AB810,43,1411 344.576 (2) (b) The damage occurs while the renter or authorized driver
12operates the private passenger vehicle in this state while under the influence of an
13intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or
14(2p)
.
AB810,90 15Section 90. 346.63 (1) (b) of the statutes is amended to read:
AB810,43,1716 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols
17concentration.
AB810,91 18Section 91. 346.63 (1) (d) of the statutes is amended to read:
AB810,44,219 346.63 (1) (d) In an action under par. (am) that is based on the defendant
20allegedly having a detectable amount of methamphetamine, or
21gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or
22in an action under par. (b) that is based on the defendant allegedly having a
23prohibited tetrahydrocannabinols concentration
, the defendant has a defense if he
24or she proves by a preponderance of the evidence that at the time of the incident or
25occurrence he or she had a valid prescription for methamphetamine or one of its

1metabolic precursors, gamma-hydroxybutyric acid, or
2delta-9-tetrahydrocannabinol.
AB810,92 3Section 92. 346.63 (2) (a) 2. of the statutes is amended to read:
AB810,44,54 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols
5concentration.
AB810,93 6Section 93. 346.63 (2) (b) 1. of the statutes is amended to read:
AB810,44,167 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense
8if he or she proves by a preponderance of the evidence that the injury would have
9occurred even if he or she had been exercising due care and he or she had not been
10under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance,
11a controlled substance analog or a combination thereof, under the influence of any
12other drug to a degree which renders him or her incapable of safely driving, or under
13the combined influence of an intoxicant and any other drug to a degree which renders
14him or her incapable of safely driving, did not have a prohibited alcohol or
15tetrahydrocannabinols
concentration described under par. (a) 2., or did not have a
16detectable amount of a restricted controlled substance in his or her blood.
AB810,94 17Section 94. 346.63 (2) (b) 2. of the statutes is amended to read:
AB810,45,218 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant
19allegedly having a detectable amount of methamphetamine, or
20gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or
21in an action under par. (a) 2. that is based on the defendant allegedly having a
22prohibited tetrahydrocannabinols concentration
, the defendant has a defense if he
23or she proves by a preponderance of the evidence that at the time of the incident or
24occurrence he or she had a valid prescription for methamphetamine or one of its

1metabolic precursors, gamma-hydroxybutyric acid, or
2delta-9-tetrahydrocannabinol.
AB810,95 3Section 95. 346.63 (2p) of the statutes is created to read:
AB810,45,114 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70
5(1), the person may not drive or operate a motor vehicle while he or she has an
6tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One
7penalty for violation of this subsection is suspension of a person's operating privilege
8under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
9at any time. If a person arrested for a violation of this subsection refuses to take a
10test under s. 343.305, the refusal is a separate violation and the person is subject to
11revocation of the person's operating privilege under s. 343.305 (10) (em).
AB810,96 12Section 96. 346.65 (2m) (a) of the statutes is amended to read:
AB810,45,2113 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
14(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
15review the record and consider the aggravating and mitigating factors in the matter.
16If the amount of alcohol in the person's blood or urine or the amount of a restricted
17controlled substance or tetrahydrocannabinols in the person's blood is known, the
18court shall consider that amount as a factor in sentencing. The chief judge of each
19judicial administrative district shall adopt guidelines, under the chief judge's
20authority to adopt local rules under SCR 70.34, for the consideration of aggravating
21and mitigating factors.
AB810,97 22Section 97. 346.65 (2q) of the statutes is amended to read:
AB810,46,223 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If
24there was a minor passenger under 16 years of age in the motor vehicle at the time

1of the violation that gave rise to the conviction under 346.63 (2m) or (2p), the person
2shall be fined $400.
AB810,98 3Section 98. 349.03 (2m) of the statutes is amended to read:
AB810,46,54 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
5for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB810,99 6Section 99. 349.06 (1m) of the statutes is amended to read:
AB810,46,87 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license
8for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB810,100 9Section 100. 350.01 (10v) (a) of the statutes is amended to read:
AB810,46,1110 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961
11other than a tetrahydrocannabinol.
AB810,101 12Section 101. 350.01 (10v) (e) of the statutes is repealed.
AB810,102 13Section 102. 350.01 (21g) of the statutes is created to read:
AB810,46,1514 350.01 (21g) "Tetrahydrocannabinols concentration" has the meaning given in
15s. 23.33 (1) (k).
AB810,103 16Section 103. 350.101 (1) (bg) of the statutes is created to read:
AB810,46,1917 350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or
18above specified levels.
No person may engage in the operation of a snowmobile while
19the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB810,104 20Section 104. 350.101 (1) (cg) of the statutes is created to read:
AB810,46,2421 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or
22above specified levels.
If a person has not attained the age of 21, the person may not
23engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols
24concentration of more than 0.0 but not more than 5.0.
AB810,105 25Section 105. 350.101 (1) (d) of the statutes is amended to read:
AB810,47,9
1350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
2may proceed upon a complaint based upon a violation of any combination of par. (a),
3(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
4is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses
5shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg),
6or (bm) for acts arising out of the same incident or occurrence, there shall be a single
7conviction for purposes of sentencing and for purposes of counting convictions under
8s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a
9fact for conviction which the others do not require.
AB810,106 10Section 106. 350.101 (1) (e) of the statutes is amended to read:
AB810,47,1911 350.101 (1) (e) Defenses. In an action under par. (bm) that is based on the
12defendant allegedly having a detectable amount of methamphetamine, or
13gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or
14in an action under par. (bg) or (cg) that is based on the defendant allegedly having
15a prohibited tetrahydrocannabinols concentration
, the defendant has a defense if he
16or she proves by a preponderance of the evidence that at the time of the incident or
17occurrence he or she had a valid prescription for methamphetamine or one of its
18metabolic precursors, gamma-hydroxybutyric acid, or
19delta-9-tetrahydrocannabinol.
AB810,107 20Section 107. 350.101 (2) (bg) of the statutes is created to read:
AB810,47,2321 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at
22or above specified levels.
No person who has a tetrahydrocannabinols concentration
23of 5.0 or more may cause injury to another person by the operation of a snowmobile.
AB810,108 24Section 108. 350.101 (2) (c) of the statutes is amended to read:
AB810,48,10
1350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
2may proceed upon a complaint based upon a violation of any combination of par. (a),
3(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
4is charged with violating any combination of par. (a), (b), (bg), or (bm) in the
5complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
6of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident
7or occurrence, there shall be a single conviction for purposes of sentencing and for
8purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
9(bg), and (bm) each require proof of a fact for conviction which the others do not
10require.
AB810,109 11Section 109. 350.101 (2) (d) 1. of the statutes is amended to read:
AB810,48,1712 350.101 (2) (d) 1. In an action under this subsection, the defendant has a
13defense if he or she proves by a preponderance of the evidence that the injury would
14have occurred even if he or she had been exercising due care and he or she had not
15been under the influence of an intoxicant or did not have an alcohol concentration
16of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or more or a
17detectable amount of a restricted controlled substance in his or her blood.
AB810,110 18Section 110. 350.101 (2) (d) 2. of the statutes is amended to read:
AB810,49,219 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant
20allegedly having a detectable amount of methamphetamine, or
21gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood or
22in an action under par. (bg) that is based on the defendant allegedly having a
23prohibited tetrahydrocannabinols concentration
, the defendant has a defense if he
24or she proves by a preponderance of the evidence that at the time of the incident or
25occurrence he or she had a valid prescription for methamphetamine or one of its

