AB56: Bill Text

AB56,2228 Section 2228 . 961.555 (2r) of the statutes is created to read:

AB56,1081,22 961.555 (2r) Medical use defense. (a) In an action to forfeit property seized under s. 961.55, the person who was in possession of the property when it was seized has a defense to the forfeiture of the property if any of the following applies:

AB56,1081,25 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB56,1082,4 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB56,1082,9 (b) The owner of property seized under s. 961.55 who is raising a defense under par. (a) shall do so in the answer to the complaint that he or she serves under sub. (2) (b). If a property owner raises such a defense in his or her answer, the state must, as part of the burden of proof specified in sub. (3), prove that the facts constituting the defense do not exist.

AB56,2229 Section 2229 . 961.56 (1) of the statutes is amended to read:

AB56,1082,16 961.56 (1) It Except as provided in s. 961.555 (2r) (b) and except for any presumption arising under s. 961.436 (4) or 961.5755 (3), it is not necessary for the state to negate any exemption or exception in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under this chapter. The, and the burden of proof of any exemption or exception is upon the person claiming it.

AB56,2230 Section 2230 . 961.573 (2) of the statutes is amended to read:

AB56,1082,19 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB56,2231 Section 2231 . 961.574 (2) of the statutes is amended to read:

AB56,1082,22 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB56,2232 Section 2232 . 961.575 (1) of the statutes is amended to read:

AB56,1083,2 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB56,2233 Section 2233 . 961.575 (2) of the statutes is amended to read:

AB56,1083,5 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

AB56,2234 Section 2234 . 961.575 (3) of the statutes is amended to read:

AB56,1083,9 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

AB56,2235 Section 2235. 961.5755 of the statutes is created to read:

AB56,1083,15 961.5755 Medical tetrahydrocannabinols defense in drug paraphernalia cases. (1) (a) Except as provided in par. (b), a member of a treatment team has a defense to prosecution under s. 961.573 (1) if he or she uses, or possesses with the primary intent to use, drug paraphernalia for medication with tetrahydrocannabinols.

AB56,1083,17 (b) This subsection does not apply if while the person uses, or possesses with the primary intent to use, drug paraphernalia s. 961.436 (3) (b) 1., 2., or 3. applies.

AB56,1083,22 (2) A member of a treatment team has a defense to prosecution under s. 961.574 (1) or 961.575 (1) if he or she delivers, possesses with intent to deliver, or manufactures with intent to deliver to another member of his or her treatment team drug paraphernalia, knowing that it will be primarily used by the treatment team for medication with tetrahydrocannabinols.

AB56,1084,4 (3) For the purposes of a defense raised under sub. (1) (a) or (2), a valid registry identification card, a valid out-of-state registry identification card, or a written certification is presumptive evidence that the person identified on the valid registry identification card or valid out-of-state registry identification card as a qualifying patient or the subject of the written certification is a qualifying patient and that, if the person uses tetrahydrocannabinols, he or she does so to alleviate the symptoms or effects of his or her debilitating medical condition or treatment.

AB56,2236 Section 2236. 968.072 of the statutes is created to read:

AB56,1084,7 968.072 Medical cannabis; arrest and prosecution. (1) Definitions. In this section:

AB56,1084,8 (a) “Lockable, enclosed facility" has the meaning given in s. 961.01 (12v).

AB56,1084,9 (am) “Maximum authorized amount" has the meaning given in s. 961.01 (14c).

AB56,1084,11 (b) “Medication with tetrahydrocannabinols" has the meaning given in s. 961.01 (14g).

AB56,1084,13 (bm) “Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

AB56,1084,14 (c) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).

AB56,1084,15 (d) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).

AB56,1084,16 (e) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

AB56,1084,17 (f) “Treatment team" has the meaning given in s. 961.01 (20t).

AB56,1084,18 (g) “Written certification" has the meaning given in s. 146.44 (1) (h).

AB56,1084,22 (2) Limitations on arrests and prosecution; medical cannabis. Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a qualifying patient's treatment team may not be arrested or prosecuted for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e) if all of the following apply:

AB56,1084,25 (a) The member manufactures, distributes, delivers, or possesses tetrahydrocannabinols for medication with tetrahydrocannabinols by the treatment team.

AB56,1085,3 (b) The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

AB56,1085,4 (c) The quantity of cannabis does not exceed the maximum authorized amount.

AB56,1085,6 (d) Any live cannabis plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

AB56,1085,8 (e) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

AB56,1085,12 (3) Limitations on arrests and prosecution; drug paraphernalia for medical cannabis. (a) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team may not be arrested or prosecuted for a violation of s. 961.573 (1) if all of the following apply:

AB56,1085,14 1. The member uses, or possesses with the primary intent to use, drug paraphernalia only for medication with tetrahydrocannabinols.

AB56,1085,17 2. The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

AB56,1085,19 3. The member does not possess more than the maximum authorized amount of cannabis.

AB56,1085,21 4. Any live cannabis plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

AB56,1085,23 5. If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

AB56,1086,3 (b) Unless s. 961.436 (3) (b) 1., 2., or 3. applies, a member of a treatment team may not be arrested or prosecuted for a violation of s. 961.574 (1) or 961.575 (1) if all of the following apply:

AB56,1086,7 1. The member delivers, possesses with intent to deliver, or manufactures with intent to deliver to another member of his or her treatment team drug paraphernalia, knowing that it will be primarily used by the treatment team for medication with tetrahydrocannabinols.

AB56,1086,10 2. The member possesses a valid registry identification card, a valid out-of-state registry identification card, or a copy of the qualifying patient's written certification.

AB56,1086,12 3. The member does not possess more than the maximum authorized amount of cannabis.

AB56,1086,14 4. Any live cannabis plants are in a lockable, enclosed facility unless the member is accessing the plants or has the plants in his or her possession.

AB56,1086,16 5. If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

AB56,1086,20 (4) Limitations on arrests, prosecution, and other sanctions. (a) A practitioner may not be arrested and a practitioner, hospital, or clinic may not be subject to prosecution, denied any right or privilege, or penalized in any manner for making or providing a written certification in good faith.

AB56,1086,25 (b) An employee of a dispensary licensed under s. 94.57, of an entity operating under the policies determined under s. 94.57 (2) and rules promulgated under s. 94.57 (9), or of a testing laboratory registered under s. 94.57 (7) may not be arrested and such employee may not be subject to prosecution, denied any right or privilege, or penalized in any manner for any good faith action under s. 94.57.

AB56,1087,4 (5) Penalty for false statements. Whoever intentionally provides false information to a law enforcement officer in an attempt to avoid arrest or prosecution under this section for a violation of s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) may be fined not more than $500.

AB56,2237 Section 2237. 968.12 (6) of the statutes is created to read:

AB56,1087,12 968.12 (6) Medical cannabis. A person's possession, use, or submission of or connection with an application for a registry identification card under s. 146.44 (2), the issuance of such a card under s. 146.44 (4), or a person's possession of such a card, a valid out-of-state registry identification card, as defined in s. 146.44 (1) (cm), or an original or a copy of a written certification, as defined in s. 146.44 (1) (h), may not, by itself, constitute probable cause under sub. (1) or otherwise subject any person or the property of any person to inspection by any governmental agency.

AB56,2238 Section 2238. 968.19 of the statutes is renumbered 968.19 (1) and amended to read:

AB56,1087,18 968.19 (1) Property Except as provided in sub. (2), property seized under a search warrant or validly seized without a warrant shall be safely kept by the officer, who may leave it in the custody of the sheriff and take a receipt therefor, so long as necessary for the purpose of being produced as evidence on any trial.

AB56,2239 Section 2239. 968.19 (2) of the statutes is created to read:

AB56,1087,21 968.19 (2) A law enforcement agency that has seized a live cannabis plant is not responsible for the plant's care and maintenance.

AB56,2240 Section 2240 . 968.20 (1g) (intro.) of the statutes is amended to read:

AB56,1088,7 968.20 (1g) (intro.) The court shall order such notice as it deems adequate to be given the district attorney and, unless notice was provided under s. 968.26 (7), to all persons who have or may have an interest in the property. The court shall hold a hearing to hear all claims to its true ownership. Except for a hearing commenced by the court, the hearing shall occur no more than 30 days after a motion is filed except that either party may, by agreement or for good cause, move the court for one extension of no more than 10 days. Any motion may be supported by affidavits or other submissions. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.21 (4) or 968.205, returned if the court finds any of the following:

AB56,2241 Section 2241 . 968.20 (1j) of the statutes is created to read:

AB56,1088,9 968.20 (1j) (a) In this subsection:

AB56,1088,10 1. “Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).

AB56,1088,11 2. “Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).

AB56,1088,13 (b) Except as provided in par. (c), sub. (1g) does not apply to contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205.

AB56,1088,16 (c) Under sub. (1g), the court may return drug paraphernalia or tetrahydrocannabinols that have been seized to the person from whom they were seized if any of the following applies:

AB56,1088,19 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB56,1088,23 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB56,2242 Section 2242 . 973.016 of the statutes is created to read:

AB56,1089,4 973.016 Special disposition for marijuana-related crimes. (1) Dismissal of conviction for persons serving a sentence or probation. (a) A person serving a sentence or on probation may request dismissal as provided under par. (b) if one of the following applies:

AB56,1089,8 1. The sentence or probation period was imposed for a conviction under s. 961.41 (1) (h), 2017 stats., or s. 961.41 (1m) (h), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less, or 2 or fewer plants.

AB56,1089,11 2. The sentence or probation period was imposed for a conviction under s. 961.41 (3g) (e), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less.

AB56,1089,18 (b) A person to whom par. (a) applies shall file a petition with the sentencing court to request dismissal of the conviction. If the court receiving a petition under this paragraph determines that par. (a) applies, the court may grant the petition without a hearing or may schedule a hearing to consider the petition. If a hearing is scheduled, unless the person cannot prove the amount of marijuana involved was 25 grams or less or the court determines that the dismissal of the conviction presents an unreasonable risk of danger to public safety, the court shall grant the petition.

AB56,1089,22 (2) Expunging an offense for persons who completed a sentence or probation. (a) A person who has completed his or her sentence or period of probation may request under par. (b) expungement of the conviction if one of the following applies:

AB56,1090,2 1. The sentence or probation period was imposed for a conviction under s. 961.41 (1) (h), 2017 stats., or s. 961.41 (1m) (h), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less, or 2 or fewer plants.

AB56,1090,5 2. The sentence or probation period was imposed for a conviction under s. 961.41 (3g) (e), 2017 stats., and the person proves to the court by a preponderance of the evidence that the amount of marijuana involved was 25 grams or less.

AB56,1090,13 (b) A person to whom par. (a) applies shall file a petition with the sentencing court to request expungement of the conviction. If the court receiving a petition under this paragraph determines that par. (a) applies, the court may grant the petition without a hearing or may schedule a hearing to consider the petition. If a hearing is scheduled, unless the person cannot prove the amount of marijuana involved was 25 grams or less or the court determines that expungement of the conviction presents an unreasonable risk of danger to public safety, the court shall grant the petition.

AB56,1090,16 (3) Crimes dismissed or expunged under this section. A conviction that has been expunged or dismissed under this section is not considered a conviction for any purpose under state or federal law, including for purposes of s. 941.29 or 18 USC 921.

AB56,2243 Section 2243 . 973.20 (1r) of the statutes is amended to read:

AB56,1091,14 973.20 (1r) When imposing sentence or ordering probation for any crime, other than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. When imposing sentence or ordering probation for a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) for which the defendant was convicted or that was considered at sentencing, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime or, if the victim is deceased, to his or her estate, unless the court finds that imposing full or partial restitution will create an undue hardship on the defendant or victim and describes the undue hardship on the record. Restitution ordered under this section is a condition of probation, extended supervision, or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision, or parole, or if the defendant is not placed on probation, extended supervision, or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785, and the department or clerk of court may certify the restitution to the department of revenue in accordance with s. 71.93.

AB56,2244 Section 2244. 977.08 (4m) (c) of the statutes is amended to read:

AB56,1091,22 977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after July 29, 1995, and before January 1, 2020, private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB56,2245 Section 2245. 977.08 (4m) (d) of the statutes is created to read:

AB56,1092,5 977.08 (4m) (d) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after January 1, 2020, private local attorneys shall be paid $70 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

AB56,2246 Section 2246. 977.08 (4s) of the statutes is created to read:

AB56,1092,11 977.08 (4s) The rates established under sub. (4m) (d) shall be adjusted biennially by a percentage equal to the average of the consumer price index over the preceding 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor, except that the percentage under this subsection may not be less than zero.