JR2 AB1: Bill Text

AB1, s. 940 Section 940. 950.04 (1v) (nt) of the statutes is created to read:

AB1,329,3 950.04 (1v) (nt) To attend a hearing on a petition for modification of a bifurcated sentence and provide a statement concerning modification of the bifurcated sentence, as provided under s. 302.113 (9g) (d).

AB1, s. 941 Section 941. 951.18 (1) of the statutes is amended to read:

AB1,329,15 951.18 (1) Any person violating s. 951.02, 951.025, 951.03, 951.04, 951.05, 951.06, 951.07, 951.09, 951.10, 951.11, 951.13, 951.14 or 951.15 is subject to a Class C forfeiture. Any person who violates any of these provisions within 3 years after a humane officer issues an abatement order under s. 173.11 prohibiting the violation of that provision is subject to a Class A forfeiture. Any person who intentionally or negligently violates any of those sections is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.02, resulting in the mutilation, disfigurement or death of an animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.02 or 951.06, knowing that the animal that is the victim is used by a law enforcement agency to perform agency functions or duties and causing injury to the animal, is guilty of a Class E I felony.

AB1, s. 942 Section 942. 951.18 (2) of the statutes is amended to read:

AB1,329,20 951.18 (2) Any person who violates s. 951.08 (2m) or (3) is guilty of a Class A misdemeanor. Any person who violates s. 951.08 (1) or (2) is guilty of a Class E I felony for the first violation and is guilty of a Class D H felony for the 2nd or subsequent violation.

AB1, s. 943 Section 943. 951.18 (2m) of the statutes is amended to read:

AB1,330,7 951.18 (2m) Any person who violates s. 951.095 is subject to a Class B forfeiture. Any person who intentionally or negligently violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties, is guilty of a Class A misdemeanor. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing injury to the animal, is guilty of a Class E I felony. Any person who intentionally violates s. 951.095, knowing that the animal that is the victim is used by a law enforcement agency or fire department to perform agency or department functions or duties and causing death to the animal, is guilty of a Class D H felony.

AB1, s. 944 Section 944. 961.41 (1) (intro.) of the statutes is amended to read:

AB1,330,12 961.41 (1) Manufacture, distribution or delivery. (intro.) Except as authorized by this chapter, it is unlawful for any person to manufacture, distribute or deliver a controlled substance or controlled substance analog. Any person who violates this subsection with respect to is subject to the following penalties:

AB1, s. 945 Section 945. 961.41 (1) (a) of the statutes is amended to read:

AB1,330,19 961.41 (1) (a) Schedule I and II narcotic drugs generally. Except as provided in par. (d), if a person violates this subsection with respect to 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, 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. 946 Section 946. 961.41 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,331,2 961.41 (1) (b) Schedule I, II, and III nonnarcotic drugs generally. Except as provided in pars. (cm) and (e) to (hm), if a person violates this subsection with respect to any other controlled substance included in schedule I, II, or III, or a controlled substance analog of any other controlled substance included in schedule I or II, may be fined not more than $15,000 or imprisoned for not more than 7 years and 6 months or both the person is guilty of a Class H felony.

AB1, s. 947 Section 947. 961.41 (1) (cm) (intro.) of the statutes is amended to read:

AB1,331,7 961.41 (1) (cm) Cocaine and cocaine base. (intro.) Cocaine If the person violates this subsection with respect to cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, is subject to the following penalties if and the amount manufactured, distributed, or delivered is:

AB1, s. 948 Section 948. 961.41 (1) (cm) 1. of the statutes is renumbered 961.41 (1) (cm) 1r. and amended to read:

AB1,331,12 961.41 (1) (cm) 1r. Five grams or less More than one gram but not more than 5 grams, the person shall be fined not more than $500,000 and may be imprisoned for not more than 15 years is guilty of a Class F felony.

AB1, s. 949 Section 949. 961.41 (1) (cm) 1g. of the statutes is created to read:

AB1,331,14 961.41 (1) (cm) 1g. One gram or less, the person is guilty of a Class G felony.

AB1, s. 950 Section 950. 961.41 (1) (cm) 2. of the statutes is amended to read:

AB1,331,18 961.41 (1) (cm) 2. More than 5 grams but not more than 15 grams, the person shall be fined not 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 E felony.

AB1, s. 951 Section 951. 961.41 (1) (cm) 3. of the statutes is amended to read:

AB1,331,22 961.41 (1) (cm) 3. More than 15 grams but not more than 40 grams, the person shall be fined not more than $500,000 and shall be imprisoned for not less than 3 years nor more than 30 years is guilty of a Class D felony.

AB1, s. 952 Section 952. 961.41 (1) (cm) 4. of the statutes is amended to read:

AB1,332,3 961.41 (1) (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 45 years is guilty of a Class C felony.

AB1, s. 953 Section 953. 961.41 (1) (cm) 5. of the statutes is repealed.

AB1, s. 954 Section 954. 961.41 (1) (d) (intro.) of the statutes is amended to read:

AB1,332,8 961.41 (1) (d) Heroin. (intro.) Heroin If the person violates this subsection with respect to heroin or a controlled substance analog of heroin is subject to the following penalties if and the amount manufactured, distributed or delivered is:

AB1, s. 955 Section 955. 961.41 (1) (d) 1. of the statutes is amended to read:

AB1,332,12 961.41 (1) (d) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 22 years and 6 months is guilty of a Class F felony.

AB1, s. 956 Section 956. 961.41 (1) (d) 2. of the statutes is amended to read:

AB1,332,17 961.41 (1) (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 $250,000 and shall be imprisoned for not less than 6 months nor more than 22 years and 6 months is guilty of a Class E felony.

AB1, s. 957 Section 957. 961.41 (1) (d) 3. of the statutes is amended to read:

AB1,332,22 961.41 (1) (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 22 years and 6 months is guilty of a Class D felony.

AB1, s. 958 Section 958. 961.41 (1) (d) 4. of the statutes is amended to read:

AB1,333,2 961.41 (1) (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 22 years and 6 months is guilty of a Class C felony.

AB1, s. 959 Section 959. 961.41 (1) (d) 5. of the statutes is repealed.

AB1, s. 960 Section 960. 961.41 (1) (d) 6. of the statutes is repealed.

AB1, s. 961 Section 961. 961.41 (1) (e) (intro.) of the statutes is amended to read:

AB1,333,11 961.41 (1) (e) Phencyclidine, amphetamine, methamphetamine, and methcathinone. (intro.) Phencyclidine If the person violates this subsection with respect to phencyclidine, amphetamine, methamphetamine, or methcathinone, or a controlled substance analog of phencyclidine, amphetamine, methamphetamine, or methcathinone, is subject to the following penalties if and the amount manufactured, distributed, or delivered is:

AB1, s. 962 Section 962. 961.41 (1) (e) 1. of the statutes is amended to read:

AB1,333,15 961.41 (1) (e) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class F felony.

AB1, s. 963 Section 963. 961.41 (1) (e) 2. of the statutes is amended to read:

AB1,333,20 961.41 (1) (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 $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months is guilty of a Class E felony.

AB1, s. 964 Section 964. 961.41 (1) (e) 3. of the statutes is amended to read:

AB1,333,25 961.41 (1) (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 22 years and 6 months is guilty of a Class D felony.

AB1, s. 965 Section 965. 961.41 (1) (e) 4. of the statutes is amended to read:

AB1,334,5 961.41 (1) (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 22 years and 6 months is guilty of a Class C felony.

AB1, s. 966 Section 966. 961.41 (1) (e) 5. of the statutes is repealed.

AB1, s. 967 Section 967. 961.41 (1) (e) 6. of the statutes is repealed.

AB1, s. 968 Section 968. 961.41 (1) (em) of the statutes is repealed.

AB1, s. 969 Section 969. 961.41 (1) (f) (intro.) of the statutes is amended to read:

AB1,334,13 961.41 (1) (f) Lysergic acid diethylamide. (intro.) Lysergic If the person violates this subsection with respect to lysergic acid diethylamide or a controlled substance analog of lysergic acid diethylamide is subject to the following penalties if and the amount manufactured, distributed, or delivered is:

AB1, s. 970 Section 970. 961.41 (1) (f) 1. of the statutes is amended to read:

AB1,334,17 961.41 (1) (f) 1. One gram or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class G felony.

AB1, s. 971 Section 971. 961.41 (1) (f) 2. of the statutes is amended to read:

AB1,334,21 961.41 (1) (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 $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months is guilty of a Class F felony.

AB1, s. 972 Section 972. 961.41 (1) (f) 3. of the statutes is amended to read:

AB1,334,25 961.41 (1) (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 22 years and 6 months is guilty of a Class E felony.

AB1, s. 973 Section 973. 961.41 (1) (g) (intro.) of the statutes is amended to read:

AB1,335,5 961.41 (1) (g) Psilocin and psilocybin. (intro.) Psilocin If the person violates this subsection with respect to psilocin or psilocybin, or a controlled substance analog of psilocin or psilocybin, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

AB1, s. 974 Section 974. 961.41 (1) (g) 1. of the statutes is amended to read:

AB1,335,9 961.41 (1) (g) 1. One hundred grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class G felony.

AB1, s. 975 Section 975. 961.41 (1) (g) 2. of the statutes is amended to read:

AB1,335,14 961.41 (1) (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 $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months is guilty of a Class F felony.

AB1, s. 976 Section 976. 961.41 (1) (g) 3. of the statutes is amended to read:

AB1,335,18 961.41 (1) (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 22 years and 6 months is guilty of a Class E felony.

AB1, s. 977 Section 977. 961.41 (1) (h) (intro.) of the statutes is amended to read:

AB1,335,24 961.41 (1) (h) Tetrahydrocannabinols. (intro.) Tetrahydrocannabinols If the person violates this subsection with respect to tetrahydrocannabinols, included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, is subject to the following penalties if and the amount manufactured, distributed or delivered is:

AB1, s. 978 Section 978. 961.41 (1) (h) 1. of the statutes is amended to read:

AB1,336,4 961.41 (1) (h) 1. Five Two hundred grams or less, or 10 4 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 4 years and 6 months is guilty of a Class I felony.

AB1, s. 979 Section 979. 961.41 (1) (h) 2. of the statutes is amended to read:

AB1,336,10 961.41 (1) (h) 2. More than 500 200 grams but not more than 2,500 1,000 grams, or more than 10 4 plants containing tetrahydrocannabinols but not more than 50 20 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 7 years and 6 months is guilty of a Class H felony.

AB1, s. 980 Section 980. 961.41 (1) (h) 3. of the statutes is amended to read:

AB1,336,16 961.41 (1) (h) 3. More than 2,500 1,000 grams but not more than 2,500 grams, or more than 50 20 plants containing tetrahydrocannabinols but not 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 15 years is guilty of a Class G felony.

AB1, s. 981 Section 981. 961.41 (1) (h) 4. of the statutes is created to read:

AB1,336,20 961.41 (1) (h) 4. More than 2,500 grams but not more than 10,000 grams, or more than 50 plants containing tetrahydrocannabinols but not more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class F felony.

AB1, s. 982 Section 982. 961.41 (1) (h) 5. of the statutes is created to read:

AB1,336,23 961.41 (1) (h) 5. More than 10,000 grams, or more than 200 plants containing tetrahydrocannabinols, the person is guilty of a Class E felony.

AB1, s. 983 Section 983. 961.41 (1) (hm) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1,337,10 961.41 (1) (hm) Certain other schedule I controlled substances and ketamine. (intro.) Gamma-hydroxybutyric If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if and the amount manufactured, distributed, or delivered is:

AB1, s. 984 Section 984. 961.41 (1) (hm) 1. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,337,15 961.41 (1) (hm) 1. Three grams or less, the person shall be fined not less than $1,000 nor more than $200,000 and may be imprisoned for not more than 7 years and 6 months is guilty of a Class F felony.

AB1, s. 985 Section 985. 961.41 (1) (hm) 2. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,337,21 961.41 (1) (hm) 2. More than 3 grams but not more than 10 grams, the person shall be fined not less than $1,000 nor more than $250,000 and shall be imprisoned for not less than 6 months nor more than 7 years and 6 months is guilty of a Class E felony.

AB1, s. 986 Section 986. 961.41 (1) (hm) 3. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1,338,2 961.41 (1) (hm) 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. 987 Section 987. 961.41 (1) (hm) 4. of the statutes, as created by 2001 Wisconsin Act 16, is amended to read: