AB817, s. 269 16Section 269. 161.435 of the statutes is renumbered 961.435 and amended to
17read:
AB817,87,19 18961.435 Specific penalty. Any person who violates s. 161.38 961.38 (5) may
19be fined not more than $500 or imprisoned not more than 30 days or both.
AB817, s. 270 20Section 270. 161.438 of the statutes is renumbered 961.438.
AB817, s. 271 21Section 271. 161.44 of the statutes is renumbered 961.44.
AB817, s. 272 22Section 272. 161.45 of the statutes is renumbered 961.45.
AB817, s. 273 23Section 273. 161.455 (title) of the statutes is renumbered 961.455 (title).
AB817, s. 274 24Section 274. 161.455 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
25is renumbered 961.455 (1) and amended to read:
AB817,88,4
1961.455 (1) Any person who has attained the age of 17 years who knowingly
2solicits, hires, directs, employs or uses a person who is 17 years of age or under for
3the purpose of violating s. 161.41 961.41 (1) may be fined not more than $50,000 or
4imprisoned for not more than 10 years or both.
AB817, s. 275 5Section 275. 161.455 (2), (3) and (4) of the statutes are renumbered 961.455
6(2), (3) and (4), and 961.455 (4), as renumbered, is amended to read:
AB817,88,97 961.455 (4) If the conduct described under sub. (1) results in a violation under
8s. 161.41 961.41 (1), the actor is subject to prosecution and conviction under s. 161.41
9961.41 (1) or this section or both.
AB817, s. 276 10Section 276. 161.46 (title) of the statutes is renumbered 961.46 (title).
AB817, s. 277 11Section 277. 161.46 (1) of the statutes, as affected by 1995 Wisconsin Act 27,
12is renumbered 961.46 (1) and amended to read:
AB817,88,1913 961.46 (1) Except as provided in sub. (3), any person 17 years of age or over who
14violates s. 161.41 961.41 (1) by distributing or delivering a controlled substance
15listed included in schedule I or II which is a narcotic drug or a controlled substance
16analog of a controlled substance included in schedule I or II which is a narcotic drug

17to a person 17 years of age or under who is at least 3 years his or her junior is
18punishable by the fine authorized by s. 161.41 961.41 (1) (a) or a term of
19imprisonment of up to twice that authorized by s. 161.41 961.41 (1) (a), or both.
AB817, s. 278 20Section 278. 161.46 (2) of the statutes, as affected by 1995 Wisconsin Act 27,
21is renumbered 961.46 (2) and amended to read:
AB817,89,322 961.46 (2) Except as provided in sub. (3), any person 17 years of age or over who
23violates s. 161.41 961.41 (1) by distributing or delivering any other controlled
24substance listed included in schedule I, II, III, IV or V or a controlled substance
25analog of any other controlled substance included in schedule I or II
to a person 17

1years of age or under who is at least 3 years his or her junior is punishable by the fine
2authorized by s. 161.41 961.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice
3that authorized by s. 161.41 961.41 (1) (b), (i) or (j) or both.
AB817, s. 279 4Section 279. 161.46 (3) of the statutes, as affected by 1995 Wisconsin Act 27,
5is renumbered 961.46 (3) and amended to read:
AB817,89,146 961.46 (3) If any person 17 years of age or over violates s. 161.41 961.41 (1) (cm),
7(d), (e), (f), (g) or (h) by distributing a controlled substance included under s. 161.14
8(7) (L) or 161.16 (2) (b)
or delivering cocaine, cocaine base, heroin, phencyclidine,
9lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine,
10methcathinone
or any form of tetrahydrocannabinols or a controlled substance
11analog of any of these substances
to a person 17 years of age or under who is at least
123 years his or her junior, any applicable minimum and maximum fines and minimum
13and maximum periods of imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f),
14(g) or (h) are doubled.
AB817, s. 280 15Section 280. 161.465 (title) of the statutes is renumbered 961.465 (title).
