AB3-engrossed,177,221
961.41
(3g) (b)
Other drugs generally. Except as provided in pars. (c), (d),
(dm), 22(e) and (f), if the person possesses or attempts to possess a controlled substance or
23controlled substance analog, other than a controlled substance included in schedule
24I or II that is a narcotic drug or a controlled substance analog of a controlled
1substance included in schedule I or II that is a narcotic drug, the person is guilty of
2a misdemeanor, punishable under s. 939.61.
AB3-engrossed,177,134
961.41
(3g) (c)
Cocaine and cocaine base. If a person possess or attempts to
5possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine
6base, the person shall be fined not more than $5,000 and may be imprisoned for not
7more than one year in the county jail
upon a first conviction and is guilty of a Class
8I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense
9is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
10offense, the offender has at any time been convicted of any felony or misdemeanor
11under this chapter or under any statute of the United States or of any state relating
12to controlled substances, controlled substance analogs, narcotic drugs, marijuana,
13or depressant, stimulant, or hallucinogenic drugs.
AB3-engrossed,178,215
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
16possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
17amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, or a
18controlled substance analog of lysergic acid diethylamide, phencyclidine,
19amphetamine,
methamphetamine, methcathinone, psilocin or psilocybin, the person
20may be fined not more than $5,000 or imprisoned for not more than one year in the
21county jail or both
upon a first conviction and is guilty of a Class I felony for a 2nd
22or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd
23or subsequent offense if, prior to the offender's conviction of the offense, the offender
24has at any time been convicted of any felony or misdemeanor under this chapter or
25under any statute of the United States or of any state relating to controlled
1substances, controlled substance analogs, narcotic drugs, marijuana, or depressant,
2stimulant, or hallucinogenic drugs.
AB3-engrossed,178,145
961.41
(3g) (e)
Tetrahydrocannabinols. If a person possesses or attempts to
6possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled
7substance analog of tetrahydrocannabinols, the person may be fined not more than
8$1,000 or imprisoned for not more than 6 months or both
upon a first conviction and
9is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this
10paragraph, an offense is considered a 2nd or subsequent offense if, prior to the
11offender's conviction of the offense, the offender has at any time been convicted of any
12felony or misdemeanor under this chapter or under any statute of the United States
13or of any state relating to controlled substances, controlled substance analogs,
14narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.
AB3-engrossed,178,2016
961.41
(3g) (f)
Gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine,
17or flunitrazepam. If a person possesses or attempts to possess
18gamma-hydroxybutyric acid, gamma-butyrolactone, ketamine or flunitrazepam,
19the person
may be fined not more than $5,000 or imprisoned for not more than 2 years
20or both is guilty of a Class H felony.
AB3-engrossed,178,2422
961.41
(4) (am) 3. A person
convicted of violating who violates this paragraph
23may be fined not more than $5,000 or imprisoned for not more than 2 years or both 24is guilty of a Class I felony.
AB3-engrossed,179,2
1961.42
(2) Any person who violates this section
may be fined not more than
2$25,000 or imprisoned not more than 2 years or both is guilty of a Class I felony.
AB3-engrossed,179,54
961.43
(2) Any person who violates this section
may be fined not more than
5$30,000 or imprisoned not more than 6 years or both is guilty of a Class H felony.
AB3-engrossed,179,97
961.437
(4) (a) For a first offense, the person
shall be fined not less than $1,000
8nor more than $100,000 or imprisoned for not more than 7 years and 6 months or both 9is guilty of a Class H felony.
AB3-engrossed,179,1311
961.437
(4) (b) For a 2nd or subsequent offense, the person
shall be fined not
12less than $5,000 nor more than $150,000 or imprisoned for not more than 15 years
13or both is guilty of a Class F felony.
AB3-engrossed,179,1916
961.455
(1) Any person who has attained the age of 17 years who knowingly
17solicits, hires, directs, employs or uses a person who is
under the age of 17 years
of
18age or under for the purpose of violating s. 961.41 (1)
may be fined not more than
19$50,000 or imprisoned for not more than 15 years or both is guilty of a Class F felony.
AB3-engrossed,179,2321
961.455
(3) Solicitation under sub. (1) occurs in the manner described under
22s. 939.30, but the penalties under sub. (1) apply instead of the penalties under s.
23939.30
or 948.35.
AB3-engrossed, s. 754
24Section
754. 961.46 (1) of the statutes is renumbered 961.46 and amended to
25read:
AB3-engrossed,180,9
1961.46 Distribution to persons under age 18.
Except as provided in sub.
2(3), any If a person 17 years of age or over
who violates s. 961.41 (1) by distributing
3or delivering a controlled substance
included in schedule I or II which is a narcotic
4drug or a controlled substance analog
of a controlled substance included in schedule
5I or II which is a narcotic drug to a person 17 years of age or under who is at least
63 years his or her junior
is punishable by the fine authorized by s. 961.41 (1) (a) or
7a term of imprisonment of up to twice that authorized by s. 961.41 (1) (a), or both, the
8applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the
9offense may be increased by not more than 5 years.
AB3-engrossed,180,2514
961.472
(2) Except as provided in sub. (5), if a person pleads guilty or is found
15guilty of possession or attempted possession of a controlled substance or controlled
16substance analog under s. 961.41 (3g)
(a) 2. (am), (c),
or (d)
or (dm), the court shall
17order the person to comply with an assessment of the person's use of controlled
18substances. The court's order shall designate a facility that is operated by or
19pursuant to a contract with the county department established under s. 51.42 and
20that is certified by the department of health and family services to provide
21assessment services to perform the assessment and, if appropriate, to develop a
22proposed treatment plan. The court shall notify the person that noncompliance with
23the order limits the court's ability to determine whether the treatment option under
24s. 961.475 is appropriate. The court shall also notify the person of the fee provisions
25under s. 46.03 (18) (fm).
AB3-engrossed, s. 759
1Section
759. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and
2amended to read:
AB3-engrossed,181,93
961.48
(1) (intro.)
Except as provided in subs. (2) and (4), any If a person
who 4is charged under sub. (2m) with
a felony offense under this chapter that is a 2nd or
5subsequent offense
as provided under
this chapter sub. (3) and
the person is 6convicted of that 2nd or subsequent offense
may be fined an amount up to twice that
7otherwise authorized or imprisoned for a term up to twice the term otherwise
8authorized or both., the maximum term of imprisonment for the offense may be
9increased as follows:
AB3-engrossed,181,1111
961.48
(1) (a) By not more than 6 years, if the offense is a Class C or D felony.
AB3-engrossed,181,1212
(b) By not more than 4 years, if the offense is a Class E, F, G, H, or I felony.
AB3-engrossed,181,2215
961.48
(2m) (a) Whenever a person charged with
an a felony offense under this
16chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is
17not subject to an enhanced penalty under sub. (1)
or (2) unless any applicable prior
18convictions are alleged in the complaint, indictment or information or in an amended
19complaint, indictment or information that is filed under par. (b) 1. A person is not
20subject to an enhanced penalty under sub. (1)
or (2) for an offense if an allegation of
21applicable prior convictions is withdrawn by an amended complaint filed under par.
22(b) 2.
AB3-engrossed,182,424
961.48
(3) For purposes of this section,
an a felony offense
under this chapter 25is considered a 2nd or subsequent offense if, prior to the offender's conviction of the
1offense, the offender has at any time been convicted
of any felony or misdemeanor
2offense under this chapter or under any statute of the United States or of any state
3relating to controlled substances or controlled substance analogs, narcotic drugs,
4marijuana or depressant, stimulant or hallucinogenic drugs.
AB3-engrossed, s. 765
6Section
765. 961.49 (1) of the statutes is renumbered 961.49, and 961.49
7(intro.) of the statutes, as renumbered, is amended to read:
AB3-engrossed,182,17
8961.49 Distribution of or possession with intent to deliver a controlled
9substance on or near certain places. (intro.) If any person violates s. 961.41 (1)
10(cm), (d), (e),
(em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m)
11(cm), (d), (e),
(em), (f), (g) or (h) by possessing with intent to deliver or distribute,
12cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin,
13psilocybin, amphetamine, methamphetamine, methcathinone or any form of
14tetrahydrocannabinols or a controlled substance analog of any of these substances
15and the delivery, distribution or possession takes place under any of the following
16circumstances, the maximum term of imprisonment prescribed by law for that crime
17may be increased by 5 years:
AB3-engrossed,182,2322
961.55
(1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41
23(3g) (b), (c), (d),
(dm), (e) or (f); and
AB3-engrossed,183,6
1961.573
(3) No person may use, or possess with the primary intent to use, drug
2paraphernalia to manufacture, compound, convert, produce, process, prepare, test,
3analyze, pack, repack or store methamphetamine or a controlled substance analog
4of methamphetamine in violation of this chapter. Any person who violates this
5subsection
may be fined not more than $10,000 or imprisoned for not more than 5
6years or both is guilty of a Class H felony.
AB3-engrossed,183,148
961.574
(3) No person may deliver, possess with intent to deliver, or
9manufacture with intent to deliver, drug paraphernalia, knowing that it will be
10primarily used to manufacture, compound, convert, produce, process, prepare, test,
11analyze, pack, repack or store methamphetamine or a controlled substance analog
12of methamphetamine in violation of this chapter. Any person who violates this
13subsection
may be fined not more than $10,000 or imprisoned for not more than 5
14years or both is guilty of a Class H felony.
AB3-engrossed,183,1916
961.575
(3) Any person 17 years of age or over who violates s. 961.574 (3) by
17delivering drug paraphernalia to a person 17 years of age or under
may be fined not
18more than $50,000 or imprisoned for not more than 10 years or both
is guilty of a
19Class G felony.
AB3-engrossed,184,221
967.04
(9) In any criminal prosecution or juvenile fact-finding hearing under
22s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken
23under subs. (7) and (8) without an additional hearing under s. 908.08. In any
24proceeding under s.
302.113 (9) (am), 302.114 (9) (am), 304.06 (3)
, or 973.10 (2), the
25hearing examiner may order and preside at the taking of a videotaped deposition
1using the procedure provided in subs. (7) and (8) and may admit the videotaped
2deposition into evidence without an additional hearing under s. 908.08.
AB3-engrossed,184,54
968.255
(1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20
5(1), 941.23, 941.237, 941.24, 948.60,
948.605 (2) (a) or 948.61.
AB3-engrossed,184,107
968.31
(1) (intro.) Except as otherwise specifically provided in ss. 196.63 or
8968.28 to 968.30, whoever commits any of the acts enumerated in this section
may
9be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months
10or both is guilty of a Class H felony:
AB3-engrossed,184,1312
968.34
(3) Whoever knowingly violates sub. (1)
shall may be fined not more
13than $10,000 or imprisoned for not more than
2 years
9 months or both.
AB3-engrossed,184,1715
968.43
(3) Any person who violates an oath or affirmation required by sub. (2)
16may be imprisoned for not more than 7 years and 6 months is guilty of a Class H
17felony.
AB3-engrossed,184,2119
969.08
(10) (a) "Commission of a serious crime" includes a solicitation,
20conspiracy or attempt, under
s. 948.35, 1999 stats., or s. 939.30, 939.31,
or 939.32
or
21948.35, to commit a serious crime.
AB3-engrossed,185,523
969.08
(10) (b) "Serious crime" means any crime specified in
s. 943.23 (1m),
241999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03,
25940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
1940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
21m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
3943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g),
(1m) or (1r), 4943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
5948.04, 948.05, 948.06, 948.07 or 948.30.
AB3-engrossed, s. 780
6Section
780. 971.17 (1) of the statutes is renumbered 971.17 (1) (a) and
7amended to read:
AB3-engrossed,185,188
971.17
(1) (a)
Felonies committed before the effective date of this paragraph ....
9[revisor inserts date]. When Except as provided in par. (c), when a defendant is found
10not guilty by reason of mental disease or mental defect
of a felony committed before
11the effective date of this paragraph .... [revisor inserts date], the court shall commit
12the person to the department of health and family services for a specified period not
13exceeding two-thirds of the maximum term of imprisonment that could be imposed
14under s. 973.15 (2) (a) against an offender convicted of the same
crime or crimes 15felony, including imprisonment authorized by
ss. 346.65 (2) (f), (2j) (d) or (3m),
16939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b)
17and 961.48 and other any applicable penalty enhancement statutes,
as applicable, 18subject to the credit provisions of s. 973.155.
AB3-engrossed,185,22
19(c) Felonies punishable by life imprisonment. If
the maximum term of
20imprisonment is a defendant is found not guilty by reason of mental disease or
21mental defect of a felony that is punishable by life
imprisonment, the commitment
22period specified by the court may be life, subject to termination under sub. (5).
AB3-engrossed,186,724
971.17
(1) (b)
Felonies committed on or after the effective date of this paragraph
25.... [revisor inserts date]. Except as provided in par. (c), when a defendant is found
1not guilty by reason of mental disease or mental defect of a felony committed on or
2after the effective date of this paragraph .... [revisor inserts date], the court shall
3commit the person to the department of health and family services for a specified
4period not exceeding the maximum term of confinement in prison that could be
5imposed on an offender convicted of the same felony, plus imprisonment authorized
6by any applicable penalty enhancement statutes, subject to the credit provisions of
7s. 973.155.
AB3-engrossed,186,159
971.17
(1) (d)
Misdemeanors. When a defendant is found not guilty by reason
10of mental disease or mental defect of a misdemeanor, the court shall commit the
11person to the department of health and family services for a specified period not
12exceeding two-thirds of the maximum term of imprisonment that could be imposed
13against an offender convicted of the same misdemeanor, including imprisonment
14authorized by any applicable penalty enhancement statutes, subject to the credit
15provisions of s. 973.155.
AB3-engrossed,186,2017
971.365
(1) (a) In any case under
s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1)
18(cm), (d), (e),
(em), (f), (g) or (h) involving more than one violation, all violations may
19be prosecuted as a single crime if the violations were pursuant to a single intent and
20design.
AB3-engrossed,186,2522
971.365
(1) (b) In any case under
s. 961.41 (1m) (em), 1999 stats., or s. 961.41
23(1m) (cm), (d), (e),
(em), (f), (g) or (h) involving more than one violation, all violations
24may be prosecuted as a single crime if the violations were pursuant to a single intent
25and design.
AB3-engrossed,187,52
971.365
(1) (c) In any case under
s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41
3(3g) (dm), 1999 stats., or s. 961.41 (3g)
(a) 2.
(am), (c), (d),
(dm) or (e) involving more
4than one violation, all violations may be prosecuted as a single crime if the violations
5were pursuant to a single intent and design.
AB3-engrossed,187,127
971.365
(2) An acquittal or conviction under sub. (1) does not bar a subsequent
8prosecution for any acts in violation of
s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m)
9(em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats.,
10or s. 961.41 (1) (cm), (d), (e),
(em), (f), (g)
, or (h), (1m) (cm), (d), (e),
(em), (f), (g)
, or (h)
11or (3g)
(a) 2. (am), (c), (d),
(dm) or (e) on which no evidence was received at the trial
12on the original charge.