LRB-2644/1
MGD:jld:cph
2003 - 2004 LEGISLATURE
December 5, 2003 - Introduced by Representatives Underheim, Ainsworth,
Krawczyk, Musser, Petrowski, Hines, Townsend, Lothian, Gunderson and
Ott, cosponsored by Senators Darling, A. Lasee and Roessler. Referred to
Committee on Criminal Justice.
AB688,1,2
1An Act to create 961.493 of the statutes;
relating to: distributing controlled
2substances in a place in which a child is present and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits the unauthorized distribution or delivery of a controlled
substance and the unauthorized possession of a controlled substance with intent to
distribute or deliver it. The maximum term of imprisonment, which consists of a
term of confinement in state prison followed by a term of extended supervision, for
a person who violates this prohibition ranges from three and one-half to forty years,
depending on which controlled substance -- and how much of it -- is involved. In
addition, the maximum term of imprisonment may be increased by five years if the
offender distributes or delivers certain controlled substances (including cocaine,
heroin, PCP, LSD, methamphetamine, and marijuana) within 1,000 feet of a school
or public park or in other specified places.
Under this bill, the maximum term of imprisonment for unlawfully distributing
or delivering a controlled substance or for unlawfully possessing a controlled
substance with intent to deliver or distribute it may be increased by five years if: 1)
the person commits the offense at a residential building while a child is present; or
2) the person uses a vehicle to facilitate the commission of the offense and a child is
in or on the vehicle while the person commits it.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB688, s. 1
1Section
1. 961.493 of the statutes is created to read:
AB688,2,3
2961.493 Distributing controlled substances around children. (1) In this
3section:
AB688,2,44
(a) "Child" means a person who is under the age of 18 years.
AB688,2,55
(b) "Residential building" has the meaning given in s. 101.145 (1) (a).
AB688,2,66
(c) "Unit" has the meaning given in s. 101.145 (1) (d).
AB688,2,11
7(2) If a person violates s. 961.41 (1) by distributing or delivering a controlled
8substance or a controlled substance analog or violates s. 961.41 (1m) by possessing
9a controlled substance or a controlled substance analog with intent to distribute or
10deliver it under any of the following circumstances, the maximum term of
11imprisonment for the crime may be increased by 5 years:
AB688,2,1412
(a) The person commits the offense in a unit, in a common area, or on the
13grounds of a residential building while a child is present in or on the unit, common
14area, or grounds.
AB688,2,1615
(b) The person uses a vehicle to facilitate the commission of the offense and a
16child is in or on the vehicle while the person commits the offense.
AB688,2,20
17(3) (a) A prosecutor may charge a person under sub. (2) and s. 961.455
18regarding the same incident or occurrence, but the person may not be convicted
19under both this section and s. 961.455 if the child described in sub. (2) is the person
20under the age of 17 years involved in the violation of s. 961.455.
AB688,3,5
1(b) A prosecutor may charge a person under sub. (2) and s. 961.46 regarding
2the same incident or occurrence, but the person may not be convicted under both this
3section and s. 961.46 if the child described in sub. (2) is the person to whom the
4controlled substance or controlled substance analog is distributed or delivered under
5s. 961.46.
