AB100: Bill Text

AB100, s. 5384 Section 5384. 961.41 (1m) (cm) 4. of the statutes is amended to read:

AB100,1989,11 961.41 (1m) (cm) 4. More than 40 grams but not more than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 5 years nor more than 30 45 years.

AB100, s. 5385 Section 5385. 961.41 (1m) (cm) 5. of the statutes is amended to read:

AB100,1989,15 961.41 (1m) (cm) 5. More than 100 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB100, s. 5386 Section 5386. 961.41 (1m) (d) 1. of the statutes is amended to read:

AB100,1989,19 961.41 (1m) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 15 22 years and 6 months.

AB100, s. 5387 Section 5387. 961.41 (1m) (d) 2. of the statutes is amended to read:

AB100,1989,23 961.41 (1m) (d) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 15 22 years and 6 months.

AB100, s. 5388 Section 5388. 961.41 (1m) (d) 3. of the statutes is amended to read:

AB100,1990,3 961.41 (1m) (d) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB100, s. 5389 Section 5389. 961.41 (1m) (d) 4. of the statutes is amended to read:

AB100,1990,7 961.41 (1m) (d) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

AB100, s. 5390 Section 5390. 961.41 (1m) (d) 5. of the statutes is amended to read:

AB100,1990,11 961.41 (1m) (d) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

AB100, s. 5391 Section 5391. 961.41 (1m) (d) 6. of the statutes is amended to read:

AB100,1990,15 961.41 (1m) (d) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB100, s. 5392 Section 5392. 961.41 (1m) (e) 1. of the statutes is amended to read:

AB100,1990,19 961.41 (1m) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB100, s. 5393 Section 5393. 961.41 (1m) (e) 2. of the statutes is amended to read:

AB100,1990,23 961.41 (1m) (e) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB100, s. 5394 Section 5394. 961.41 (1m) (e) 3. of the statutes is amended to read:

AB100,1991,3 961.41 (1m) (e) 3. More than 10 grams but not more than 50 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB100, s. 5395 Section 5395. 961.41 (1m) (e) 4. of the statutes is amended to read:

AB100,1991,7 961.41 (1m) (e) 4. More than 50 grams but not more than 200 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 3 years nor more than 15 22 years and 6 months.

AB100, s. 5396 Section 5396. 961.41 (1m) (e) 5. of the statutes is amended to read:

AB100,1991,11 961.41 (1m) (e) 5. More than 200 grams but not more than 400 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than 5 years nor more than 15 22 years and 6 months.

AB100, s. 5397 Section 5397. 961.41 (1m) (e) 6. of the statutes is amended to read:

AB100,1991,15 961.41 (1m) (e) 6. More than 400 grams, the person shall be fined not less than $1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years nor more than 30 45 years.

AB100, s. 5398 Section 5398. 961.41 (1m) (f) 1. of the statutes is amended to read:

AB100,1991,19 961.41 (1m) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB100, s. 5399 Section 5399. 961.41 (1m) (f) 2. of the statutes is amended to read:

AB100,1991,23 961.41 (1m) (f) 2. More than one gram but not more than 5 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB100, s. 5400 Section 5400. 961.41 (1m) (f) 3. of the statutes is amended to read:

AB100,1992,3 961.41 (1m) (f) 3. More than 5 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 22 years and 6 months.

AB100, s. 5401 Section 5401. 961.41 (1m) (g) 1. of the statutes is amended to read:

AB100,1992,7 961.41 (1m) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $100,000 and may be imprisoned for not more than 5 7 years and 6 months.

AB100, s. 5402 Section 5402. 961.41 (1m) (g) 2. of the statutes is amended to read:

AB100,1992,11 961.41 (1m) (g) 2. More than 100 grams but not more than 500 grams, the person shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned for not less than 6 months nor more than 5 7 years and 6 months.

AB100, s. 5403 Section 5403. 961.41 (1m) (g) 3. of the statutes is amended to read:

AB100,1992,15 961.41 (1m) (g) 3. More than 500 grams, the person shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned for not less than one year nor more than 15 7 years and 6 months.

AB100, s. 5404 Section 5404. 961.41 (1m) (h) 1. of the statutes is amended to read:

AB100,1992,19 961.41 (1m) (h) 1. Five hundred grams or less, or 10 or fewer plants containing tetrahydrocannabinols, the person shall be fined not less than $500 nor more than $25,000 and may be imprisoned for not more than 3 4 years and 6 months.