AB817, s. 281 16Section 281. 161.465 (1) of the statutes is renumbered 961.465 (1) and
17amended to read:
AB817,89,2318 961.465 (1) Except as provided in sub. (2), any person who violates s. 161.41
19961.41 (1) or (1m) by delivering, distributing or possessing with intent to deliver or
20distribute
a controlled substance or controlled substance analog to a prisoner within
21the precincts of any prison, jail or house of correction is subject to the applicable fine
22under s. 161.41 961.41 (1) or (1m) or a term of imprisonment of up to twice that
23authorized by s. 161.41 961.41 (1) or (1m) or both.
AB817, s. 282 24Section 282. 161.465 (2) of the statutes is renumbered 961.465 (2) and
25amended to read:
AB817,90,10
1961.465 (2) If a person violates s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h)
2or (1m) (cm), (d), (e), (f), (g) or (h) by delivering, distributing or possessing with intent
3to deliver a controlled substance included under s. 161.14 (7) (L) or 161.16 (2) (b) or
4distribute cocaine, cocaine base
, heroin, phencyclidine, lysergic acid diethylamide,
5psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form
6of tetrahydrocannabinols, or a controlled substance analog of any of these
7substances,
to a prisoner within the precincts of any prison, jail or house of
8correction, any applicable minimum and maximum fines and minimum and
9maximum periods of imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or
10(h) or (1m) (cm), (d), (e), (f), (g) or (h) are doubled.
AB817, s. 283 11Section 283. 161.465 (2m) of the statutes is renumbered 961.465 (2m) and
12amended to read:
AB817,90,1413 961.465 (2m) A person may be subject to increased penalties under both this
14section and s. 161.49 961.49 regarding the same unlawful act.
AB817, s. 284 15Section 284. 161.465 (3) of the statutes is renumbered 961.465 (3).
AB817, s. 285 16Section 285. 161.47 of the statutes is renumbered 961.47, and 961.47 (1), as
17renumbered, is amended to read:
AB817,91,918 961.47 (1) Whenever any person who has not previously been convicted of any
19offense under this chapter, or of any offense under any statute of the United States
20or of any state or of any county ordinance relating to controlled substances or
21controlled substance analogs,
narcotic drugs, marijuana or stimulant, depressant or
22hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
23possession of a controlled substance or controlled substance analog under s. 161.41
24(3)
961.41 (3g) (b), the court, without entering a judgment of guilt and with the
25consent of the accused, may defer further proceedings and place him or her on

1probation upon terms and conditions. Upon violation of a term or condition, the court
2may enter an adjudication of guilt and proceed as otherwise provided. Upon
3fulfillment of the terms and conditions, the court shall discharge the person and
4dismiss the proceedings against him or her. Discharge and dismissal under this
5section shall be without adjudication of guilt and is not a conviction for purposes of
6disqualifications or disabilities imposed by law upon conviction of a crime, including
7the additional penalties imposed for 2nd or subsequent convictions under s. 161.48
8961.48. There may be only one discharge and dismissal under this section with
9respect to any person.
AB817, s. 286 10Section 286. 161.472 of the statutes is renumbered 961.472, and 961.472 (2)
11and (4), as renumbered, are amended to read:
AB817,91,2312 961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found
13guilty of possession or attempted possession of a controlled substance or controlled
14substance analog
under s. 161.41 (2r) (b), (3m), (3n) or (3p) 961.41 (3g) (a) 2., (c) or
15(d)
, the court shall order the person to comply with an assessment of the person's use
16of controlled substances. The court's order shall designate a facility that is operated
17by or pursuant to a contract with the county department established under s. 51.42
18and that is certified by the department of health and social services to provide
19assessment services to perform the assessment and, if appropriate, to develop a
20proposed treatment plan. The court shall notify the person that noncompliance with
21the order limits the court's ability to determine whether the treatment option under
22s. 161.475 961.475 is appropriate. The court shall also notify the person of the fee
23provisions under s. 46.03 (18) (fm).
AB817,91,25 24(4) The court shall consider the assessment report in determining whether the
25treatment option under s. 161.475 961.475 is appropriate.
AB817, s. 287
1Section 287. 161.475 of the statutes is renumbered 961.475 and amended to
2read:
AB817,92,15 3961.475 Treatment option. Whenever any person pleads guilty to or is found
4guilty of possession or attempted possession of a controlled substance or controlled
5substance analog
under s. 161.41 (2r), (3), (3m), (3n), (3p) or (3r) 961.41 (3g), the court
6may, upon request of the person and with the consent of a treatment facility with
7special inpatient or outpatient programs for the treatment of drug dependent
8persons, allow the person to enter the treatment programs voluntarily for purposes
9of treatment and rehabilitation. Treatment shall be for the period the treatment
10facility feels is necessary and required, but shall not exceed the maximum sentence
11allowable unless the person consents to the continued treatment. At the end of the
12necessary and required treatment, with the consent of the court, the person may be
13released from sentence. If treatment efforts are ineffective or the person ceases to
14cooperate with treatment rehabilitation efforts, the person may be remanded to the
15court for completion of sentencing.
AB817, s. 288 16Section 288. 161.48 of the statutes is renumbered 961.48, and 961.48 (2), (3)
17and (4), as renumbered, are amended to read:
AB817,92,2518 961.48 (2) If any person is convicted of a 2nd or subsequent offense under this
19chapter that is specified in s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm),
20(d), (e), (f), (g) or (h), (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or (e), any
21applicable minimum and maximum fines and minimum and maximum periods of
22imprisonment under s. 161.41 961.41 (1) (cm), (d), (e), (f), (g) or (h), (1m) (cm), (d), (e),
23(f), (g) or (h), (2r) (b), (3m), (3n), (3p) or (3r) or (3g) (a) 2., (c), (d) or (e) are doubled.
24A 2nd or subsequent offense under s. 161.41 (3m), (3n), (3p) or (3r) 961.41 (3g) (c),
25(d) or (e)
is a felony and the person may be imprisoned in state prison.
AB817,93,6
1(3) For purposes of this section, an offense is considered a 2nd or subsequent
2offense if, prior to the offender's conviction of the offense, the offender has at any time
3been convicted under this chapter or under any statute of the United States or of any
4state relating to controlled substance controlled substances or controlled substance
5analogs
, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic
6drugs.
AB817,93,8 7(4) This section does not apply to offenses under s. 161.41 (2r) 961.41 (3g) (a)
81. and (3) (b).
AB817, s. 289 9Section 289. 161.49 of the statutes is renumbered 961.49 and amended to
10read:
AB817,94,2 11961.49 Distribution of or possession with intent to deliver a controlled
12substance on or near certain places. (1)
If any person violates s. 161.41 961.41
13(1) (cm), (d), (e), (f), (g) or (h) by delivering or distributing, or violates s. 161.41 961.41
14(1m) (cm), (d), (e), (f), (g) or (h) by possessing with intent to deliver, a controlled
15substance included under s. 161.14 (7) (L) or 161.16 (2) (b)
or distribute, cocaine,
16cocaine base
, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin,
17amphetamine, methamphetamine, methcathinone or any form of
18tetrahydrocannabinols or a controlled substance analog of any of these substances
19while in or on the premises of a scattered-site public housing project, while in or on
20or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or
21correctional facility, a multiunit public housing project, a swimming pool open to
22members of the public, a youth center or a community center, while in or on or
23otherwise within 1,000 feet of any private or public school premises or while in or on
24or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the

1maximum term of imprisonment prescribed by law for that crime may be increased
2by 5 years.
AB817,94,16 3(2) (a) Except as provided in par. (b), if any person violates s. 161.41 961.41 (1)
4by delivering or distributing, or violates s. 161.41 961.41 (1m) by possessing with
5intent to deliver or distribute, a controlled substance listed included in schedule I or
6II or a controlled substance analog of a controlled substance included in schedule I
7or II
while in or on the premises of a scattered-site public housing project, while in
8or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail
9or correctional facility, a multiunit public housing project, a swimming pool open to
10members of the public, a youth center or a community center, while in or on or
11otherwise within 1,000 feet of any private or public school premises or while in or on
12or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
13shall sentence the person to at least 3 years in prison, but otherwise the penalties
14for the crime apply. Except as provided in s. 161.438 961.438, the court shall not place
15the person on probation. The person is not eligible for parole until he or she has
16served at least 3 years, with no modification by the calculation under s. 302.11 (1).
AB817,94,2417 (b) If the conduct described in par. (a) involves only the delivery or distribution,
18or the possession with intent to deliver or distribute, of not more than 25 grams of
19tetrahydrocannabinols, listed at s. 161.14 included in s. 961.14 (4) (t), or not more
20than 5 marijuana plants containing tetrahydrocannabinols, the court shall sentence
21the person to at least one year in prison, but otherwise the penalties for the crime
22apply. Except as provided in s. 161.438 961.438, the court shall not place the person
23on probation. The person is not eligible for parole until he or she has served at least
24one year, with no modification by the calculation under s. 302.11 (1).
AB817, s. 290
1Section 290. 161.495 of the statutes is renumbered 961.495 and amended to
2read:
AB817,95,20 3961.495 Possession or attempted possession of a controlled substance
4on or near certain places.
If any person violates s. 161.41 (2r), (3), (3m), (3n), (3p)
5or (3r)
961.41 (3g) by possessing or attempting to possess a controlled substance
6listed included in schedule I or II or a controlled substance analog of a controlled
7substance included in schedule I or II
while in or on the premises of a scattered-site
8public housing project, while in or on or otherwise within 1,000 feet of a state, county,
9city, village or town park, a jail or correctional facility, a multiunit public housing
10project, a swimming pool open to members of the public, a youth center or a
11community center, while in or on or otherwise within 1,000 feet of any private or
12public school premises or while in or on or otherwise within 1,000 feet of a school bus,
13as defined in s. 340.01 (56), the court shall, in addition to any other penalties that
14may apply to the crime, impose 100 hours of community service work for a public
15agency or a nonprofit charitable organization. The court shall ensure that the
16defendant is provided a written statement of the terms of the community service
17order and that the community service order is monitored. Any organization or
18agency acting in good faith to which a defendant is assigned pursuant to an order
19under this section has immunity from any civil liability in excess of $25,000 for acts
20or omissions by or impacting on the defendant.
AB817, s. 291 21Section 291. 161.50 of the statutes is renumbered 961.50.
AB817, s. 292 22Section 292. Subchapter V (title) of chapter 161 [precedes 161.51] of the
23statutes is renumbered subchapter V (title) of chapter 961 [precedes 961.51].
AB817, s. 293 24Section 293. 161.51 of the statutes is renumbered 961.51.
AB817, s. 294
1Section 294. 161.52 of the statutes is renumbered 961.52, and 961.52 (2) (a)
21. and 2., as renumbered, are amended to read:
AB817,96,53 961.52 (2) (a) 1. Places where persons authorized under s. 161.32 961.32 to
4possess controlled substances in this state are required by federal law to keep
5records; and
AB817,96,96 2. Places including factories, warehouses, establishments and conveyances in
7which persons authorized under s. 161.32 961.32 to possess controlled substances in
8this state are permitted by federal law to hold, manufacture, compound, process, sell,
9deliver or otherwise dispose of any controlled substance.
AB817, s. 295 10Section 295. 161.53 of the statutes is renumbered 961.53.
AB817, s. 296 11Section 296. 161.54 of the statutes is renumbered 961.54, and 961.54 (3), as
12renumbered, is amended to read:
AB817,96,1813 961.54 (3) Cooperate with the bureau by establishing a centralized unit to
14accept, catalog, file and collect statistics, including records of drug dependent
15persons and other controlled substance law offenders within the state, and make the
16information available for federal, state and local law enforcement purposes. It shall
17not furnish the name or identity of a patient or research subject whose identity could
18not be obtained under s. 161.335 961.335 (7); and
AB817, s. 297 19Section 297. 161.55 (title) of the statutes is renumbered 961.55 (title).
AB817, s. 298 20Section 298. 161.55 (1) of the statutes is renumbered 961.55 (1), and 961.55
21(1) (a), (b), (c), (d) (intro.) and 3. and (g), as renumbered, are amended to read:
AB817,96,2422 961.55 (1) (a) All controlled substances or controlled substance analogs which
23have been manufactured, delivered, distributed, dispensed or acquired in violation
24of this chapter;.
AB817,97,4
1(b) All raw materials, products and equipment of any kind which are used, or
2intended for use, in manufacturing, compounding, processing, delivering,
3distributing, importing or exporting any controlled substance or controlled
4substance analog
in violation of this chapter;.
AB817,97,65 (c) All property which is used, or intended for use, as a container for property
6described in pars. (a) and (b);.
AB817,97,117 (d) (intro.) All vehicles, as defined in s. 939.22 (44), which are used, or intended
8for use, to transport, or in any manner to facilitate the transportation, for the purpose
9of sale or receipt of property described in pars. (a) and (b) or for the purpose of
10transporting any property or weapon used or to be used or received in the commission
11of any felony under this chapter, but:
AB817,97,1312 3. A vehicle is not subject to forfeiture for a violation of s. 161.41 (3), (3m), (3n),
13(3p) or (3r)
961.41 (3g) (b), (c), (d) or (e); and
AB817,97,1514 (g) Any drug paraphernalia, as defined in s. 161.571 961.571, used in violation
15of this chapter.
AB817, s. 299 16Section 299. 161.55 (2) of the statutes is renumbered 961.55 (2), and 961.55
17(2) (intro.), as renumbered, is amended to read:
AB817,97,2118 961.55 (2) (intro.) Property subject to forfeiture under this chapter may be
19seized by any officer or employe designated in s. 161.51 961.51 (1) or (2) or a law
20enforcement officer upon process issued by any court of record having jurisdiction
21over the property. Seizure without process may be made if:
AB817, s. 300 22Section 300. 161.55 (3) of the statutes is renumbered 961.55 (3), and 961.55
23(3) (intro.), as renumbered, is amended to read:
AB817,98,924 961.55 (3) (intro.) In the event of seizure under sub. (2), proceedings under sub.
25(4) shall be instituted promptly. All dispositions and forfeitures under this section

1and ss. 161.555 961.555 and 161.56 961.56 shall be made with due provision for the
2rights of innocent persons under sub. (1) (d) 1., 2. and 4. Any property seized but not
3forfeited shall be returned to its rightful owner. Any person claiming the right to
4possession of property seized may apply for its return to the circuit court for the
5county in which the property was seized. The court shall order such notice as it
6deems adequate to be given the district attorney and all persons who have or may
7have an interest in the property and shall hold a hearing to hear all claims to its true
8ownership. If the right to possession is proved to the court's satisfaction, it shall
9order the property returned if:
AB817, s. 301 10Section 301. 161.55 (4) of the statutes is renumbered 961.55 (4).
AB817, s. 302 11Section 302. 161.55 (5) of the statutes is renumbered 961.55 (5).
AB817, s. 303 12Section 303. 161.55 (6) of the statutes is renumbered 961.55 (6) and amended
13to read:
AB817,98,2114 961.55 (6) Controlled substances listed included in schedule I and controlled
15substance analogs of controlled substances included in schedule I
that are possessed,
16transferred, sold, offered for sale or attempted to be possessed in violation of this
17chapter are contraband and shall be seized and summarily forfeited to the state.
18Controlled substances listed included in schedule I and controlled substance analogs
19of controlled substances included in schedule I
that are seized or come into the
20possession of the state, the owners of which are unknown, are contraband and shall
21be summarily forfeited to the state.
AB817, s. 304 22Section 304. 161.55 (7) of the statutes is renumbered 961.55 (7).
AB817, s. 305 23Section 305. 161.55 (8) of the statutes is renumbered 961.55 (8) and amended
24to read:
AB817,99,5
1961.55 (8) The failure, upon demand by any officer or employe designated in s.
2161.51 961.51 (1) or (2), of the person in occupancy or in control of land or premises
3upon which the species of plants are growing or being stored, to produce an
4appropriate federal registration, or proof that the person is the holder thereof,
5constitutes authority for the seizure and forfeiture of the plants.
AB817, s. 306 6Section 306. 161.555 of the statutes is renumbered 961.555, and 961.555 (1),
7(3) and (4) (intro.), as renumbered, are amended to read:
AB817,99,138 961.555 (1) Type of action; where brought. In an action brought to cause the
9forfeiture of any property seized under s. 161.55 961.55, the court may render a
10judgment in rem or against a party personally, or both. The circuit court for the
11county in which the property was seized shall have jurisdiction over any proceedings
12regarding the property when the action is commenced in state court. Any property
13seized may be the subject of a federal forfeiture action.
AB817,99,16 14(3) Burden of proof. The state shall have the burden of satisfying or convincing
15to a reasonable certainty by the greater weight of the credible evidence that the
16property is subject to forfeiture under s. 161.55 961.55.
AB817,99,20 17(4)Action against other property of the person. (intro.) The court may order
18the forfeiture of any other property of a defendant up to the value of property found
19by the court to be subject to forfeiture under s. 161.55 961.55 if the property subject
20to forfeiture meets any of the following conditions:
AB817, s. 307 21Section 307. 161.56 of the statutes is renumbered 961.56.
AB817, s. 308 22Section 308. 161.565 of the statutes is renumbered 961.565.
AB817, s. 309 23Section 309. Subchapter VI (title) of chapter 161 [precedes 161.571] of the
24statutes is renumbered subchapter VI (title) of chapter 961 [precedes 961.571].
AB817, s. 310
1Section 310. 161.571 of the statutes is renumbered 961.571, and 961.571 (1)
2(a) (intro.), 1., 2., 4., 5., 6., 8., 9. and 10., as renumbered, are amended to read:
AB817,100,103 961.571 (1) (a) (intro.) "Drug paraphernalia" means all equipment, products
4and materials of any kind that are used, designed for use or primarily intended for
5use in planting, propagating, cultivating, growing, harvesting, manufacturing,
6compounding, converting, producing, processing, preparing, testing, analyzing,
7packaging, repackaging, storing, containing, concealing, injecting, ingesting,
8inhaling or otherwise introducing into the human body a controlled substance or
9controlled substance analog
in violation of this chapter. "Drug paraphernalia"
10includes, but is not limited to, any of the following:
AB817,100,1411 1. Kits used, designed for use or primarily intended for use in planting,
12propagating, cultivating, growing or harvesting of any species of plant that is a
13controlled substance or from which a controlled substance or controlled substance
14analog
can be derived.
AB817,100,1715 2. Kits used, designed for use or primarily intended for use in manufacturing,
16compounding, converting, producing, processing or preparing controlled substances
17or controlled substance analogs.
AB817,100,2018 4. Testing equipment used, designed for use or primarily intended for use in
19identifying, or in analyzing the strength, effectiveness or purity of, controlled
20substances or controlled substance analogs.
AB817,100,2221 5. Scales and balances used, designed for use or primarily intended for use in
22weighing or measuring controlled substances or controlled substance analogs.
AB817,100,2523 6. Diluents and adulterants, such as quinine hydrochloride, mannitol,
24mannite, dextrose and lactose, used, designed for use or primarily intended for use
25in cutting controlled substances or controlled substance analogs.
AB817,101,3
18. Blenders, bowls, containers, spoons and mixing devices used, designed for
2use or primarily intended for use in compounding controlled substances or controlled
3substance analogs
.
AB817,101,64 9. Capsules, balloons, envelopes and other containers used, designed for use
5or primarily intended for use in packaging small quantities of controlled substances
6or controlled substance analogs.
AB817,101,97 10. Containers and other objects used, designed for use or primarily intended
8for use in storing or concealing controlled substances or controlled substance
9analogs
.
AB817, s. 311 10Section 311. 161.572 of the statutes is renumbered 961.572, and 961.572 (1)
11(c) and (d), as renumbered, are amended to read:
AB817,101,1312 961.572 (1) (c) The proximity of the object to controlled substances or controlled
13substance analogs
.
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