AB3-engrossed, s. 757 Section 757. 961.465 of the statutes is repealed.

AB3-engrossed, s. 758 Section 758. 961.472 (2) of the statutes is amended to read:

AB3-engrossed,180,25 961.472 (2) Except as provided in sub. (5), if a person pleads guilty or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (a) 2. (am), (c), or (d) or (dm), the court shall order the person to comply with an assessment of the person's use of controlled substances. The court's order shall designate a facility that is operated by or pursuant to a contract with the county department established under s. 51.42 and that is certified by the department of health and family services to provide assessment services to perform the assessment and, if appropriate, to develop a proposed treatment plan. The court shall notify the person that noncompliance with the order limits the court's ability to determine whether the treatment option under s. 961.475 is appropriate. The court shall also notify the person of the fee provisions under s. 46.03 (18) (fm).

AB3-engrossed, s. 759 Section 759. 961.48 (1) of the statutes is renumbered 961.48 (1) (intro.) and amended to read:

AB3-engrossed,181,9 961.48 (1) (intro.) Except as provided in subs. (2) and (4), any If a person who is charged under sub. (2m) with a felony offense under this chapter that is a 2nd or subsequent offense as provided under this chapter sub. (3) and the person is convicted of that 2nd or subsequent offense may be fined an amount up to twice that otherwise authorized or imprisoned for a term up to twice the term otherwise authorized or both., the maximum term of imprisonment for the offense may be increased as follows:

AB3-engrossed, s. 760 Section 760. 961.48 (1) (a) and (b) of the statutes are created to read:

AB3-engrossed,181,11 961.48 (1) (a) By not more than 6 years, if the offense is a Class C or D felony.

AB3-engrossed,181,12 (b) By not more than 4 years, if the offense is a Class E, F, G, H, or I felony.

AB3-engrossed, s. 761 Section 761. 961.48 (2) of the statutes is repealed.

AB3-engrossed, s. 762 Section 762. 961.48 (2m) (a) of the statutes is amended to read:

AB3-engrossed,181,22 961.48 (2m) (a) Whenever a person charged with an a felony offense under this chapter may be subject to a conviction for a 2nd or subsequent offense, he or she is not subject to an enhanced penalty under sub. (1) or (2) unless any applicable prior convictions are alleged in the complaint, indictment or information or in an amended complaint, indictment or information that is filed under par. (b) 1. A person is not subject to an enhanced penalty under sub. (1) or (2) for an offense if an allegation of applicable prior convictions is withdrawn by an amended complaint filed under par. (b) 2.

AB3-engrossed, s. 763 Section 763. 961.48 (3) of the statutes is amended to read:

AB3-engrossed,182,4 961.48 (3) For purposes of this section, an a felony offense under this chapter is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant or hallucinogenic drugs.

AB3-engrossed, s. 764 Section 764. 961.48 (4) of the statutes is repealed.

AB3-engrossed, s. 765 Section 765. 961.49 (1) of the statutes is renumbered 961.49, and 961.49 (intro.) of the statutes, as renumbered, is amended to read:

AB3-engrossed,182,17 961.49 Distribution of or possession with intent to deliver a controlled substance on or near certain places. (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (em), (f), (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (em), (f), (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

AB3-engrossed, s. 766 Section 766. 961.49 (2) of the statutes is repealed.

AB3-engrossed, s. 767 Section 767. 961.49 (3) of the statutes is repealed.

AB3-engrossed, s. 768 Section 768. 961.492 of the statutes is repealed.

AB3-engrossed, s. 769 Section 769. 961.55 (1) (d) 3. of the statutes is amended to read:

AB3-engrossed,182,23 961.55 (1) (d) 3. A vehicle is not subject to forfeiture for a violation of s. 961.41 (3g) (b), (c), (d), (dm), (e) or (f); and

AB3-engrossed, s. 770 Section 770. 961.573 (3) of the statutes is amended to read:

AB3-engrossed,183,6 961.573 (3) No person may use, or possess with the primary intent to use, drug paraphernalia to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB3-engrossed, s. 771 Section 771. 961.574 (3) of the statutes is amended to read:

AB3-engrossed,183,14 961.574 (3) No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack or store methamphetamine or a controlled substance analog of methamphetamine in violation of this chapter. Any person who violates this subsection may be fined not more than $10,000 or imprisoned for not more than 5 years or both is guilty of a Class H felony.

AB3-engrossed, s. 772 Section 772. 961.575 (3) of the statutes is amended to read:

AB3-engrossed,183,19 961.575 (3) Any person 17 years of age or over who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under may be fined not more than $50,000 or imprisoned for not more than 10 years or both is guilty of a Class G felony.

AB3-engrossed, s. 773 Section 773. 967.04 (9) of the statutes is amended to read:

AB3-engrossed,184,2 967.04 (9) In any criminal prosecution or juvenile fact-finding hearing under s. 48.31 or 938.31, the court may admit into evidence a videotaped deposition taken under subs. (7) and (8) without an additional hearing under s. 908.08. In any proceeding under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the hearing examiner may order and preside at the taking of a videotaped deposition using the procedure provided in subs. (7) and (8) and may admit the videotaped deposition into evidence without an additional hearing under s. 908.08.