AB224,111
19Section
111. 346.65 (2m) (a) of the statutes is amended to read:
AB224,63,320
346.65
(2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
21(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
22review the record and consider the aggravating and mitigating factors in the matter.
23If the amount of alcohol in the person's blood or urine or the amount of a restricted
24controlled substance
or tetrahydrocannabinols in the person's blood is known, the
25court shall consider that amount as a factor in sentencing. The chief judge of each
1judicial administrative district shall adopt guidelines, under the chief judge's
2authority to adopt local rules under SCR 70.34, for the consideration of aggravating
3and mitigating factors.
AB224,112
4Section
112. 346.65 (2q) of the statutes is amended to read:
AB224,63,85
346.65
(2q) Any person violating s. 346.63 (2m)
or (2p) shall forfeit $200. If
6there was a minor passenger under 16 years of age in the motor vehicle at the time
7of the violation that gave rise to the conviction under 346.63 (2m)
or (2p), the person
8shall be fined $400.
AB224,113
9Section
113. 349.02 (2) (b) 4. of the statutes is amended to read:
AB224,63,1110
349.02
(2) (b) 4. Local ordinances enacted under s. 59.54 (25)
(a) or (25m) or
1166.0107 (1) (bm).
AB224,114
12Section
114. 349.03 (2m) of the statutes is amended to read:
AB224,63,1413
349.03
(2m) Notwithstanding sub. (2), a municipal court may suspend a license
14for a violation of a local ordinance in conformity with s. 346.63 (1)
or, (2m)
, or (2p).
AB224,115
15Section
115. 349.06 (1m) of the statutes is amended to read:
AB224,63,1716
349.06
(1m) Notwithstanding sub. (1), a municipal court may suspend a license
17for a violation of a local ordinance in conformity with s. 346.63 (1)
or, (2m)
, or (2p).
AB224,116
18Section
116. 350.01 (10v) (a) of the statutes is amended to read:
AB224,63,2019
350.01
(10v) (a) A controlled substance included in schedule I under ch. 961
20other than a tetrahydrocannabinol.
AB224,117
21Section
117. 350.01 (10v) (e) of the statutes is repealed.
AB224,118
22Section
118. 350.01 (21g) of the statutes is created to read:
AB224,63,2423
350.01
(21g) "Tetrahydrocannabinols concentration" has the meaning given in
24s. 23.33 (1) (k).
AB224,119
25Section
119. 350.101 (1) (bg) of the statutes is created to read:
AB224,64,3
1350.101
(1) (bg)
Operating with tetrahydrocannabinols concentration at or
2above specified levels. No person may engage in the operation of a snowmobile while
3the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB224,120
4Section
120. 350.101 (1) (cg) of the statutes is created to read:
AB224,64,85
350.101
(1) (cg)
Operating with tetrahydrocannabinols concentration at or
6above specified levels. If a person has not attained the age of 21, the person may not
7engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols
8concentration of more than 0.0 but not more than 5.0.
AB224,121
9Section
121. 350.101 (1) (d) of the statutes is amended to read:
AB224,64,1810
350.101
(1) (d)
Related charges. A person may be charged with and a prosecutor
11may proceed upon a complaint based upon a violation of any combination of par. (a),
12(b),
(bg), or (bm) for acts arising out of the same incident or occurrence. If the person
13is charged with violating any combination of par. (a), (b),
(bg), or (bm), the offenses
14shall be joined. If the person is found guilty of any combination of par. (a), (b),
(bg), 15or (bm) for acts arising out of the same incident or occurrence, there shall be a single
16conviction for purposes of sentencing and for purposes of counting convictions under
17s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
(bg), and (bm) each require proof of a
18fact for conviction which the others do not require.
AB224,122
19Section
122. 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
20amended to read:
AB224,65,221
350.101
(1) (e) 1. In an action under par. (bm) that is based on the defendant
22allegedly having a detectable amount of methamphetamine
, or 23gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
24the defendant has a defense if he or she proves by a preponderance of the evidence
25that at the time of the incident or occurrence he or she had a valid prescription for
1methamphetamine or one of its metabolic precursors
, or gamma-hydroxybutyric
2acid
, or.
AB224,65,8
32. In an action under par. (bg) or (cg) that is based on the defendant allegedly
4having a prohibited tetrahydrocannabinols concentration, the defendant has a
5defense if he or she proves by a preponderance of the evidence that at the time of the
6incident or occurrence he or she had a valid prescription for 7delta-9-tetrahydrocannabinol
or he or she was a qualifying patient, as defined in s.
850.60 (6).
AB224,123
9Section
123. 350.101 (2) (bg) of the statutes is created to read:
AB224,65,1210
350.101
(2) (bg)
Causing injury with tetrahydrocannabinols concentrations at
11or above specified levels. No person who has a tetrahydrocannabinols concentration
12of 5.0 or more may cause injury to another person by the operation of a snowmobile.
AB224,124
13Section
124. 350.101 (2) (c) of the statutes is amended to read:
AB224,65,2314
350.101
(2) (c)
Related charges. A person may be charged with and a prosecutor
15may proceed upon a complaint based upon a violation of any combination of par. (a),
16(b),
(bg), or (bm) for acts arising out of the same incident or occurrence. If the person
17is charged with violating any combination of par. (a), (b),
(bg), or (bm) in the
18complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
19of any combination of par. (a), (b),
(bg), or (bm) for acts arising out of the same incident
20or occurrence, there shall be a single conviction for purposes of sentencing and for
21purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
22(bg), and (bm) each require proof of a fact for conviction which the others do not
23require.
AB224,125
24Section
125. 350.101 (2) (d) 1. of the statutes is amended to read:
AB224,66,6
1350.101
(2) (d) 1. In an action under this subsection, the defendant has a
2defense if he or she proves by a preponderance of the evidence that the injury would
3have occurred even if he or she had been exercising due care and he or she had not
4been under the influence of an intoxicant or did not have an alcohol concentration
5of 0.08 or more
or a tetrahydrocannabinols concentration of 5.0 or more or a
6detectable amount of a restricted controlled substance in his or her blood.
AB224,126
7Section
126. 350.101 (2) (d) 2. of the statutes is amended to read:
AB224,66,148
350.101
(2) (d) 2. In an action under par. (bm) that is based on the defendant
9allegedly having a detectable amount of methamphetamine
, or 10gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
11the defendant has a defense if he or she proves by a preponderance of the evidence
12that at the time of the incident or occurrence he or she had a valid prescription for
13methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
14acid
, or.
AB224,66,19
153. In an action under par. (bg) that is based on the defendant allegedly having
16a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
17or she proves by a preponderance of the evidence that at the time of the incident or
18occurrence he or she had a valid prescription for delta-9-tetrahydrocannabinol
or
19he or she was a qualifying patient, as defined in s. 50.60 (6).
AB224,127
20Section
127. 350.104 (4) of the statutes is amended to read:
AB224,67,521
350.104
(4) Admissibility; effect of test results; other evidence. The results
22of a chemical test required or administered under sub. (1), (2) or (3) are admissible
23in any civil or criminal action or proceeding arising out of the acts committed by a
24person alleged to have violated the intoxicated snowmobiling law on the issue of
25whether the person was under the influence of an intoxicant or the issue of whether
1the person had alcohol
or tetrahydrocannabinols concentrations at or above specified
2levels or a detectable amount of a restricted controlled substance in his or her blood.
3Results of these chemical tests shall be given the effect required under s. 885.235.
4This section does not limit the right of a law enforcement officer to obtain evidence
5by any other lawful means.
AB224,128
6Section
128. 350.11 (3) (d) of the statutes is amended to read:
AB224,67,167
350.11
(3) (d)
Alcohol, controlled substances or controlled substance analogs,
8or tetrahydrocannabinols; assessment. In addition to any other penalty or order, a
9person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or
10940.25 if the violation involves the operation of a snowmobile, shall be ordered by the
11court to submit to and comply with an assessment by an approved public treatment
12facility for an examination of the person's use of alcohol, controlled substances or
13controlled substance analogs
, or tetrahydrocannabinols. The assessment order shall
14comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an
15assessment ordered under this paragraph constitutes contempt of court, punishable
16under ch. 785.
AB224,129
17Section
129. 767.41 (5) (am) (intro.) of the statutes is amended to read:
AB224,67,2318
767.41
(5) (am) (intro.) Subject to pars. (bm)
and, (c),
and (d), in determining
19legal custody and periods of physical placement, the court shall consider all facts
20relevant to the best interest of the child. The court may not prefer one parent or
21potential custodian over the other on the basis of the sex or race of the parent or
22potential custodian. Subject to pars. (bm)
and, (c),
and (d), the court shall consider
23the following factors in making its determination:
AB224,130
24Section
130. 767.41 (5) (d) of the statutes is created to read:
AB224,68,7
1767.41
(5) (d) The court may not consider as a factor in determining the legal
2custody of a child whether a parent or potential custodian holds or has applied for
3a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject
4of a written certification, as defined in s. 50.60 (10), or is or has been a qualifying
5patient, as defined in s. 50.60 (6), or a primary caregiver, as defined in s. 50.60 (5),
6unless the parent or potential custodian's behavior creates an unreasonable danger
7to the child that can be clearly articulated and substantiated.
AB224,131
8Section
131. 767.451 (5m) (a) (intro.) of the statutes is amended to read:
AB224,68,129
767.451
(5m) (a) (intro.) Subject to pars. (b)
and, (c),
and (d) in all actions to
10modify legal custody or physical placement orders, the court shall consider the
11factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its
12determination in a manner consistent with s. 767.41.
AB224,132
13Section
132. 767.451 (5m) (d) of the statutes is created to read:
AB224,68,2114
767.451
(5m) (d) In an action to modify a legal custody order, the court may not
15consider as a factor in making a determination whether a parent or potential
16custodian holds, or has applied for, a registry identification card, as defined in s.
17146.44 (1) (h), is or has been the subject of a written certification, as defined in s.
1850.60 (10), or is or has been a qualifying patient, as defined in s. 50.60 (6), or a
19primary caregiver, as defined in s. 50.60 (5), unless the parent or potential
20custodian's behavior creates an unreasonable danger to the child that can be clearly
21articulated and substantiated.
AB224,133
22Section
133. 885.235 (1) (d) 1. of the statutes is amended to read:
AB224,68,2423
885.235
(1) (d) 1. A controlled substance included in schedule I under ch. 961
24other than a tetrahydrocannabinol.
AB224,134
25Section
134. 885.235 (1) (d) 5. of the statutes is repealed.
AB224,135
1Section
135. 885.235 (1) (e) of the statutes is created to read:
AB224,69,32
885.235
(1) (e) "Tetrahydrocannabinols concentration" has the meaning given
3in s. 23.33 (1) (k).
AB224,136
4Section
136. 885.235 (1g) (intro.) of the statutes is amended to read:
AB224,69,185
885.235
(1g) (intro.) In any action or proceeding in which it is material to prove
6that a person was under the influence of an intoxicant or had a prohibited alcohol
or
7tetrahydrocannabinols concentration or a specified alcohol concentration while
8operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
9on duty time, while operating a motorboat, except a sailboat operating under sail
10alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
11terrain vehicle or while handling a firearm, evidence of the amount of alcohol
or
12tetrahydrocannabinols in the person's blood at the time in question, as shown by
13chemical analysis of a sample of the person's blood or urine or evidence of the amount
14of alcohol in the person's breath, is admissible on the issue of whether he or she was
15under the influence of an intoxicant or had a prohibited alcohol
or
16tetrahydrocannabinols concentration or a specified alcohol concentration if the
17sample was taken within 3 hours after the event to be proved. The chemical analysis
18shall be given effect as follows without requiring any expert testimony as to its effect:
AB224,137
19Section
137. 885.235 (1g) (ag) of the statutes is created to read:
AB224,69,2520
885.235
(1g) (ag) The fact that the analysis shows that the person had an
21tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant
22evidence on the issue of being under the combined influence of
23tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance
24analog, or any other drug, but, except as provided in sub. (1L), is not to be given any
25prima facie effect.
AB224,138
1Section
138. 885.235 (1g) (cg) of the statutes is created to read:
AB224,70,42
885.235
(1g) (cg) The fact that the analysis shows that the person had an
3tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he
4or she had an tetrahydrocannabinols concentration of 5.0 or more.
AB224,139
5Section
139. 885.235 (1L) of the statutes is created to read:
AB224,70,166
885.235
(1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63
7(2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the
8person's blood at the time in question, as shown by chemical analysis of a sample of
9the person's blood or urine, is admissible on the issue of whether he or she had a
10tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1130.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3
12hours after the event to be proved. The fact that the analysis shows that the person
13had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0
14is prima facie evidence that the person had a tetrahydrocannabinols concentration
15in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101
16(1) (cg).
AB224,140
17Section
140. 885.235 (1m) of the statutes is amended to read:
AB224,71,418
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn)
1., 346.63
19(2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood
20at the time in question, as shown by chemical analysis of a sample of the person's
21blood or urine or evidence of the amount of alcohol in the person's breath, is
22admissible on the issue of whether he or she had an alcohol concentration in the
23range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m), or 350.101 (1)
24(c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken
25within 3 hours after the event to be proved. The fact that the analysis shows that
1the person had an alcohol concentration of more than 0.0 but not more than 0.08 is
2prima facie evidence that the person had an alcohol concentration in the range
3specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m), or 350.101 (1) (c) or an
4alcohol concentration above 0.0 under s. 346.63 (7).
AB224,141
5Section
141. 885.235 (4) of the statutes is amended to read:
AB224,71,166
885.235
(4) The provisions of this section relating to the admissibility of
7chemical tests for alcohol
or tetrahydrocannabinols concentration or intoxication or
8for determining whether a person had a detectable amount of a restricted controlled
9substance in his or her blood shall not be construed as limiting the introduction of
10any other competent evidence bearing on the question of whether or not a person was
11under the influence of an intoxicant, had a detectable amount of a restricted
12controlled substance in his or her blood, had a specified alcohol
or
13tetrahydrocannabinols concentration,
or had an alcohol concentration in the range
14specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m) or 350.101 (1) (c)
, or had
15a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1630.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).
AB224,142
17Section
142. 895.047 (3) (a) of the statutes is amended to read:
AB224,71,2418
895.047
(3) (a) If the defendant proves by clear and convincing evidence that
19at the time of the injury the claimant was under the influence of any controlled
20substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
21(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more
or
22a tetrahydrocannabinols concentration, as defined in s. 233.33 (1) (k), of 5.0 or more,
23there shall be a rebuttable presumption that the claimant's intoxication or drug use
24was the cause of his or her injury.
AB224,143
25Section
143. 905.04 (4) (f) of the statutes is amended to read:
AB224,72,4
1905.04
(4) (f)
Tests for intoxication. There is no privilege concerning the results
2of or circumstances surrounding any chemical tests for intoxication or
for alcohol
3concentration, as defined in s. 340.01 (1v)
, or tetrahydrocannabinols concentration,
4as defined in s. 23.33 (1) (k).
AB224,144
5Section
144. 939.22 (33) (a) of the statutes is amended to read:
AB224,72,76
939.22
(33) (a) A controlled substance included in schedule I under ch. 961
7other than a tetrahydrocannabinol.
AB224,145
8Section
145. 939.22 (33) (e) of the statutes is repealed.
AB224,146
9Section
146. 939.22 (39g) of the statutes is created to read:
AB224,72,1110
939.22
(39g) "Tetrahydrocannabinols concentration" has the meaning given in
11s. 23.33 (1) (k).
AB224,147
12Section
147. 940.09 (1) (bg) of the statutes is created to read:
AB224,72,1413
940.09
(1) (bg) Causes the death of another by the operation or handling of a
14vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB224,148
15Section
148. 940.09 (1) (dg) of the statutes is created to read:
AB224,72,1816
940.09
(1) (dg) Causes the death of an unborn child by the operation or
17handling of a vehicle while the person has a tetrahydrocannabinols concentration of
185.0 or more.
AB224,149
19Section
149. 940.09 (1g) (bg) of the statutes is created to read:
AB224,72,2220
940.09
(1g) (bg) Causes the death of another by the operation or handling of
21a firearm or airgun while the person has a tetrahydrocannabinols concentration of
225.0 or more.
AB224,150
23Section
150. 940.09 (1g) (dg) of the statutes is created to read:
AB224,73,3
1940.09
(1g) (dg) Causes the death of an unborn child by the operation or
2handling of a firearm or airgun while the person has a tetrahydrocannabinols
3concentration of 5.0 or more.
AB224,151
4Section
151. 940.09 (1m) (a) of the statutes is amended to read:
AB224,73,105
940.09
(1m) (a) A person may be charged with and a prosecutor may proceed
6upon an information based upon a violation of any combination of sub. (1) (a), (am),
7or (b)
, or (bg); any combination of sub. (1) (a), (am),
(bg), or (bm); any combination of
8sub. (1) (c), (cm),
or (d)
, or (dg); any combination of sub. (1) (c), (cm),
(dg), or (e); any
9combination of sub. (1g) (a), (am),
or (b)
, or (bg) or; any combination of sub. (1g) (c),
10(cm),
or (d)
, or (dg) for acts arising out of the same incident or occurrence.
AB224,152
11Section
152. 940.09 (1m) (b) of the statutes is amended to read:
AB224,73,2112
940.09
(1m) (b) If a person is charged in an information with any of the
13combinations of crimes referred to in par. (a), the crimes shall be joined under s.
14971.12. If the person is found guilty of more than one of the crimes so charged for
15acts arising out of the same incident or occurrence, there shall be a single conviction
16for purposes of sentencing and for purposes of counting convictions under s. 23.33
17(13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11
18(3) (a) 2. and 3. Subsection (1) (a), (am), (b),
(bg), (bm), (c), (cm), (d),
(dg), and (e) each
19require proof of a fact for conviction which the others do not require, and sub. (1g)
20(a), (am), (b),
(bg), (c), (cm),
and (d)
, and (dg) each require proof of a fact for conviction
21which the others do not require.
AB224,153
22Section
153. 940.09 (2) (a) of the statutes is amended to read:
AB224,74,423
940.09
(2) (a) In any action under this section, the defendant has a defense if
24he or she proves by a preponderance of the evidence that the death would have
25occurred even if he or she had been exercising due care and he or she had not been
1under the influence of an intoxicant, did not have a detectable amount of a restricted
2controlled substance in his or her blood,
did not have a tetrahydrocannabinols
3concentration of 5.0 or greater, or did not have an alcohol concentration described
4under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).
AB224,154
5Section
154. 940.09 (2) (b) of the statutes is amended to read:
AB224,74,126
940.09
(2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that
7is based on the defendant allegedly having a detectable amount of
8methamphetamine or gamma-hydroxybutyric acid
or
9delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
10or she proves by a preponderance of the evidence that at the time of the incident or
11occurrence he or she had a valid prescription for methamphetamine or one of its
12metabolic precursors or gamma-hydroxybutyric acid
or.
AB224,74,18
13(c) In an action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is based on
14the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or
15greater, the defendant has a defense if he or she proves by a preponderance of the
16evidence that at the time of the incident or occurrence he or she had a valid
17prescription for delta-9-tetrahydrocannabinol
or he or she was a qualifying patient,
18as defined in s. 50.60 (6).
AB224,155
19Section
155. 940.25 (1) (bg) of the statutes is created to read: