AB817: Bill Text

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:

AB817,152,8 961.20 (2m) (br) Mefenorex.

AB817, s. 480 Section 480. 961.21 (2m) of the statutes is created to read:

AB817,152,13 961.21 (2m) The controlled substances board may add a substance to schedule V without making the findings required by sub. (1m) if the substance is controlled under schedule V of 21 USC 811 (c) by a federal agency as the result of an international treaty, convention or protocol.

AB817, s. 481 Section 481. 961.22 (3) of the statutes is created to read:

AB817,152,18 961.22 (3) Stimulants. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:

AB817,152,19 (a) Pyrovalerone.

AB817, s. 482 Section 482. 961.25 of the statutes is created to read:

AB817,153,5 961.25 Controlled substance analog treated as a schedule I substance. A controlled substance analog, to the extent it is intended for human consumption, shall be treated, for the purposes of this chapter, as a substance included in schedule I, unless a different treatment is specifically provided. No later than 60 days after the commencement of a prosecution concerning a controlled substance analog, the district attorney shall provide the controlled substances board with information relevant to emergency scheduling under s. 961.11 (4m). After a final determination by the controlled substances board that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.

AB817, s. 483 Section 483. 961.38 (1g) of the statutes is created to read:

AB817,153,8 961.38 (1g) In this section, "medical treatment" includes dispensing or administering a narcotic drug for pain, including intractable pain.

AB817, s. 484 Section 484. 961.38 (4g) of the statutes is created to read:

AB817,153,12 961.38 (4g) A practitioner may dispense or deliver a controlled substance to or for an individual or animal only for medical treatment or authorized research in the ordinary course of that practitioner's profession.

AB817, s. 485 Section 485. 961.38 (4r) of the statutes is created to read:

AB817,153,17 961.38 (4r) A pharmacist is immune from any civil or criminal liability and from discipline under s. 450.10 for any act taken by the pharmacist in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

AB817, s. 486 Section 486. 961.395 of the statutes is created to read:

AB817,153,21 961.395 Limitation on advanced practice nurses. (1) An advanced practice nurse who is certified under s. 441.16 may prescribe controlled substances only as permitted by the rules promulgated under s. 441.16 (3).

AB817,153,23 (2) An advanced practice nurse certified under s. 441.16 shall include with each prescription order all of the following:

AB817,153,24 (a) A statement that he or she is certified under s. 441.16.

AB817,154,2 (b) The indicated use of the controlled substance that he or she is prescribing in the prescription order.

AB817,154,5 (3) An advanced practice nurse certified under s. 441.16 may dispense a controlled substance only by prescribing or administering the controlled substance or as otherwise permitted by the rules promulgated under s. 441.16 (3).

AB817, s. 487 Section 487. 961.41 (1n) of the statutes is created to read:

AB817,154,10 961.41 (1n) Piperidine possession. (a) No person may possess any quantity of piperidine or its salts with the intent to use the piperidine or its salts to manufacture a controlled substance or controlled substance analog in violation of this chapter.

AB817,154,14 (b) No person may possess any quantity of piperidine or its salts if he or she knows or has reason to know that the piperidine or its salts will be used to manufacture a controlled substance or controlled substance analog in violation of this chapter.

AB817,154,16 (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 10 years or both.

AB817, s. 488 Section 488. 961.41 (1x) (title) of the statutes is created to read:

AB817,154,18 961.41 (1x) (title) Conspiracy.

AB817, s. 489 Section 489. 961.41 (4) (title) of the statutes is created to read:

AB817,154,20 961.41 (4) (title) Imitation controlled substances.

AB817, s. 490 Section 490. 961.41 (5) (title) of the statutes is created to read:

AB817,154,22 961.41 (5) (title) Drug abuse program improvement surcharge.

AB817, s. 491 Section 491. 961.49 (3) of the statutes is created to read:

AB817,154,25 961.49 (3) A person who violates sub. (1) may be subject to increased penalties under both subs. (1) and (2) regarding the same unlawful act.