1metabolic precursors, gamma-hydroxybutyric acid, or
2delta-9-tetrahydrocannabinol.
AB810,111 3Section 111. 350.104 (4) of the statutes is amended to read:
AB810,49,134 350.104 (4) Admissibility; effect of test results; other evidence. The results
5of a chemical test required or administered under sub. (1), (2) or (3) are admissible
6in any civil or criminal action or proceeding arising out of the acts committed by a
7person alleged to have violated the intoxicated snowmobiling law on the issue of
8whether the person was under the influence of an intoxicant or the issue of whether
9the person had alcohol or tetrahydrocannabinols concentrations at or above specified
10levels or a detectable amount of a restricted controlled substance in his or her blood.
11Results of these chemical tests shall be given the effect required under s. 885.235.
12This section does not limit the right of a law enforcement officer to obtain evidence
13by any other lawful means.
AB810,112 14Section 112. 350.11 (3) (d) of the statutes is amended to read:
AB810,49,2415 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs,
16or tetrahydrocannabinols
; assessment. In addition to any other penalty or order, a
17person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or
18940.25 if the violation involves the operation of a snowmobile, shall be ordered by the
19court to submit to and comply with an assessment by an approved public treatment
20facility for an examination of the person's use of alcohol, controlled substances or
21controlled substance analogs, or tetrahydrocannabinols. The assessment order shall
22comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an
23assessment ordered under this paragraph constitutes contempt of court, punishable
24under ch. 785.
AB810,113 25Section 113. 885.235 (1) (d) 1. of the statutes is amended to read:
AB810,50,2
1885.235 (1) (d) 1. A controlled substance included in schedule I under ch. 961
2other than a tetrahydrocannabinol.
AB810,114 3Section 114. 885.235 (1) (d) 5. of the statutes is repealed.
AB810,115 4Section 115. 885.235 (1) (e) of the statutes is created to read:
AB810,50,65 885.235 (1) (e) "Tetrahydrocannabinols concentration" has the meaning given
6in s. 23.33 (1) (k).
AB810,116 7Section 116. 885.235 (1g) (intro.) of the statutes is amended to read:
AB810,50,218 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove
9that a person was under the influence of an intoxicant or had a prohibited alcohol or
10tetrahydrocannabinols
concentration or a specified alcohol concentration while
11operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
12on duty time, while operating a motorboat, except a sailboat operating under sail
13alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
14terrain vehicle or while handling a firearm, evidence of the amount of alcohol or
15tetrahydrocannabinols
in the person's blood at the time in question, as shown by
16chemical analysis of a sample of the person's blood or urine or evidence of the amount
17of alcohol in the person's breath, is admissible on the issue of whether he or she was
18under the influence of an intoxicant or had a prohibited alcohol or
19tetrahydrocannabinols
concentration or a specified alcohol concentration if the
20sample was taken within 3 hours after the event to be proved. The chemical analysis
21shall be given effect as follows without requiring any expert testimony as to its effect:
AB810,117 22Section 117. 885.235 (1g) (ag) of the statutes is created to read:
AB810,51,323 885.235 (1g) (ag) The fact that the analysis shows that the person had an
24tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant
25evidence on the issue of being under the combined influence of

1tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance
2analog, or any other drug, but, except as provided in sub. (1L), is not to be given any
3prima facie effect.
AB810,118 4Section 118. 885.235 (1g) (cg) of the statutes is created to read:
AB810,51,75 885.235 (1g) (cg) The fact that the analysis shows that the person had an
6tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he
7or she had an tetrahydrocannabinols concentration of 5.0 or more.
AB810,119 8Section 119. 885.235 (1L) of the statutes is created to read:
AB810,51,199 885.235 (1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63
10(2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the
11person's blood at the time in question, as shown by chemical analysis of a sample of
12the person's blood or urine, is admissible on the issue of whether he or she had a
13tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1430.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3
15hours after the event to be proved. The fact that the analysis shows that the person
16had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0
17is prima facie evidence that the person had a tetrahydrocannabinols concentration
18in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101
19(1) (cg).
AB810,120 20Section 120. 885.235 (1m) of the statutes is amended to read:
AB810,52,721 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63
22(2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood
23at the time in question, as shown by chemical analysis of a sample of the person's
24blood or urine or evidence of the amount of alcohol in the person's breath, is
25admissible on the issue of whether he or she had an alcohol concentration in the

1range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1)
2(c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken
3within 3 hours after the event to be proved. The fact that the analysis shows that
4the person had an alcohol concentration of more than 0.0 but not more than 0.08 is
5prima facie evidence that the person had an alcohol concentration in the range
6specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an
7alcohol concentration above 0.0 under s. 346.63 (7).
AB810,121 8Section 121. 885.235 (4) of the statutes is amended to read:
AB810,52,199 885.235 (4) The provisions of this section relating to the admissibility of
10chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or
11for determining whether a person had a detectable amount of a restricted controlled
12substance in his or her blood shall not be construed as limiting the introduction of
13any other competent evidence bearing on the question of whether or not a person was
14under the influence of an intoxicant, had a detectable amount of a restricted
15controlled substance in his or her blood, had a specified alcohol or
16tetrahydrocannabinols
concentration, or had an alcohol concentration in the range
17specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m) or 350.101 (1) (c), or had
18a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1930.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg)
.
AB810,122 20Section 122. 895.047 (3) (a) of the statutes is amended to read:
AB810,53,221 895.047 (3) (a) If the defendant proves by clear and convincing evidence that
22at the time of the injury the claimant was under the influence of any controlled
23substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
24(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or
25a tetrahydrocannabinols concentration, as defined in s. 233.33 (1) (k), of 5.0 or more
,