AB100, s. 5405 Section 5405. 961.41 (1m) (h) 2. of the statutes is amended to read:

AB100,1992,25 961.41 (1m) (h) 2. More than 500 grams but not more than 2,500 grams, or more than 10 plants containing tetrahydrocannabinols but not more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $50,000 and shall be imprisoned for not less than 3 months nor more than 5 7 years and 6 months.

AB100, s. 5406 Section 5406. 961.41 (1m) (h) 3. of the statutes is amended to read:

AB100,1993,5 961.41 (1m) (h) 3. More than 2,500 grams, or more than 50 plants containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than $100,000 and shall be imprisoned for not less than one year nor more than 10 15 years.

AB100, s. 5407 Section 5407. 961.41 (1m) (i) of the statutes is amended to read:

AB100,1993,8 961.41 (1m) (i) A substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

AB100, s. 5408 Section 5408. 961.41 (1m) (j) of the statutes is amended to read:

AB100,1993,11 961.41 (1m) (j) A substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB100, s. 5409 Section 5409. 961.41 (1n) (c) of the statutes is amended to read:

AB100,1993,14 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 10 15 years or both.

AB100, s. 5410 Section 5410. 961.41 (2) (a) of the statutes is amended to read:

AB100,1993,18 961.41 (2) (a) A counterfeit substance included in schedule I or II which is a narcotic drug, may be fined not more than $25,000 or imprisoned for not more than 15 22 years and 6 months or both.

AB100, s. 5411 Section 5411. 961.41 (2) (b) of the statutes is amended to read:

AB100,1993,22 961.41 (2) (b) Any other counterfeit substance included in schedule I, II or III, may be fined not more than $15,000 or imprisoned for not more than 5 7 years and 6 months or both.

AB100, s. 5412 Section 5412. 961.41 (2) (c) of the statutes is amended to read:

AB100,1993,25 961.41 (2) (c) A counterfeit substance included in schedule IV, may be fined not more than $10,000 or imprisoned for not more than 3 4 years and 6 months or both.

AB100, s. 5413 Section 5413. 961.41 (2) (d) of the statutes is amended to read:

AB100,1994,3 961.41 (2) (d) A counterfeit substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB100, s. 5414 Section 5414. 961.41 (3g) (a) 1. of the statutes is amended to read:

AB100,1994,11 961.41 (3g) (a) 1. Except as provided in subd. 2., if the person possesses a controlled substance included in schedule I or II which is a narcotic drug, or possesses a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person may, upon a first conviction, be fined not more than $5,000 or imprisoned for not more than one year 2 or both, and for a 2nd or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than 2 3 years or both.

AB100, s. 5415 Section 5415. 961.41 (3g) (a) 2. of the statutes is amended to read:

AB100,1994,15 961.41 (3g) (a) 2. If the person possesses or attempts to possess heroin or a controlled substance analog of heroin, the person may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB100, s. 5416 Section 5416. 961.41 (4) (am) 3. of the statutes is amended to read:

AB100,1994,18 961.41 (4) (am) 3. A person convicted of violating this paragraph may be fined not more than $5,000 or imprisoned for not more than one year 2 years or both.

AB100, s. 5417 Section 5417. 961.42 (2) of the statutes is amended to read:

AB100,1994,21 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than one year 2 years or both.

AB100, s. 5418 Section 5418. 961.43 (2) of the statutes is amended to read:

AB100,1994,24 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 4 6 years or both.

AB100, s. 5419 Section 5419. 961.455 (1) of the statutes is amended to read:

AB100,1995,4 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is 17 years of age or under for the purpose of violating s. 961.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 15 years or both.

AB100, s. 5420 Section 5420. 961.49 (2) (a) of the statutes is amended to read:

AB100,1995,20 961.49 (2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1) by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to deliver or distribute, a controlled substance included in schedule I or II or a controlled substance analog of a controlled substance included in schedule I or II while in or on the premises of a scattered-site public housing project, while in or on or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or correctional facility, a multiunit public housing project, a swimming pool open to members of the public, a youth center 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 sentence the person to at least 3 years in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least 3 years, with no modification by the calculation under s. 302.11 (1).

AB100, s. 5421 Section 5421. 961.49 (2) (b) of the statutes is amended to read:

AB100,1996,4 961.49 (2) (b) If the conduct described in par. (a) involves only the delivery or distribution, or the possession with intent to deliver or distribute, of not more than 25 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5 plants containing tetrahydrocannabinols, the court shall sentence the person to at least one year in prison, but otherwise the penalties for the crime apply. Except as provided in s. 961.438, the court shall not place the person on probation. The Except as provided in s. 973.01 (6), the person is not eligible for parole until he or she has served at least one year, with no modification by the calculation under s. 302.11 (1).