AB817, s. 492 Section 492. 961.573 (2) of the statutes, as affected by 1995 Wisconsin Acts 77, section 494, and .... (this act), is repealed and recreated to read:

AB817,155,4 961.573 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB817, s. 493 Section 493. 961.574 (2) of the statutes, as affected by 1995 Wisconsin Acts 77, section 495, and .... (this act), is repealed and recreated to read:

AB817,155,8 961.574 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB817, s. 494 Section 494. 961.575 (2) of the statutes, as affected by 1995 Wisconsin Acts 77, section 496, and .... (this act), is repealed and recreated to read:

AB817,155,12 961.575 (2) Any person who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB817, s. 495 Section 495. 967.055 (1) (a) of the statutes is amended to read:

AB817,155,23 967.055 (1) (a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons 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, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), or offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.

AB817, s. 496 Section 496. 967.055 (1) (b) of the statutes is amended to read:

AB817,156,8 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons 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 to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having a blood alcohol concentration of 0.1% or more.

AB817, s. 497 Section 497. 967.055 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 113, is amended to read:

AB817,157,3 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are 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, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB817, s. 498 Section 498. 967.055 (2) (b) of the statutes is amended to read:

AB817,157,19 967.055 (2) (b) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motorboats by persons who are 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, under the influence of any other drug to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely.

AB817, s. 499 Section 499. 968.13 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 11, is amended to read:

AB817,158,5 968.13 (1) (a) Contraband, which includes without limitation because of enumeration lottery tickets, gambling machines or other gambling devices, lewd, obscene or indecent written matter, pictures, sound recordings or motion picture films, forged money or written instruments and the tools, dies, machines or materials for making them, and controlled substances, as defined in s. 161.01 961.01 (4), and controlled substance analogs, as defined in s. 961.01 (4m), and the implements for smoking or injecting them. Gambling machines or other gambling devices possessed by a shipbuilding business that complies with s. 945.095 are not subject to this section.

AB817, s. 500 Section 500. 968.28 of the statutes is amended to read:

AB817,158,20 968.28 Application for court order to intercept communications. The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the county where the interception is to take place for an order authorizing or approving the interception of wire, electronic or oral communications. The chief judge may under s. 968.30 grant an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense for which the application is made. The authorization shall be permitted only if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion or, dealing in controlled substances or controlled substance analogs, a computer crime that is a felony under s. 943.70, or any conspiracy to commit any of the foregoing offenses.

AB817, s. 501 Section 501. 970.035 of the statutes is amended to read:

AB817,159,8 970.035 Preliminary examination; child younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child who was waived under s. 48.18 for a violation which is alleged to have occurred prior to his or her 16th birthday, the court may bind the child over for trial only if there is probable cause to believe that a crime under s. 940.01 has been attempted or committed, that a crime under s. 161.41 (1), 940.02, 940.05, 940.06, 940.225 (1), 940.305, 940.31 or, 943.10 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under ch. 161 or under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 48.

AB817, s. 502 Section 502. 970.035 of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

AB817,159,21 970.035 Preliminary examination; child younger than 16 years old. Notwithstanding s. 970.03, if a preliminary examination under s. 970.03 is held regarding a child who was waived under s. 938.18 for a violation which is alleged to have occurred prior to his or her 15th birthday, the court may bind the child over for trial only if there is probable cause to believe that a crime under s. 940.03, 940.06, 940.225 (1) or (2), 940.305, 940.31 or 943.10 (2), 943.32 (2) or 961.41 (1) has been committed or that a crime that would constitute a felony under chs. 939 to 948 or 961 if committed by an adult has been committed at the request of or for the benefit of a criminal gang, as defined in s. 939.22 (9). If the court does not make any of those findings, the court shall order that the child be discharged but proceedings may be brought regarding the child under ch. 938.