JR2 AB1: Bill Text

AB1, s. 1049 Section 1049. 961.41 (1m) (im) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,349,23 961.41 (1m) (im) 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 22 years and 6 months is guilty of a Class D felony.

AB1, s. 1050 Section 1050. 961.41 (1m) (im) 4. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,350,4 961.41 (1m) (im) 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 22 years and 6 months is guilty of a Class C felony.

AB1, s. 1051 Section 1051. 961.41 (1m) (im) 5. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 1052 Section 1052. 961.41 (1m) (im) 6. of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1, s. 1053 Section 1053. 961.41 (1m) (j) of the statutes is amended to read:

AB1,350,12 961.41 (1m) (j) Schedule V drugs. A If a person violates this subsection with respect to a substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than 2 years or both the person is guilty of a Class I felony.

AB1, s. 1054 Section 1054. 961.41 (1n) (c) of the statutes is amended to read:

AB1,350,15 961.41 (1n) (c) A person who violates par. (a) or (b) may be fined not more than $250,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB1, s. 1055 Section 1055. 961.41 (1q) of the statutes is amended to read:

AB1,350,21 961.41 (1q) Penalty relating to tetrahydrocannabinols in certain cases. Under s. 961.49 (2), 1999 stats., and subs. (1) (h) and (1m) (h) and s. 961.49 (2), if different penalty provisions apply to a person depending on whether the weight of tetrahydrocannabinols or the number of plants containing tetrahydrocannabinols is considered, the greater penalty provision applies.

AB1, s. 1056 Section 1056. 961.41 (1r) of the statutes is amended to read:

AB1,351,7 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m) and s. 961.49 (2) (b), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or tetrahydrocannabinols or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and (1m) (h), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

AB1, s. 1057 Section 1057. 961.41 (2) (intro.) of the statutes is amended to read:

AB1,351,12 961.41 (2) Counterfeit substances. (intro.) Except as authorized by this chapter, it is unlawful for any person to create, manufacture, distribute, deliver or possess with intent to distribute or deliver, a counterfeit substance. Any person who violates this subsection with respect to is subject to the following penalties:

AB1, s. 1058 Section 1058. 961.41 (2) (a) of the statutes is amended to read:

AB1,351,18 961.41 (2) (a) Counterfeit schedule I and II narcotic drugs. A If a person violates this subsection with respect to 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 22 years and 6 months or both the person is guilty of a Class E felony.

AB1, s. 1059 Section 1059. 961.41 (2) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,351,25 961.41 (2) (b) Counterfeit schedule I, II, III, and IV drugs. Except as provided in pars. (a) and (bm), and (cm), if a person violates this subsection with respect to 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 7 years and 6 months or both or IV, the person is guilty of a Class H felony.

AB1, s. 1060 Section 1060. 961.41 (2) (c) of the statutes is repealed.

AB1, s. 1061 Section 1061. 961.41 (2) (cm) (title) of the statutes is created to read:

AB1,352,3 961.41 (2) (cm) (title) Counterfeit flunitrazepam.

AB1, s. 1062 Section 1062. 961.41 (2) (d) of the statutes is amended to read:

AB1,352,8 961.41 (2) (d) Counterfeit schedule V drugs. A If a person violates this subsection with respect to a counterfeit substance included in schedule V, may be fined not more than $5,000 or imprisoned for not more than 2 years or both the person is guilty of a Class I felony.

AB1, s. 1063 Section 1063. 961.41 (3g) (a) 1. of the statutes is renumbered 961.41 (3g) (am) and amended to read:

AB1,352,18 961.41 (3g) (am) Schedule I and II narcotic drugs. Except as provided in subd. 2., if the If a 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 2 years 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 3 years or both is guilty of a Class I felony.

AB1, s. 1064 Section 1064. 961.41 (3g) (a) 2. of the statutes is repealed.

AB1, s. 1065 Section 1065. 961.41 (3g) (a) 3. of the statutes is repealed.

AB1, s. 1066 Section 1066. 961.41 (3g) (b) of the statutes is amended to read:

AB1,353,2 961.41 (3g) (b) Other drugs generally. Except as provided in pars. (c), (d), (dm), (e) and (f), if the person possesses or attempts to possess a controlled substance or controlled substance analog, other than a controlled substance included in schedule I or II that is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II that is a narcotic drug, the person is guilty of a misdemeanor, punishable under s. 939.61.

AB1, s. 1067 Section 1067. 961.41 (3g) (c) of the statutes is amended to read:

AB1,353,13 961.41 (3g) (c) Cocaine and cocaine base. If a person possess or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB1, s. 1068 Section 1068. 961.41 (3g) (d) of the statutes is amended to read:

AB1,354,2 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, methamphetamine, methcathinone, psilocin or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB1, s. 1069 Section 1069. 961.41 (3g) (dm) of the statutes is repealed.

AB1, s. 1070 Section 1070. 961.41 (3g) (e) of the statutes is amended to read:

AB1,354,14 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB1, s. 1071 Section 1071. 961.41 (3g) (f) of the statutes is amended to read:

AB1,354,20 961.41 (3g) (f) Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine, or flunitrazepam. If a person possesses or attempts to possess gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam, the person may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class H felony.

AB1, s. 1072 Section 1072. 961.41 (4) (am) 3. of the statutes is amended to read:

AB1,354,24 961.41 (4) (am) 3. A person convicted of violating who violates this paragraph may be fined not more than $5,000 or imprisoned for not more than 2 years or both is guilty of a Class I felony.

AB1, s. 1073 Section 1073. 961.42 (2) of the statutes is amended to read:

AB1,355,2 961.42 (2) Any person who violates this section may be fined not more than $25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.

AB1, s. 1074 Section 1074. 961.43 (2) of the statutes is amended to read:

AB1,355,5 961.43 (2) Any person who violates this section may be fined not more than $30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.

AB1, s. 1075 Section 1075. 961.437 (4) (a) of the statutes is amended to read:

AB1,355,9 961.437 (4) (a) For a first offense, the person shall be fined not less than $1,000 nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 1076 Section 1076. 961.437 (4) (b) of the statutes is amended to read:

AB1,355,13 961.437 (4) (b) For a 2nd or subsequent offense, the person shall be fined not less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.

AB1, s. 1077 Section 1077. 961.438 of the statutes is repealed.

AB1, s. 1078 Section 1078. 961.455 (1) of the statutes is amended to read:

AB1,355,19 961.455 (1) Any person who has attained the age of 17 years who knowingly solicits, hires, directs, employs or uses a person who is under the age of 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 15 years or both is guilty of a Class F felony.

AB1, s. 1079 Section 1079. 961.455 (3) of the statutes is amended to read:

AB1,355,23 961.455 (3) Solicitation under sub. (1) occurs in the manner described under s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s. 939.30 or 948.35.

AB1, s. 1080 Section 1080. 961.46 (1) of the statutes is renumbered 961.46 and amended to read:

AB1,356,9 961.46 Distribution to persons under age 18. Except as provided in sub. (3), any If a person 17 years of age or over who violates s. 961.41 (1) by distributing or delivering a controlled substance included in schedule I or II which is a narcotic drug or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug to a person 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 961.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

AB1, s. 1081 Section 1081. 961.46 (2) of the statutes is repealed.

AB1, s. 1082 Section 1082. 961.46 (3) of the statutes is repealed.

AB1, s. 1083 Section 1083. 961.465 of the statutes is repealed.

AB1, s. 1084 Section 1084. 961.472 (2) of the statutes is amended to read:

AB1,356,25 961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (a) 2. (am), (c), or (d) or (dm), the court shall order the person to comply with an assessment of the person's use of controlled substances. The court's order shall designate a facility that is operated by or pursuant to a contract with the county department established under s. 51.42 and that is certified by the department of health and family services to provide assessment services to perform the assessment and, if appropriate, to develop a proposed treatment plan. The court shall notify the person that noncompliance with the order limits the court's ability to determine whether the treatment option under s. 961.475 is appropriate. The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).

AB1, s. 1085 Section 1085. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and amended to read:

AB1,357,9 961.48 (1) (intro.) Except as provided in subs. (2) and (4), any If a person who is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or subsequent offense as provided under this chapter sub. (3) and the person is convicted of that 2nd or subsequent offense may be fined an amount up to twice that otherwise authorized or imprisoned for a term up to twice the term otherwise authorized or both., the maximum term of imprisonment for the offense may be increased as follows:

AB1, s. 1086 Section 1086. 961.48 (1) (a) and (b) of the statutes are created to read:

AB1,357,11 961.48 (1) (a) By not more than 6 years, if the offense is a Class C or D felony.

AB1,357,12 (b) By not more than 4 years, if the offense is a Class E, F, G, H, or I felony.

AB1, s. 1087 Section 1087. 961.48 (2) of the statutes is repealed.

AB1, s. 1088 Section 1088. 961.48 (2m) (a) of the statutes is amended to read:

AB1,357,22 961.48 (2m) (a) Whenever a person charged with an a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.

AB1, s. 1089 Section 1089. 961.48 (3) of the statutes is amended to read:

AB1,358,4 961.48 (3) For purposes of this section, an a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

AB1, s. 1090 Section 1090. 961.48 (4) of the statutes is repealed.

AB1, s. 1091 Section 1091. 961.49 (1) of the statutes is renumbered 961.49, and 961.49 (intro.), as renumbered, is amended to read:

AB1,358,17 961.49 Distribution of or possession with intent to deliver a controlled substance on or near certain places. (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (em), (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 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:

AB1, s. 1092 Section 1092. 961.49 (2) of the statutes is repealed.

AB1, s. 1093 Section 1093. 961.49 (3) of the statutes is repealed.

AB1, s. 1094 Section 1094. 961.492 of the statutes is repealed.

AB1, s. 1095 Section 1095. 961.55 (1) (d) 3. of the statutes is amended to read:

AB1,358,23 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41 (3g) (b), (c), (d), (dm), (e) or (f); and

AB1, s. 1096 Section 1096. 961.573 (3) of the statutes is amended to read:

AB1,359,6 961.573 (3) No person may use, or possess with the primary intent to use, drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB1, s. 1097 Section 1097. 961.574 (3) of the statutes is amended to read:

AB1,359,14 961.574 (3) No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB1, s. 1098 Section 1098. 961.575 (3) of the statutes is amended to read:

AB1,359,19 961.575 (3) Any person 17 years of age or over who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under may be fined not more than $50,000 or imprisoned for not more than 10 years or both is guilty of a Class G felony.

AB1, s. 1099 Section 1099. 967.04 (9) of the statutes is amended to read:

AB1,360,2 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order and preside at the taking of a videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped deposition into evidence without an additional hearing under s. 908.08.

AB1, s. 1100 Section 1100. 968.255 (1) (a) 2. of the statutes is amended to read: