SB77,1988,1916
961.41
(1m) (b) Except as provided in pars. (cm) and (e) to (h), any other
17controlled substance included in schedule I, II or III, or a controlled substance analog
18of any other controlled substance included in schedule I or II, may be fined not more
19than $15,000 or imprisoned for not more than
5 7 years
and 6 months or both.
SB77, s. 5381
20Section
5381. 961.41 (1m) (cm) 1. of the statutes is amended to read:
SB77,1988,2221
961.41
(1m) (cm) 1. Five grams or less, the person shall be fined not more than
22$500,000 and may be imprisoned for not more than
10
15 years.
SB77, s. 5382
23Section
5382. 961.41 (1m) (cm) 2. of the statutes is amended to read:
SB77,1989,3
1961.41
(1m) (cm) 2. More than 5 grams but not more than 15 grams, the person
2shall be fined not more than $500,000 and shall be imprisoned for not less than one
3year nor more than
15 22 years
and 6 months.
SB77, s. 5383
4Section
5383. 961.41 (1m) (cm) 3. of the statutes is amended to read:
SB77,1989,75
961.41
(1m) (cm) 3. More than 15 grams but not more than 40 grams, the
6person shall be fined not more than $500,000 and shall be imprisoned for not less
7than 3 years nor more than
20 30 years.
SB77, s. 5384
8Section
5384. 961.41 (1m) (cm) 4. of the statutes is amended to read:
SB77,1989,119
961.41
(1m) (cm) 4. More than 40 grams but not more than 100 grams, the
10person shall be fined not more than $500,000 and shall be imprisoned for not less
11than 5 years nor more than
30 45 years.
SB77, s. 5385
12Section
5385. 961.41 (1m) (cm) 5. of the statutes is amended to read:
SB77,1989,1513
961.41
(1m) (cm) 5. More than 100 grams, the person shall be fined not more
14than $500,000 and shall be imprisoned for not less than 10 years nor more than
30 1545 years.
SB77, s. 5386
16Section
5386. 961.41 (1m) (d) 1. of the statutes is amended to read:
SB77,1989,1917
961.41
(1m) (d) 1. Three grams or less, the person shall be fined not less than
18$1,000 nor more than $100,000 and may be imprisoned for not more than
15 22 years
19and 6 months.
SB77, s. 5387
20Section
5387. 961.41 (1m) (d) 2. of the statutes is amended to read:
SB77,1989,2321
961.41
(1m) (d) 2. More than 3 grams but not more than 10 grams, the person
22shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
23for not less than 6 months nor more than
15 22 years
and 6 months.
SB77, s. 5388
24Section
5388. 961.41 (1m) (d) 3. of the statutes is amended to read:
SB77,1990,3
1961.41
(1m) (d) 3. More than 10 grams but not more than 50 grams, the person
2shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
3for not less than one year nor more than
15 22 years
and 6 months.
SB77, s. 5389
4Section
5389. 961.41 (1m) (d) 4. of the statutes is amended to read:
SB77,1990,75
961.41
(1m) (d) 4. More than 50 grams but not more than 200 grams, the person
6shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
7for not less than 3 years nor more than
15 22 years
and 6 months.
SB77, s. 5390
8Section
5390. 961.41 (1m) (d) 5. of the statutes is amended to read:
SB77,1990,119
961.41
(1m) (d) 5. More than 200 grams but not more than 400 grams, the
10person shall be fined not less than $1,000 nor more than $500,000 and shall be
11imprisoned for not less than 5 years nor more than
15
22 years
and 6 months.
SB77, s. 5391
12Section
5391. 961.41 (1m) (d) 6. of the statutes is amended to read:
SB77,1990,1513
961.41
(1m) (d) 6. More than 400 grams, the person shall be fined not less than
14$1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years
15nor more than
30 45 years.
SB77, s. 5392
16Section
5392. 961.41 (1m) (e) 1. of the statutes is amended to read:
SB77,1990,1917
961.41
(1m) (e) 1. Three grams or less, the person shall be fined not less than
18$1,000 nor more than $100,000 and may be imprisoned for not more than
5 7 years
19and 6 months.
SB77, s. 5393
20Section
5393. 961.41 (1m) (e) 2. of the statutes is amended to read:
SB77,1990,2321
961.41
(1m) (e) 2. More than 3 grams but not more than 10 grams, the person
22shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
23for not less than 6 months nor more than
5 7 years
and 6 months.
SB77, s. 5394
24Section
5394. 961.41 (1m) (e) 3. of the statutes is amended to read:
SB77,1991,3
1961.41
(1m) (e) 3. More than 10 grams but not more than 50 grams, the person
2shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
3for not less than one year nor more than
15 22 years
and 6 months.
SB77, s. 5395
4Section
5395. 961.41 (1m) (e) 4. of the statutes is amended to read:
SB77,1991,75
961.41
(1m) (e) 4. More than 50 grams but not more than 200 grams, the person
6shall be fined not less than $1,000 nor more than $500,000 and shall be imprisoned
7for not less than 3 years nor more than
15 22 years
and 6 months.
SB77, s. 5396
8Section
5396. 961.41 (1m) (e) 5. of the statutes is amended to read:
SB77,1991,119
961.41
(1m) (e) 5. More than 200 grams but not more than 400 grams, the
10person shall be fined not less than $1,000 nor more than $500,000 and shall be
11imprisoned for not less than 5 years nor more than
15
22 years
and 6 months.
SB77, s. 5397
12Section
5397. 961.41 (1m) (e) 6. of the statutes is amended to read:
SB77,1991,1513
961.41
(1m) (e) 6. More than 400 grams, the person shall be fined not less than
14$1,000 nor more than $1,000,000 and shall be imprisoned for not less than 10 years
15nor more than
30 45 years.
SB77, s. 5398
16Section
5398. 961.41 (1m) (f) 1. of the statutes is amended to read:
SB77,1991,1917
961.41
(1m) (f) 1. One gram or less, the person shall be fined not less than
18$1,000 nor more than $100,000 and may be imprisoned for not more than
5 7 years
19and 6 months.
SB77, s. 5399
20Section
5399. 961.41 (1m) (f) 2. of the statutes is amended to read:
SB77,1991,2321
961.41
(1m) (f) 2. More than one gram but not more than 5 grams, the person
22shall be fined not less than $1,000 nor more than $200,000 and shall be imprisoned
23for not less than 6 months nor more than
5 7 years
and 6 months.
SB77, s. 5400
24Section
5400. 961.41 (1m) (f) 3. of the statutes is amended to read:
SB77,1992,3
1961.41
(1m) (f) 3. More than 5 grams, the person shall be fined not less than
2$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
3nor more than
15 22 years
and 6 months.
SB77, s. 5401
4Section
5401. 961.41 (1m) (g) 1. of the statutes is amended to read:
SB77,1992,75
961.41
(1m) (g) 1. One hundred grams or less, the person shall be fined not less
6than $1,000 nor more than $100,000 and may be imprisoned for not more than
5 7 7years
and 6 months.
SB77, s. 5402
8Section
5402. 961.41 (1m) (g) 2. of the statutes is amended to read:
SB77,1992,119
961.41
(1m) (g) 2. More than 100 grams but not more than 500 grams, the
10person shall be fined not less than $1,000 nor more than $200,000 and shall be
11imprisoned for not less than 6 months nor more than
5
7 years
and 6 months.
SB77, s. 5403
12Section
5403. 961.41 (1m) (g) 3. of the statutes is amended to read:
SB77,1992,1513
961.41
(1m) (g) 3. More than 500 grams, the person shall be fined not less than
14$1,000 nor more than $500,000 and shall be imprisoned for not less than one year
15nor more than
15 7 years
and 6 months.
SB77, s. 5404
16Section
5404. 961.41 (1m) (h) 1. of the statutes is amended to read:
SB77,1992,1917
961.41
(1m) (h) 1. Five hundred grams or less, or 10 or fewer plants containing
18tetrahydrocannabinols, the person shall be fined not less than $500 nor more than
19$25,000 and may be imprisoned for not more than
3
4 years
and 6 months.
SB77, s. 5405
20Section
5405. 961.41 (1m) (h) 2. of the statutes is amended to read:
SB77,1992,2521
961.41
(1m) (h) 2. More than 500 grams but not more than 2,500 grams, or more
22than 10 plants containing tetrahydrocannabinols but not more than 50 plants
23containing tetrahydrocannabinols, the person shall be fined not less than $1,000 nor
24more than $50,000 and shall be imprisoned for not less than 3 months nor more than
255 7 years
and 6 months.
SB77, s. 5406
1Section
5406. 961.41 (1m) (h) 3. of the statutes is amended to read:
SB77,1993,52
961.41
(1m) (h) 3. More than 2,500 grams, or more than 50 plants containing
3tetrahydrocannabinols, the person shall be fined not less than $1,000 nor more than
4$100,000 and shall be imprisoned for not less than one year nor more than
10 15 5years.
SB77, s. 5407
6Section
5407. 961.41 (1m) (i) of the statutes is amended to read:
SB77,1993,87
961.41
(1m) (i) A substance included in schedule IV, may be fined not more than
8$10,000 or imprisoned for not more than
3 4 years
and 6 months or both.
SB77, s. 5408
9Section
5408. 961.41 (1m) (j) of the statutes is amended to read:
SB77,1993,1110
961.41
(1m) (j) A substance included in schedule V, may be fined not more than
11$5,000 or imprisoned for not more than
one year 2 years or both.
SB77, s. 5409
12Section
5409. 961.41 (1n) (c) of the statutes is amended to read:
SB77,1993,1413
961.41
(1n) (c) A person who violates par. (a) or (b) may be fined not more than
14$250,000 or imprisoned for not more than
10 15 years or both.
SB77, s. 5410
15Section
5410. 961.41 (2) (a) of the statutes is amended to read:
SB77,1993,1816
961.41
(2) (a) A counterfeit substance included in schedule I or II which is a
17narcotic drug, may be fined not more than $25,000 or imprisoned for not more than
1815 22 years
and 6 months or both.
SB77, s. 5411
19Section
5411. 961.41 (2) (b) of the statutes is amended to read:
SB77,1993,2220
961.41
(2) (b) Any other counterfeit substance included in schedule I, II or III,
21may be fined not more than $15,000 or imprisoned for not more than
5 7 years
and
226 months or both.
SB77, s. 5412
23Section
5412. 961.41 (2) (c) of the statutes is amended to read:
SB77,1993,2524
961.41
(2) (c) A counterfeit substance included in schedule IV, may be fined not
25more than $10,000 or imprisoned for not more than
3
4 years
and 6 months or both.
SB77, s. 5413
1Section
5413. 961.41 (2) (d) of the statutes is amended to read:
SB77,1994,32
961.41
(2) (d) A counterfeit substance included in schedule V, may be fined not
3more than $5,000 or imprisoned for not more than
one year 2 years or both.
SB77, s. 5414
4Section
5414. 961.41 (3g) (a) 1. of the statutes is amended to read:
SB77,1994,115
961.41
(3g) (a) 1. Except as provided in subd. 2., if the person possesses a
6controlled substance included in schedule I or II which is a narcotic drug, or
7possesses a controlled substance analog of a controlled substance included in
8schedule I or II which is a narcotic drug, the person may, upon a first conviction, be
9fined not more than $5,000 or imprisoned for not more than
one year 2 or both, and
10for a 2nd or subsequent offense, the person may be fined not more than $10,000 or
11imprisoned for not more than
2 3 years or both.
SB77, s. 5415
12Section
5415. 961.41 (3g) (a) 2. of the statutes is amended to read:
SB77,1994,1513
961.41
(3g) (a) 2. If the person possesses or attempts to possess heroin or a
14controlled substance analog of heroin, the person may be fined not more than $5,000
15or imprisoned for not more than
one year 2 years or both.
SB77, s. 5416
16Section
5416. 961.41 (4) (am) 3. of the statutes is amended to read:
SB77,1994,1817
961.41
(4) (am) 3. A person convicted of violating this paragraph may be fined
18not more than $5,000 or imprisoned for not more than
one year 2 years or both.
SB77, s. 5417
19Section
5417. 961.42 (2) of the statutes is amended to read:
SB77,1994,2120
961.42
(2) Any person who violates this section may be fined not more than
21$25,000 or imprisoned not more than
one year 2 years or both.
SB77, s. 5418
22Section
5418. 961.43 (2) of the statutes is amended to read:
SB77,1994,2423
961.43
(2) Any person who violates this section may be fined not more than
24$30,000 or imprisoned not more than
4 6 years or both.
SB77, s. 5419
25Section
5419. 961.455 (1) of the statutes is amended to read:
SB77,1995,4
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. 961.41 (1) may be fined not more than $50,000 or
4imprisoned for not more than
10 15 years or both.
SB77, s. 5420
5Section
5420. 961.49 (2) (a) of the statutes is amended to read:
SB77,1995,206
961.49
(2) (a) Except as provided in par. (b), if any person violates s. 961.41 (1)
7by delivering or distributing, or violates s. 961.41 (1m) by possessing with intent to
8deliver or distribute, a controlled substance included in schedule I or II or a
9controlled substance analog of a controlled substance included in schedule I or II
10while in or on the premises of a scattered-site public housing project, while in or on
11or otherwise within 1,000 feet of a state, county, city, village or town park, a jail or
12correctional facility, a multiunit public housing project, a swimming pool open to
13members of the public, a youth center or a community center, while in or on or
14otherwise within 1,000 feet of any private or public school premises or while in or on
15or otherwise within 1,000 feet of a school bus, as defined in s. 340.01 (56), the court
16shall sentence the person to at least 3 years in prison, but otherwise the penalties
17for the crime apply. Except as provided in s. 961.438, the court shall not place the
18person on probation.
The Except as provided in s. 973.01 (6), the person is not eligible
19for parole until he or she has served at least 3 years, with no modification by the
20calculation under s. 302.11 (1).
SB77, s. 5421
21Section
5421. 961.49 (2) (b) of the statutes is amended to read:
SB77,1996,422
961.49
(2) (b) If the conduct described in par. (a) involves only the delivery or
23distribution, or the possession with intent to deliver or distribute, of not more than
2425 grams of tetrahydrocannabinols, included in s. 961.14 (4) (t), or not more than 5
25plants containing tetrahydrocannabinols, the court shall sentence the person to at
1least one year in prison, but otherwise the penalties for the crime apply. Except as
2provided in s. 961.438, the court shall not place the person on probation.
The Except
3as provided in s. 973.01 (6), the person is not eligible for parole until he or she has
4served at least one year, with no modification by the calculation under s. 302.11 (1).
SB77, s. 5422
5Section
5422. 967.02 (2) of the statutes is amended to read:
SB77,1996,76
967.02
(2) "Department" means the department of corrections, except as
7provided in
ss. 973.135 (1) (a) and s. 975.001.
SB77, s. 5423
8Section
5423. 969.01 (4) of the statutes is amended to read:
SB77,1997,29
969.01
(4) Considerations in setting conditions of release. If bail is imposed,
10it shall be only in the amount found necessary to assure the appearance of the
11defendant. Conditions of release, other than monetary conditions, may be imposed
12for the purpose of protecting members of the community from serious bodily harm
13or preventing intimidation of witnesses. Proper considerations in determining
14whether to release the defendant without bail, fixing a reasonable amount of bail or
15imposing other reasonable conditions of release are: the ability of the arrested person
16to give bail, the nature, number and gravity of the offenses and the potential penalty
17the defendant faces, whether the alleged acts were violent in nature, the defendant's
18prior record of criminal convictions and delinquency adjudications, if any, the
19character, health, residence and reputation of the defendant, the character and
20strength of the evidence which has been presented to the judge, whether the
21defendant is currently on probation
, community supervision or parole, whether the
22defendant is already on bail or subject to other release conditions in other pending
23cases, whether the defendant has been bound over for trial after a preliminary
24examination, whether the defendant has in the past forfeited bail or violated a
1condition of release or was a fugitive from justice at the time of arrest, and the policy
2against unnecessary detention of the defendant's pending trial.
SB77, s. 5424
3Section
5424. 971.11 (1) of the statutes is amended to read:
SB77,1997,134
971.11
(1) Whenever the warden or superintendent receives notice of an
5untried criminal case pending in this state against an inmate of a state prison, the
6warden or superintendent shall, at the request of the inmate, send by certified mail
7a written request to the district attorney for prompt disposition of the case. The
8request shall state the sentence then being served, the date of parole eligibility, if
9applicable,
or the date of release to community supervision, the approximate
10discharge or conditional release date, and prior decision relating to parole. If there
11has been no preliminary examination on the pending case, the request shall state
12whether the inmate waives such examination, and, if so, shall be accompanied by a
13written waiver signed by the inmate.