AB589: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB589, s. 1 Section 1. 961.49 (1) of the statutes is renumbered 961.49 (1) (intro.) and amended to read:

AB589,2,11 961.49 (1) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances while and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

AB589,2,13 (a) While the person is in or on the premises of a scattered-site public housing project, while.

AB589,2,15 (b) While the person is in or on or otherwise within 1,000 feet of a any of the following:

AB589,2,16 1. A state, county, city, village or town park, a.

AB589,2,17 2. A jail or correctional facility, a.

AB589,2,18 3. A multiunit public housing project, a.

AB589,2,19 4. A swimming pool open to members of the public , a.

AB589,3,2 5. A youth center or a community center, while in or on or otherwise within 1,000 feet of any.

AB589,3,4 6. Any private or public school premises or while in or on or otherwise within 1,000 feet of a.

AB589,3,6 7. A school bus, as defined in s. 340.01 (56), the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years.

AB589, s. 2 Section 2. 961.49 (1) (b) 8. of the statutes is created to read:

AB589,3,9 961.49 (1) (b) 8. An approved treatment facility, as defined in s. 51.01 (2), that provides alcohol and other drug abuse treatment.

AB589, s. 3 Section 3. 961.49 (2) (a) of the statutes is renumbered 961.49 (2) (a) (intro.) and amended to read:

AB589,3,17 961.49 (2) (a) (intro.) Except as provided in par. (b), if any the court shall sentence a person as provided in par. (am) if the 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 under any of the following circumstances:

AB589,3,19 1. While the person is in or on the premises of a scattered-site public housing project, while.

AB589,3,21 2. While the person is in or on or otherwise within 1,000 feet of a any of the following:

AB589,3,22 a. A state, county, city, village or town park, a.

AB589,3,23 b. A jail or correctional facility, a.

AB589,3,24 c. A multiunit public housing project, a.

AB589,3,25 d. A swimming pool open to members of the public , a.

AB589,4,2 e. A youth center or a community center, while in or on or otherwise within 1,000 feet of any.

AB589,4,4 f. Any private or public school premises or while in or on or otherwise within 1,000 feet of a.

AB589,4,5 g. A school bus, as defined in s. 340.01 (56), the.

AB589,4,10 (am) The court shall sentence the a person to whom par. (a) applies 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 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).

AB589, s. 4 Section 4. 961.49 (2) (a) 2. h. of the statutes is created to read:

AB589,4,13 961.49 (2) (a) 2. h. An approved treatment facility, as defined in s. 51.01 (2), that provides alcohol and other drug abuse treatment.

AB589, s. 5 Section 5. Initial applicability.

AB589,4,16 (1) This act first applies to offenses committed on the effective date of this subsection.

AB589,4,17 (End)