817,145,1614 941.296 (2) (intro.)  Whoever uses or possesses a handgun during the
15commission of a crime under chs. 161 or 939 to 948 or 961 is guilty of a Class E felony
16under any of the following circumstances.
AB817, s. 454 17Section 454. 941.38 (1) (b) 1. of the statutes is amended to read:
AB817,145,1918 941.38 (1) (b) 1. Manufacture, distribution or delivery of a controlled substance
19or controlled substance analog, as prohibited in s. 161.41 961.41 (1).
AB817, s. 455 20Section 455. 946.82 (4) of the statutes, as affected by 1995 Wisconsin Act 133,
21is amended to read:
AB817,146,922 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
23(1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission
24of any of the felonies specified in: chs. 161 and 945 and 961 and ss. 49.49, 134.05,
25139.44 (1), 180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.17, 221.31, 221.39,

1221.40, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19
2(3) to (6), 940.20, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26,
3941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.012, 943.013, 943.02, 943.03,
4943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.23 (1g), (1m), (1r), (2) and (3),
5943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38,
6943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.21 (5)
7(c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04, 945.05, 945.08, 946.10, 946.11,
8946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
9946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.
AB817, s. 456 10Section 456. 948.015 (6) of the statutes is amended to read:
AB817,146,1311 948.015 (6) Sections 161.01 961.01 (6) and (9) and 161.49 961.49, relating to
12delivery and distributing controlled substances or controlled substance analogs to
13children.
AB817, s. 457 14Section 457. 948.07 (6) of the statutes is amended to read:
AB817,146,1615 948.07 (6) Giving or selling to the child a controlled substance or controlled
16substance analog
in violation of ch. 161 961.
AB817, s. 458 17Section 458. 948.35 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
1827
, is amended to read:
AB817,146,2419 948.35 (1) (a) Except as provided in pars. (b) to (d) or s. 161.455 961.455, any
20person who has attained the age of 17 years and who, with the intent that a felony
21be committed and under circumstances that indicate unequivocally that he or she
22has the intent, knowingly solicits, advises, hires, directs or counsels a person 17
23years of age or under to commit that felony may be fined or imprisoned or both, not
24to exceed the maximum penalty for the felony.
AB817, s. 459 25Section 459. 949.08 (2) (e) of the statutes is amended to read:
AB817,147,7
1949.08 (2) (e) Is an adult passenger in the offender's vehicle and the crime
2involved is specified in s. 346.63 (2) or 940.25 and the passenger knew the offender
3was under the influence of an intoxicant, a controlled substance, a controlled
4substance analog
or both any combination of an intoxicant, controlled substance and
5controlled substance analog,
or had a prohibited alcohol concentration, as defined in
6s. 340.01 (46m). This paragraph does not apply if the victim is also a victim of a crime
7specified in s. 940.30, 940.305, 940.31 or 948.30.
AB817, s. 460 8Section 460. 949.08 (2) (em) of the statutes is amended to read:
AB817,147,159 949.08 (2) (em) Is an adult passenger in the offender's commercial motor
10vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
11knew the offender was under the influence of an intoxicant, a controlled substance,
12a controlled substance analog
or both any combination of an intoxicant, controlled
13substance and controlled substance analog,
or had an alcohol concentration of 0.04
14or more but less than 0.1. This paragraph does not apply if the victim is also a victim
15of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.
AB817, s. 461 16Section 461. 951.06 of the statutes is amended to read:
AB817,148,2 17951.06 Use of poisonous and controlled substances. No person may
18expose any domestic animal owned by another to any known poisonous substance or,
19any
controlled substance listed in s. 161.14 included in schedule I, II, III, IV or V of
20ch. 961, or any controlled substance analog of a controlled substance included in
21schedule I or II of ch. 961
, whether mixed with meat or other food or not, so that the
22substance is liable to be eaten by the animal and for the purpose of harming the
23animal. This section shall not apply to poison used on one's own premises and
24designed for the purpose of rodent or pest extermination nor to the use of a controlled

1substance in bona fide experiments carried on for scientific research or in accepted
2veterinary practices.
AB817, s. 462 3Section 462. 961.001 (1g) of the statutes is created to read:
AB817,148,64 961.001 (1g) Many of the controlled substances included in this chapter have
5useful and legitimate medical and scientific purposes and are necessary to maintain
6the health and general welfare of the people of this state.
AB817, s. 463 7Section 463. 961.001 (1m) of the statutes is created to read:
AB817,148,108 961.001 (1m) The manufacture, distribution, delivery, possession and use of
9controlled substances for other than legitimate purposes have a substantial and
10detrimental effect on the health and general welfare of the people of this state.
AB817, s. 464 11Section 464. 961.01 (4m) of the statutes is created to read:
AB817,148,1412 961.01 (4m) (a) "Controlled substance analog" means a substance the chemical
13structure of which is substantially similar to the chemical structure of a controlled
14substance included in schedule I or II and:
AB817,148,1815 1. Which has a stimulant, depressant, narcotic or hallucinogenic effect on the
16central nervous system substantially similar to the stimulant, depressant, narcotic
17or hallucinogenic effect on the central nervous system of a controlled substance
18included in schedule I or II; or
AB817,148,2319 2. With respect to a particular individual, which the individual represents or
20intends to have a stimulant, depressant, narcotic or hallucinogenic effect on the
21central nervous system substantially similar to the stimulant, depressant, narcotic
22or hallucinogenic effect on the central nervous system of a controlled substance
23included in schedule I or II.
AB817,148,2424 (b) "Controlled substance analog" does not include:
AB817,148,2525 1. A controlled substance;
AB817,149,1
12. A substance for which there is an approved new drug application;
AB817,149,42 3. A substance with respect to which an exemption is in effect for
3investigational use by a particular person under 21 USC 355 to the extent that
4conduct with respect to the substance is permitted by the exemption; or
AB817,149,65 4. Any substance to the extent not intended for human consumption before an
6exemption takes effect with respect to the substance.
AB817, s. 465 7Section 465. 961.01 (11m) of the statutes is created to read:
AB817,149,98 961.01 (11m) "Drug enforcement administration" means the drug enforcement
9administration of the U.S. department of justice or its successor agency.
AB817, s. 466 10Section 466. 961.01 (12g) of the statutes is created to read:
AB817,149,1511 961.01 (12g) "Isomer" means an optical isomer, but in ss. 961.14 (2) (er) and
12(qs) and 961.16 (2) (b) 1. "isomer" includes any geometric isomer; in ss. 961.14 (2) (cg),
13(tg) and (xm) and 961.20 (4) (am) "isomer" includes any positional isomer; and in ss.
14961.14 (2) (rj) and (4) and 961.18 (2m) "isomer" includes any positional or geometric
15isomer.
AB817, s. 467 16Section 467. 961.01 (15) (bm) of the statutes is created to read:
AB817,149,2017 961.01 (15) (bm) Synthetic opiate, and any derivative of synthetic opiate,
18including any of their isomers, esters, ethers, esters and ethers of isomers, salts and
19salts of isomers, esters, ethers and esters and ethers of isomers that are theoretically
20possible within the specific chemical designation.
AB817, s. 468 21Section 468. 961.01 (15) (d) of the statutes is created to read:
AB817,149,2322 961.01 (15) (d) Any compound, mixture or preparation containing any quantity
23of any substance included in pars. (a) to (c).
AB817, s. 469 24Section 469. 961.11 (1r) of the statutes is created to read:
AB817,150,3
1961.11 (1r) The controlled substances board may consider findings of the
2federal food and drug administration or the drug enforcement administration as
3prima facie evidence relating to one or more of the determinative factors.
AB817, s. 470 4Section 470. 961.11 (4m) of the statutes is created to read:
AB817,150,245 961.11 (4m) The controlled substances board, by rule and without regard to the
6requirements of sub. (1m), may schedule a controlled substance analog as a
7substance in schedule I regardless of whether the substance is substantially similar
8to a controlled substance in schedule I or II, if the board finds that scheduling of the
9substance on an emergency basis is necessary to avoid an imminent hazard to the
10public safety and the substance is not included in any other schedule or no exemption
11or approval is in effect for the substance under 21 USC 355. Upon receipt of notice
12under s. 961.25, the board shall initiate scheduling of the controlled substance
13analog on an emergency basis under this subsection. The scheduling of a controlled
14substance analog under this subsection expires one year after the adoption of the
15scheduling rule. With respect to the finding of an imminent hazard to the public
16safety, the board shall consider whether the substance has been scheduled on a
17temporary basis under federal law or factors under sub. (1m) (d), (e) and (f), and may
18also consider clandestine importation, manufacture or distribution, and, if available,
19information concerning the other factors under sub. (1m). The board may not
20promulgate a rule under this subsection until it initiates a rule-making proceeding
21under subs. (1), (1m), (1r) and (2) with respect to the controlled substance analog.
22A rule promulgated under this subsection lapses upon the conclusion of the
23rule-making proceeding initiated under subs. (1), (1m), (1r) and (2) with respect to
24the substance.
AB817, s. 471 25Section 471. 961.13 (2m) of the statutes is created to read:
AB817,151,4
1961.13 (2m) The controlled substances board may add a substance to schedule
2I without making the findings required under sub. (1m) if the substance is controlled
3under schedule I of 21 USC 812 (c) by a federal agency as the result of an
4international treaty, convention or protocol.
AB817, s. 472 5Section 472. 961.15 (2m) of the statutes is created to read:
AB817,151,96 961.15 (2m) The controlled substances board may add a substance to schedule
7II without making the findings required under sub. (1m) if the substance is
8controlled under schedule II of 21 USC 812 (c) by a federal agency as the result of an
9international treaty, convention or protocol.
AB817, s. 473 10Section 473. 961.16 (3) (cm) of the statutes is created to read:
AB817,151,1111 961.16 (3) (cm) Carfentanal;
AB817, s. 474 12Section 474. 961.17 (2m) of the statutes is created to read:
AB817,151,1613 961.17 (2m) The controlled substances board may add a substance to schedule
14III without making the findings required under sub. (1m) if the substance is
15controlled under schedule III of 21 USC 812 (c) by a federal agency as the result of
16an international treaty, convention or protocol.
AB817, s. 475 17Section 475. 961.18 (3) (m) 1., 2. and 3. of the statutes are created to read:
AB817,151,1818 961.18 (3) (m) 1. Amobarbital.
AB817,151,1919 2. Secobarbital.
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