1there shall be a rebuttable presumption that the claimant's intoxication or drug use
2was the cause of his or her injury.
AB810,123 3Section 123. 905.04 (4) (f) of the statutes is amended to read:
AB810,53,74 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results
5of or circumstances surrounding any chemical tests for intoxication or for alcohol
6concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration,
7as defined in s. 23.33 (1) (k)
.
AB810,124 8Section 124. 939.22 (33) (a) of the statutes is amended to read:
AB810,53,109 939.22 (33) (a) A controlled substance included in schedule I under ch. 961
10other than a tetrahydrocannabinol.
AB810,125 11Section 125. 939.22 (33) (e) of the statutes is repealed.
AB810,126 12Section 126. 939.22 (39g) of the statutes is created to read:
AB810,53,1413 939.22 (39g) "Tetrahydrocannabinols concentration" has the meaning given in
14s. 23.33 (1) (k).
AB810,127 15Section 127. 940.09 (1) (bg) of the statutes is created to read:
AB810,53,1716 940.09 (1) (bg) Causes the death of another by the operation or handling of a
17vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB810,128 18Section 128. 940.09 (1) (dg) of the statutes is created to read:
AB810,53,2119 940.09 (1) (dg) Causes the death of an unborn child by the operation or
20handling of a vehicle while the person has a tetrahydrocannabinols concentration of
215.0 or more.
AB810,129 22Section 129. 940.09 (1g) (bg) of the statutes is created to read:
AB810,53,2523 940.09 (1g) (bg) Causes the death of another by the operation or handling of
24a firearm or airgun while the person has a tetrahydrocannabinols concentration of
255.0 or more.
AB810,130
1Section 130. 940.09 (1g) (dg) of the statutes is created to read:
AB810,54,42 940.09 (1g) (dg) Causes the death of an unborn child by the operation or
3handling of a firearm or airgun while the person has a tetrahydrocannabinols
4concentration of 5.0 or more.
AB810,131 5Section 131. 940.09 (1m) (a) of the statutes is amended to read:
AB810,54,116 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed
7upon an information based upon a violation of any combination of sub. (1) (a), (am),
8or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of
9sub. (1) (c), (cm), or (d), or (dg); any combination of sub. (1) (c), (cm), (dg), or (e); any
10combination of sub. (1g) (a), (am), or (b), or (bg) or; any combination of sub. (1g) (c),
11(cm), or (d), or (dg) for acts arising out of the same incident or occurrence.
AB810,132 12Section 132. 940.09 (1m) (b) of the statutes is amended to read:
AB810,54,2213 940.09 (1m) (b) If a person is charged in an information with any of the
14combinations of crimes referred to in par. (a), the crimes shall be joined under s.
15971.12. If the person is found guilty of more than one of the crimes so charged for
16acts arising out of the same incident or occurrence, there shall be a single conviction
17for purposes of sentencing and for purposes of counting convictions under s. 23.33
18(13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11
19(3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each
20require proof of a fact for conviction which the others do not require, and sub. (1g)
21(a), (am), (b), (bg), (c), (cm), and (d), and (dg) each require proof of a fact for conviction
22which the others do not require.
AB810,133 23Section 133. 940.09 (2) (a) of the statutes is amended to read:
AB810,55,524 940.09 (2) (a) In any action under this section, the defendant has a defense if
25he or she proves by a preponderance of the evidence that the death would have

1occurred even if he or she had been exercising due care and he or she had not been
2under the influence of an intoxicant, did not have a detectable amount of a restricted
3controlled substance in his or her blood, did not have a tetrahydrocannabinols
4concentration of 5.0 or greater,
or did not have an alcohol concentration described
5under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).
AB810,134 6Section 134. 940.09 (2) (b) of the statutes is amended to read:
AB810,55,167 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
8is based on the defendant allegedly having a detectable amount of
9methamphetamine or gamma-hydroxybutyric acid or
10delta-9-tetrahydrocannabinol
in his or her blood or in any action under sub. (1) (bg)
11or (dg) or (1g) (bg) or (dg) that is that is based on the defendant allegedly having a
12tetrahydrocannabinols concentration that is 5.0 or greater
, the defendant has a
13defense if he or she proves by a preponderance of the evidence that at the time of the
14incident or occurrence he or she had a valid prescription for methamphetamine or
15one of its metabolic precursors or gamma-hydroxybutyric acid or
16delta-9-tetrahydrocannabinol.
AB810,135 17Section 135. 940.25 (1) (bg) of the statutes is created to read:
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