AB224: Bill Text

AB224,103 Section 103. 343.32 (2) (bj) of the statutes is amended to read:

AB224,60,10 343.32 (2) (bj) The scale adopted by the secretary shall assess, for each conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a violation of s. 346.63 (2m) or (2p), and 3 demerit points for a violation of s. 346.63 (7) (a) 3. The scale adopted by the secretary shall not assess any demerit points for conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.

AB224,104 Section 104. 344.576 (2) (b) of the statutes is amended to read:

AB224,60,15 344.576 (2) (b) The damage occurs while the renter or authorized driver operates the private passenger vehicle in this state while under the influence of an intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or (2p).

AB224,105 Section 105. 346.63 (1) (b) of the statutes is amended to read:

AB224,60,18 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols concentration.

AB224,106 Section 106. 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and amended to read:

AB224,61,2 346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or.

AB224,61,7 2. In an action under par. (b) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.60 (6).

AB224,107 Section 107. 346.63 (2) (a) 2. of the statutes is amended to read:

AB224,61,10 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols concentration.

AB224,108 Section 108. 346.63 (2) (b) 1. of the statutes is amended to read:

AB224,61,21 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance, a controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, did not have a prohibited alcohol or tetrahydrocannabinols concentration described under par. (a) 2., or did not have a detectable amount of a restricted controlled substance in his or her blood.

AB224,109 Section 109. 346.63 (2) (b) 2. of the statutes is amended to read:

AB224,62,4 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or.

AB224,62,9 3. In an action under par. (a) 2. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.60 (6).

AB224,110 Section 110. 346.63 (2p) of the statutes is created to read:

AB224,62,18 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70 (2), the person may not drive or operate a motor vehicle while he or she has an tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).

AB224,111 Section 111. 346.65 (2m) (a) of the statutes is amended to read:

AB224,63,3 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63 (1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall review the record and consider the aggravating and mitigating factors in the matter. If the amount of alcohol in the person's blood or urine or the amount of a restricted controlled substance or tetrahydrocannabinols in the person's blood is known, the court shall consider that amount as a factor in sentencing. The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under SCR 70.34, for the consideration of aggravating and mitigating factors.

AB224,112 Section 112. 346.65 (2q) of the statutes is amended to read:

AB224,63,8 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under 346.63 (2m) or (2p), the person shall be fined $400.

AB224,113 Section 113. 349.02 (2) (b) 4. of the statutes is amended to read:

AB224,63,11 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

AB224,114 Section 114. 349.03 (2m) of the statutes is amended to read:

AB224,63,14 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).

AB224,115 Section 115. 349.06 (1m) of the statutes is amended to read:

AB224,63,17 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).

AB224,116 Section 116. 350.01 (10v) (a) of the statutes is amended to read:

AB224,63,20 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB224,117 Section 117. 350.01 (10v) (e) of the statutes is repealed.

AB224,118 Section 118. 350.01 (21g) of the statutes is created to read:

AB224,63,24 350.01 (21g) "Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

AB224,119 Section 119. 350.101 (1) (bg) of the statutes is created to read:

AB224,64,3 350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or above specified levels. No person may engage in the operation of a snowmobile while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB224,120 Section 120. 350.101 (1) (cg) of the statutes is created to read:

AB224,64,8 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or above specified levels. If a person has not attained the age of 21, the person may not engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0.

AB224,121 Section 121. 350.101 (1) (d) of the statutes is amended to read:

AB224,64,18 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a fact for conviction which the others do not require.

AB224,122 Section 122. 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and amended to read:

AB224,65,2 350.101 (1) (e) 1. In an action under par. (bm) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or.

AB224,65,8 2. In an action under par. (bg) or (cg) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.60 (6).

AB224,123 Section 123. 350.101 (2) (bg) of the statutes is created to read:

AB224,65,12 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at or above specified levels. No person who has a tetrahydrocannabinols concentration of 5.0 or more may cause injury to another person by the operation of a snowmobile.

AB224,124 Section 124. 350.101 (2) (c) of the statutes is amended to read:

AB224,65,23 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), (bg), or (bm) in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a fact for conviction which the others do not require.

AB224,125 Section 125. 350.101 (2) (d) 1. of the statutes is amended to read:

AB224,66,6 350.101 (2) (d) 1. In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.08 or more or a tetrahydrocannabinols concentration of 5.0 or more or a detectable amount of a restricted controlled substance in his or her blood.

AB224,126 Section 126. 350.101 (2) (d) 2. of the statutes is amended to read:

AB224,66,14 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or.

AB224,66,19 3. In an action under par. (bg) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.60 (6).

AB224,127 Section 127. 350.104 (4) of the statutes is amended to read:

AB224,67,5 350.104 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2) or (3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated snowmobiling law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol or tetrahydrocannabinols concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB224,128 Section 128. 350.11 (3) (d) of the statutes is amended to read:

AB224,67,16 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols; assessment. In addition to any other penalty or order, a person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB224,129 Section 129. 767.41 (5) (am) (intro.) of the statutes is amended to read:

AB224,67,23 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and, (c), and (d), the court shall consider the following factors in making its determination:

AB224,130 Section 130. 767.41 (5) (d) of the statutes is created to read:

AB224,68,7 767.41 (5) (d) The court may not consider as a factor in determining the legal custody of a child whether a parent or potential custodian holds or has applied for a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject of a written certification, as defined in s. 50.60 (10), or is or has been a qualifying patient, as defined in s. 50.60 (6), or a primary caregiver, as defined in s. 50.60 (5), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

AB224,131 Section 131. 767.451 (5m) (a) (intro.) of the statutes is amended to read:

AB224,68,12 767.451 (5m) (a) (intro.) Subject to pars. (b) and, (c), and (d) in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.

AB224,132 Section 132. 767.451 (5m) (d) of the statutes is created to read:

AB224,68,21 767.451 (5m) (d) In an action to modify a legal custody order, the court may not consider as a factor in making a determination whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject of a written certification, as defined in s. 50.60 (10), or is or has been a qualifying patient, as defined in s. 50.60 (6), or a primary caregiver, as defined in s. 50.60 (5), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

AB224,133 Section 133. 885.235 (1) (d) 1. of the statutes is amended to read:

AB224,68,24 885.235 (1) (d) 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB224,134 Section 134. 885.235 (1) (d) 5. of the statutes is repealed.

AB224,135 Section 135. 885.235 (1) (e) of the statutes is created to read:

AB224,69,3 885.235 (1) (e) "Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

AB224,136 Section 136. 885.235 (1g) (intro.) of the statutes is amended to read:

AB224,69,18 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove that a person was under the influence of an intoxicant or had a prohibited alcohol or tetrahydrocannabinols concentration or a specified alcohol concentration while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle or utility terrain vehicle or while handling a firearm, evidence of the amount of alcohol or tetrahydrocannabinols in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she was under the influence of an intoxicant or had a prohibited alcohol or tetrahydrocannabinols concentration or a specified alcohol concentration if the sample was taken within 3 hours after the event to be proved. The chemical analysis shall be given effect as follows without requiring any expert testimony as to its effect:

AB224,137 Section 137. 885.235 (1g) (ag) of the statutes is created to read:

AB224,69,25 885.235 (1g) (ag) The fact that the analysis shows that the person had an tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant evidence on the issue of being under the combined influence of tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance analog, or any other drug, but, except as provided in sub. (1L), is not to be given any prima facie effect.

AB224,138 Section 138. 885.235 (1g) (cg) of the statutes is created to read:

AB224,70,4 885.235 (1g) (cg) The fact that the analysis shows that the person had an tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he or she had an tetrahydrocannabinols concentration of 5.0 or more.

AB224,139 Section 139. 885.235 (1L) of the statutes is created to read:

AB224,70,16 885.235 (1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine, is admissible on the issue of whether he or she had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0 is prima facie evidence that the person had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).

AB224,140 Section 140. 885.235 (1m) of the statutes is amended to read:

AB224,71,4 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.08 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

AB224,141 Section 141. 885.235 (4) of the statutes is amended to read:

AB224,71,16 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or for determining whether a person had a detectable amount of a restricted controlled substance in his or her blood shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a detectable amount of a restricted controlled substance in his or her blood, had a specified alcohol or tetrahydrocannabinols concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m) or 350.101 (1) (c), or had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).

AB224,142 Section 142. 895.047 (3) (a) of the statutes is amended to read:

AB224,71,24 895.047 (3) (a) If the defendant proves by clear and convincing evidence that at the time of the injury the claimant was under the influence of any controlled substance or controlled substance analog to the extent prohibited under s. 346.63 (1) (a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or a tetrahydrocannabinols concentration, as defined in s. 233.33 (1) (k), of 5.0 or more, there shall be a rebuttable presumption that the claimant's intoxication or drug use was the cause of his or her injury.

AB224,143 Section 143. 905.04 (4) (f) of the statutes is amended to read:

AB224,72,4 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results of or circumstances surrounding any chemical tests for intoxication or for alcohol concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k).

AB224,144 Section 144. 939.22 (33) (a) of the statutes is amended to read:

AB224,72,7 939.22 (33) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB224,145 Section 145. 939.22 (33) (e) of the statutes is repealed.

AB224,146 Section 146. 939.22 (39g) of the statutes is created to read:

AB224,72,11 939.22 (39g) "Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).