SB70: Bill Text

SB70,1723,23 961.575 (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).

SB70,3354 Section 3354 . 961.575 (3) of the statutes is amended to read:

SB70,1724,3 961.575 (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.

SB70,3355 Section 3355 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read:

SB70,1724,6 Chapter 961

SB70,1724,7 Subchapter VIII

SB70,1724,8 regulation of Marijuana

SB70,1724,9 961.70 Definitions. In this subchapter:

SB70,1724,10 (1) “Extreme measure to avoid detection” means any of the following:

SB70,1724,13 (a) A system that aims to alert a person if law enforcement approaches an area that contains marijuana plants if the system exceeds a security system that would be used by a reasonable person in the person's region.

SB70,1724,16 (b) A method of intimidating individuals who approach an area that contains marijuana plants if the method exceeds a method that would be used by a reasonable person in the person's region.

SB70,1724,18 (c) A system that is designed so that an individual approaching the area that contains marijuana plants may be injured or killed by the system.

SB70,1724,20 (1m) “Legal age" means 21 years of age, except that in the case of a qualifying patient, as defined in s. 73.17 (1) (d), “legal age" means 18 years of age.

SB70,1724,21 (3) “Permissible amount" means one of the following:

SB70,1724,23 (a) For a person who is a resident of Wisconsin, an amount that does not exceed 2 ounces of usable marijuana.

SB70,1724,25 (b) For a person who is not a resident of Wisconsin, an amount that does not exceed one-quarter ounce of usable marijuana.

SB70,1725,1 (4) “Permittee" has the meaning given under s. 139.97 (10).

SB70,1725,2 (5) “Retail outlet" has the meaning given in s. 139.97 (11).

SB70,1725,7 (6) “Tetrahydrocannabinols concentration" means the percent of tetrahydrocannabinol content per dry weight of any part of the plant Cannabis, or per volume or weight of marijuana product, or the combined percent of tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content.

SB70,1725,8 (7) “Underage person" means a person who has not attained the legal age.

SB70,1725,9 (8) “Usable marijuana" has the meaning given in s. 139.97 (13).

SB70,1725,11 961.71 Underage persons prohibitions; penalties. (1) (a) 1. No permittee may sell, distribute, or deliver marijuana to any underage person.

SB70,1725,13 2. No permittee may directly or indirectly permit an underage person to violate sub. (2m).

SB70,1725,16 (b) A permittee that violates par. (a) 1. or 2. may be subject to a forfeiture of not more than $500 and to a suspension of the permittee's permit for an amount of time not to exceed 30 days.

SB70,1725,22 (c) In determining whether a permittee has violated par. (a) 2., all relevant circumstances surrounding the presence of the underage person may be considered. In determining whether a permittee has violated par. (a) 1., all relevant circumstances surrounding the selling, distributing, or delivering of marijuana may be considered. In addition, proof of all of the following facts by the permittee is a defense to any prosecution for a violation under par. (a):

SB70,1725,24 1. That the underage person falsely represented that he or she had attained the legal age.

SB70,1726,2 2. That the appearance of the underage person was such that an ordinary and prudent person would believe that the underage person had attained the legal age.

SB70,1726,5 3. That the action was made in good faith and in reliance on the representation and appearance of the underage person in the belief that the underage person had attained the legal age.

SB70,1726,7 4. That the underage person supported the representation under subd. 1. with documentation that he or she had attained the legal age.

SB70,1726,9 (2) Any underage person who does any of the following is subject to a forfeiture of not less than $250 nor more than $500:

SB70,1726,10 (a) Procures or attempts to procure marijuana from a permittee.

SB70,1726,12 (b) Falsely represents his or her age for the purpose of receiving marijuana from a permittee.

SB70,1726,13 (c) Knowingly possesses or consumes marijuana.

SB70,1726,14 (d) Violates sub. (2m).

SB70,1726,17 (2m) An underage person not accompanied by his or her parent, guardian, or spouse who has attained the legal age may not enter, knowingly attempt to enter, or be on the premises of a retail outlet.

SB70,1726,19 (3) An individual who has attained the legal age and who knowingly does any of the following may be subject to a forfeiture that does not exceed $1,000:

SB70,1726,21 (a) Permits or fails to take action to prevent a violation of sub. (2) (c) on premises owned by the individual or under the individual's control.

SB70,1726,22 (b) Encourages or contributes to a violation of sub. (2) (a).

SB70,1727,2 961.72 Restrictions; penalties. (1) No person except a permittee may sell, or possess with the intent to sell, marijuana. No person may distribute or deliver, or possess with the intent to distribute or deliver, marijuana except a permittee. Any person who violates a prohibition under this subsection is guilty of the following:

SB70,1727,3 (a) Except as provided in par. (b), a Class I felony.

SB70,1727,7 (b) If the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered has not attained the legal age and the actual or intended seller, distributor, or deliverer is at least 3 years older than the individual to whom the marijuana is, or is intended to be, sold, distributed, or delivered, a Class H felony.

SB70,1727,10 (2) (a) A person that is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by not more than one ounce is subject to a civil forfeiture not to exceed $1,000.

SB70,1727,12 (b) A person who is not a permittee who possesses an amount of marijuana that exceeds the permissible amount by more than one ounce is one of the following:

SB70,1727,14 1. Except as provided in subd. 2., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both.

SB70,1727,17 2. Guilty of a Class I felony if the person has taken action to hide how much marijuana the person possesses and has in place an extreme measure to avoid detection.

SB70,1727,20 (c) A person who is not a permittee that possesses more than 6 marijuana plants that have reached the flowering stage at one time must apply for a permit under s. 139.972 and is one of the following:

SB70,1727,22 1. Except as provided in subds. 2. and 3., subject to a civil forfeiture that is not more than twice the permitting fee under s. 139.972.

SB70,1727,25 2. Except as provided in subd. 3., subject to a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both, if the number of marijuana plants that have reached the flowering stage is more than 12.

SB70,1728,4 3. Guilty of a Class I felony if the number of marijuana plants that have reached the flowering stage is more than 12, if the individual has taken action to hide the number of marijuana plants that have reached the flowering stage and if the person has in place an extreme measure to avoid detection.

SB70,1728,6 (d) Whoever uses or displays marijuana in a public space is subject to a civil forfeiture of not more than $100.

SB70,1728,9 (3) Any person who sells or attempts to sell marijuana via mail, telephone, or Internet is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB70,3356 Section 3356 . 967.055 (1m) (b) 5. of the statutes is repealed.

SB70,3357 Section 3357. 967.056 of the statutes is created to read:

SB70,1728,15 967.056 Prosecution of offenses; disorderly conduct. (1) If a person is accused of or charged with disorderly conduct in violation of s. 947.01 or a local ordinance in conformity with s. 947.01, a prosecutor shall offer the person an alternative to prosecution under sub. (2) if all of the following apply:

SB70,1728,16 (a) The accused or charged violation is the person's first violation of s. 947.01.

SB70,1728,18 (b) The person has not previously been convicted of a misdemeanor or felony for conduct that is substantially similar to the accused or charged violation.

SB70,1728,21 (c) The person has not been convicted of a felony in this state, or of a violation in another state that would be a felony if committed by an adult in this state, in the preceding 3 years.

SB70,1728,23 (2) A prosecutor shall offer one of the following alternatives to prosecution to a qualifying person under sub. (1):

SB70,1728,24 (a) A deferred prosecution agreement that includes restitution, if applicable.

SB70,1729,2 (b) An agreement in which the defendant stipulates to his or her guilt of a noncriminal ordinance violation that includes payment of a forfeiture.

SB70,3358 Section 3358 . 967.11 (1) of the statutes is amended to read:

SB70,1729,6 967.11 (1) In this section, “approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

SB70,3359 Section 3359 . 967.11 (2) of the statutes is amended to read:

SB70,1729,13 967.11 (2) If a county establishes an approved substance abuse treatment program and the approved program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an the approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

SB70,3360 Section 3360 . 968.20 (3) (b) of the statutes is amended to read:

SB70,1730,13 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

SB70,3361 Section 3361 . 971.17 (1g) of the statutes is amended to read:

SB70,1730,18 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

SB70,3362 Section 3362 . 971.365 (1) (a) of the statutes is amended to read:

SB70,1730,23 971.365 (1) (a) In any case under s. 961.41 (1) (em), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70,3363 Section 3363 . 971.365 (1) (b) of the statutes is amended to read:

SB70,1731,4 971.365 (1) (b) In any case under s. 961.41 (1m) (em), 1999 stats., or s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70,3364 Section 3364 . 971.365 (1) (c) of the statutes is amended to read:

SB70,1731,9 971.365 (1) (c) In any case under s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (3g) (am), (c), (d), (e), or (g) involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB70,3365 Section 3365 . 971.365 (2) of the statutes is amended to read:

SB70,1731,16 971.365 (2) An acquittal or conviction under sub. (1) does not bar a subsequent prosecution for any acts in violation of s. 961.41 (1) (em), 1999 stats., s. 961.41 (1m) (em), 1999 stats., s. 961.41 (3g) (a) 2., 1999 stats., or s. 961.41 (3g) (dm), 1999 stats., or s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g), or (h), (1m) (cm), (d), (dm), (e), (f), or (g), or (h) or (3g) (am), (c), (d), (e), or (g) on which no evidence was received at the trial on the original charge.

SB70,3366 Section 3366. 973.015 (1b) of the statutes is created to read:

SB70,1731,18 973.015 (1b) In this section, “record” means a criminal case file.

SB70,3367 Section 3367. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

SB70,1732,3 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. by one of the following methods:

SB70,1732,6 (d) This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB70,3368 Section 3368. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:

SB70,1732,12 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person has not previously had a record expunged under this section and that the person will benefit and society will not be harmed by this disposition.

SB70,1733,9 b. If at least one year has passed since the person successfully completed his or her sentence, the person may file a petition in the county of conviction requesting that the record be expunged. Upon receipt of the petition, the court shall review the petition to determine if the person is ineligible to petition for expungement because subd. 3. or 4. applies, less than one year has passed since the person successfully completed his or her sentence, there are criminal charges pending against the person, the person has previously had a record expunged under this section, or the person has exceeded the maximum number of petitions allowed under this subd. 1. b. If the court determines the person is eligible to petition for expungement, the court shall forward the petition to the district attorney. If the district attorney requests a hearing within 90 days after the court forwards the petition, the court shall schedule a hearing to review the petition. If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may review the petition with or without a hearing. If a hearing is scheduled, then if practicable, the sentencing judge shall be the judge to review the petition. The court may order that the record be expunged if the court determines the person will benefit and society will not be harmed by this disposition. If the court does not order the record be expunged under this subd. 1. b., the person may file a 2nd petition under this subd. 1. b. only if at least 2 years have passed since he or she filed the first petition. No person may file more than 2 petitions per record under this subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county.

SB70,3369 Section 3369. 973.015 (1m) (a) 3. a. of the statutes is amended to read:

SB70,1733,14 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., or 948.095.

SB70,3370 Section 3370. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are created to read:

SB70,1733,18 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

SB70,1733,20 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the property damaged was a business, a violation of s. 943.01.