AB100, s. 5422 Section 5422. 967.02 (2) of the statutes is amended to read:

AB100,1996,7 967.02 (2) "Department" means the department of corrections, except as provided in ss. 973.135 (1) (a) and s. 975.001.

AB100, s. 5423 Section 5423. 969.01 (4) of the statutes is amended to read:

AB100,1997,2 969.01 (4) Considerations in setting conditions of release. If bail is imposed, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm or preventing intimidation of witnesses. Proper considerations in determining whether to release the defendant without bail, fixing a reasonable amount of bail or imposing other reasonable conditions of release are: the ability of the arrested person to give bail, the nature, number and gravity of the offenses and the potential penalty the defendant faces, whether the alleged acts were violent in nature, the defendant's prior record of criminal convictions and delinquency adjudications, if any, the character, health, residence and reputation of the defendant, the character and strength of the evidence which has been presented to the judge, whether the defendant is currently on probation, community supervision or parole, whether the defendant is already on bail or subject to other release conditions in other pending cases, whether the defendant has been bound over for trial after a preliminary examination, whether the defendant has in the past forfeited bail or violated a condition of release or was a fugitive from justice at the time of arrest, and the policy against unnecessary detention of the defendant's pending trial.

AB100, s. 5424 Section 5424. 971.11 (1) of the statutes is amended to read:

AB100,1997,13 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, or the date of release to community supervision, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

AB100, s. 5425 Section 5425. 971.14 (3) (dm) (intro.) of the statutes is amended to read:

AB100,1997,22 971.14 (3) (dm) (intro.) If sufficient information is available to the examiner to reach an opinion, the examiner's opinion on whether the defendant needs medication or treatment and whether the defendant is not competent to refuse medication or treatment. The defendant is not competent to refuse medication or treatment if, because of mental illness, developmental disability, alcoholism or drug dependence, and after the advantages and disadvantages of and alternatives to accepting the particular medication or treatment have been explained to the defendant, one of the following is true:

AB100, s. 5426 Section 5426. 971.14 (4) (b) of the statutes is amended to read:

AB100,1998,21 971.14 (4) (b) If the district attorney, the defendant and defense counsel waive their respective opportunities to present other evidence on the issue, the court shall promptly determine the defendant's competency and, if at issue, competency to refuse medication or treatment for the defendant's mental condition on the basis of the report filed under sub. (3) or (5). In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. Upon a showing by the proponent of good cause under s. 807.13 (2) (c), testimony may be received into the record of the hearing by telephone or live audio-visual means. At the commencement of the hearing, the judge shall ask the defendant whether he or she claims to be competent or incompetent. If the defendant stands mute or claims to be incompetent, the defendant shall be found incompetent unless the state proves by the greater weight of the credible evidence that the defendant is competent. If the defendant claims to be competent, the defendant shall be found competent unless the state proves by evidence that is clear and convincing that the defendant is incompetent. If the defendant is found incompetent and if the state proves by evidence that is clear and convincing that the defendant is not competent to refuse medication or treatment, under the standard specified in sub. (3) (dm), the court shall make a determination without a jury and issue an order that the defendant is not competent to refuse medication or treatment for the defendant's mental condition and that whoever administers the medication or treatment to the defendant shall observe appropriate medical standards medication or treatment for the defendant's mental condition may be administered to the defendant regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5427 Section 5427. 971.14 (5) (am) of the statutes is amended to read:

AB100,1999,20 971.14 (5) (am) If the defendant is not subject to a court order determining the defendant to be not competent to refuse medication or treatment for the defendant's mental condition and if the treatment facility determines that the defendant should be subject to such a court order, the treatment facility may file with the court with notice to the counsel for the defendant, the defendant and the district attorney, a motion for a hearing, under the standard specified in sub. (3) (dm), on whether the defendant is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician that asserts that the defendant needs medication or treatment and that the defendant is not competent to refuse medication or treatment, based on an examination of the defendant by a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall, under the procedures and standards specified in sub. (4) (b), determine the defendant's competency to refuse medication or treatment for the defendant's mental condition. At the request of the defendant, the defendant's counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the court determines at a hearing under this paragraph that the defendant is not competent to refuse medication or treatment, the court shall issue an order that the defendant is not competent to refuse medication or treatment for the defendant's mental condition and that medication or treatment for the defendant's mental condition may be administered to the defendant regardless of his or her consent under the conditions specified in s. 51.61 (1) (g) 3r.

AB100, s. 5428 Section 5428. 971.16 (3) of the statutes is amended to read: