AB62,1,4 1An Act to amend 23.33 (1) (i), 30.50 (4e), 85.53 (1) (c), 350.01 (9), 939.22 (42) and
2940.225 (5) (ai); and to create 23.33 (1) (gb), 30.50 (4c), 85.53 (1) (bg), 340.01
3(20r), 340.01 (25d), 350.01 (4) and 939.22 (15) of the statutes; relating to: the
4definition of intoxicant.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from operating, or causing injury or death to a
person by operating, a vehicle, including an all-terrain vehicle, snowmobile, or boat,
while under the influence of an intoxicant. Current law also prohibits a person from
causing injury or death to a person by operating a firearm or airgun while under the
influence of an intoxicant. Current law defines an "intoxicant" as any alcohol
beverage, controlled substance, controlled substance analog or other drug, or any
combination thereof.
This bill broadens the definition of "intoxicant" to include a substance that is
inhaled, ingested, or otherwise consumed in a manner that is contrary to its intended
use or labelling, and that is inhaled, ingested, or otherwise consumed to induce
intoxication or elation, to stupefy the central nervous system, or to change the
human audio, visual, or mental processes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB62,1
1Section 1. 23.33 (1) (gb) of the statutes is created to read:
AB62,2,72 23.33 (1) (gb) "Hazardous inhalant" means a substance that is ingested,
3inhaled, or otherwise introduced into the human body in a manner that does not
4comply with any cautionary labeling that is required for the substance under s.
5100.37 or under federal law, or in a manner that is not intended by the manufacturer
6of the substance, and that is intended to induce intoxication or elation, to stupefy the
7central nervous system, or to change the human audio, visual, or mental processes.
AB62,2 8Section 2. 23.33 (1) (i) of the statutes is amended to read:
AB62,2,119 23.33 (1) (i) "Intoxicant" means any alcohol beverage, hazardous inhalant,
10controlled substance, controlled substance analog or other drug, or any combination
11thereof.
AB62,3 12Section 3. 30.50 (4c) of the statutes is created to read:
AB62,2,1813 30.50 (4c) "Hazardous inhalant" means a substance that is ingested, inhaled,
14or otherwise introduced into the human body in a manner that does not comply with
15any cautionary labeling that is required for the substance under s. 100.37 or under
16federal law, or in a manner that is not intended by the manufacturer of the substance,
17and that is intended to induce intoxication or elation, to stupefy the central nervous
18system, or to change the human audio, visual, or mental processes.
AB62,4 19Section 4. 30.50 (4e) of the statutes is amended to read:
AB62,2,2220 30.50 (4e) "Intoxicant" means any alcohol beverage, hazardous inhalant,
21controlled substance, controlled substance analog or other drug, or any combination
22thereof.
AB62,5 23Section 5. 85.53 (1) (bg) of the statutes is created to read:
AB62,3,424 85.53 (1) (bg) "Hazardous inhalant" means a substance that is ingested,
25inhaled, or otherwise introduced into the human body in a manner that does not

1comply with any cautionary labeling that is required for the substance under s.
2100.37 or under federal law, or in a manner that is not intended by the manufacturer
3of the substance, and that is intended to induce intoxication or elation, to stupefy the
4central nervous system, or to change the human audio, visual, or mental processes.
AB62,6 5Section 6. 85.53 (1) (c) of the statutes is amended to read:
AB62,3,86 85.53 (1) (c) "Intoxicant" means any alcohol beverage, hazardous inhalant,
7controlled substance, controlled substance analog or other drug, or any combination
8thereof.
AB62,7 9Section 7. 340.01 (20r) of the statutes is created to read:
AB62,3,1510 340.01 (20r) "Hazardous inhalant" means a substance that is ingested,
11inhaled, or otherwise introduced into the human body in a manner that does not
12comply with any cautionary labeling that is required for the substance under s.
13100.37 or under federal law, or in a manner that is not intended by the manufacturer
14of the substance, and that is intended to induce intoxication or elation, to stupefy the
15central nervous system, or to change the human audio, visual, or mental processes.
AB62,8 16Section 8. 340.01 (25d) of the statutes is created to read:
AB62,3,1717 340.01 (25d) "Intoxicant" includes a hazardous inhalant.
AB62,9 18Section 9. 350.01 (4) of the statutes is created to read:
AB62,3,2419 350.01 (4) "Hazardous inhalant" means a substance that is ingested, inhaled,
20or otherwise introduced into the human body in a manner that does not comply with
21any cautionary labeling that is required for the substance under s. 100.37 or under
22federal law, or in a manner that is not intended by the manufacturer of the substance,
23and that is intended to induce intoxication or elation, to stupefy the central nervous
24system, or to change the human audio, visual, or mental processes.
AB62,10 25Section 10. 350.01 (9) of the statutes is amended to read:
AB62,4,3
1350.01 (9) "Intoxicant" means any alcohol beverage, hazardous inhalant,
2controlled substance, controlled substance analog or other drug, or any combination
3thereof.
AB62,11 4Section 11. 939.22 (15) of the statutes is created to read:
AB62,4,105 939.22 (15) "Hazardous inhalant" means a substance that is ingested, inhaled,
6or otherwise introduced into the human body in a manner that does not comply with
7any cautionary labeling that is required for the substance under s. 100.37 or under
8federal law, or in a manner that is not intended by the manufacturer of the substance,
9and that is intended to induce intoxication or elation, to stupefy the central nervous
10system, or to change the human audio, visual, or mental processes.
AB62,12 11Section 12. 939.22 (42) of the statutes is amended to read:
AB62,4,1712 939.22 (42) "Under the influence of an intoxicant" means that the actor's ability
13to operate a vehicle or handle a firearm or airgun is materially impaired because of
14his or her consumption of an alcohol beverage, hazardous inhalant, of a controlled
15substance or controlled substance analog under ch. 961, of any combination of an
16alcohol beverage, hazardous inhalant, controlled substance and controlled
17substance analog, or of any other drug, or of an alcohol beverage and any other drug.
AB62,13 18Section 13. 940.225 (5) (ai) of the statutes is amended to read:
AB62,4,2119 940.225 (5) (ai) "Intoxicant" means any alcohol beverage, hazardous inhalant,
20controlled substance, controlled substance analog, or other drug, or any combination
21thereof.
AB62,4,2222 (End)
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