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Date of enactment: December 4, 2003
2003 Assembly Bill 458 Date of publication*: December 18, 2003
* Section 991.11, Wisconsin Statutes 2001-02 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2003 WISCONSIN ACT 97
An Act to renumber and amend 23.33 (4c) (b) 4., 30.681 (2) (d) 1., 343.305 (8) (b) 5., 346.63 (2) (b), 350.101 (2) (d), 940.09 (1m), 940.09 (2), 940.25 (1m), 940.25 (2) and 967.055 (1m); to amend 23.33 (4c) (a) 4., 23.33 (4c) (b) 3., 23.33 (4p) (d), 23.33 (13) (b) 1., 23.33 (13) (b) 2., 23.33 (13) (b) 3., 30.681 (1) (b) (title), 30.681 (1) (c), 30.681 (2) (b) (title), 30.681 (2) (c), 30.684 (4), 343.305 (7) (a), 343.305 (8) (b) 2. bm. and d., 343.305 (9) (a) 5. a., 343.307 (1) (d), 343.307 (2) (e), 343.307 (3), 343.31 (1) (am), 343.31 (2), 343.315 (2) (a) 5., 343.315 (2) (a) 6., 344.576 (2) (b), 346.63 (1) (c), 346.63 (2) (am), 346.65 (2g) (c), 346.65 (2m) (a), 346.65 (6) (a) 1., 346.65 (6) (c), 346.65 (6) (d), 350.101 (1) (d), 350.101 (2) (c), 350.104 (4), 350.11 (3) (a) 1., 350.11 (3) (a) 2., 350.11 (3) (a) 3., 351.02 (1) (a) 10., 885.235 (4), 939.75 (1), 939.75 (2) (b), 939.75 (3) (intro.), 940.09 (1d) (a) 1., 940.09 (1d) (a) 2., 940.09 (1d) (b), 940.25 (1d) (a) 1., 940.25 (1d) (a) 2., 940.25 (1d) (b), 949.08 (2) (e), 949.08 (2) (em), 967.055 (1) (a) and 967.055 (2) (a); and to create 23.33 (1) (jo), 23.33 (4c) (a) 2m., 23.33 (4c) (a) 5., 23.33 (4c) (b) 2m., 23.33 (4c) (b) 4. b., 30.50 (10m), 30.681 (1) (b) 1m., 30.681 (1) (d), 30.681 (2) (b) 1m., 30.681 (2) (d) 1. b., 340.01 (50m), 343.305 (5) (e), 343.305 (8) (b) 2. g., 343.305 (8) (b) 4m., 343.305 (8) (b) 5. a., 343.305 (8) (b) 5. b., 343.305 (8) (b) 5. c., 343.305 (8) (b) 6. a., 343.305 (8) (b) 6. b., 343.305 (8) (b) 6. c., 343.315 (2) (a) 1m., 346.63 (1) (am), 346.63 (1) (d), 346.63 (2) (a) 3., 346.63 (2) (b) 2., 350.01 (10v), 350.101 (1) (bm), 350.101 (1) (e), 350.101 (2) (bm), 350.101 (2) (d) 2., 885.235 (1) (d), 885.235 (1k), 939.22 (33), 940.09 (1) (am), 940.09 (1) (cm), 940.09 (1g) (am), 940.09 (1g) (cm), 940.09 (2) (b), 940.25 (1) (am), 940.25 (1) (cm), 940.25 (2) (b), 941.20 (1) (bm) and 967.055 (1m) (b) of the statutes; relating to: operating a vehicle or operating or going armed with a firearm after using certain controlled substances and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
97,1 Section 1. 23.33 (1) (jo) of the statutes is created to read:
23.33 (1) (jo) "Restricted controlled substance" means any of the following:
1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.
2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in subd. 1.
3. Cocaine or any of its metabolites.
4. Methamphetamine.
5. Delta-9-tetrahydrocannabinol.
97,2 Section 2. 23.33 (4c) (a) 2m. of the statutes is created to read:
23.33 (4c) (a) 2m. `Operating with a restricted controlled substance.' No person may engage in the operation of an all-terrain vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.
97,3 Section 3. 23.33 (4c) (a) 4. of the statutes is amended to read:
23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of subd. 1. or 2. or both any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating both subds. 1. and 2. any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the person is found guilty of both subds. 1. and 2. any combination of subd. 1., 2., or 2m. 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 sub. (13) (b) 2. and 3. Subdivisions 1. and, 2., and 2m. each require proof of a fact for conviction which the other does others do not require.
97,4 Section 4. 23.33 (4c) (a) 5. of the statutes is created to read:
23.33 (4c) (a) 5. `Defenses.' In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, 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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
97,5 Section 5. 23.33 (4c) (b) 2m. of the statutes is created to read:
23.33 (4c) (b) 2m. `Causing injury while operating with a restricted controlled substance.' No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an all-terrain vehicle.
97,6 Section 6. 23.33 (4c) (b) 3. of the statutes is amended to read:
23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of subd. 1. or 2. or both any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating both subds. 1. and 2. any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of both subds. 1. and 2. any combination of subd. 1, 2., or 2m. 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 sub. (13) (b) 2. and 3. Subdivisions 1. and, 2., and 2m. each require proof of a fact for conviction which the other does others do not require.
97,7 Section 7. 23.33 (4c) (b) 4. of the statutes is renumbered 23.33 (4c) (b) 4. a. and amended to read:
23.33 (4c) (b) 4. a. In an action under this paragraph, 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 0.1 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood.
97,8 Section 8. 23.33 (4c) (b) 4. b. of the statutes is created to read:
23.33 (4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant allegedly having a detectable amount of methamphetamine, 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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
97,9 Section 9. 23.33 (4p) (d) of the statutes is amended to read:
23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b) or (c) 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 operation of an all-terrain vehicle law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol 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 subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.
97,10 Section 10. 23.33 (13) (b) 1. of the statutes is amended to read:
23.33 (13) (b) 1. Except as provided under subds. 2. and 3., a person who violates sub. (4c) (a) 1. or, 2., or 2m. or (4p) (e) shall forfeit not less than $150 nor more than $300.
97,11 Section 11. 23.33 (13) (b) 2. of the statutes is amended to read:
23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub. (4c) (a) 1. or, 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an all-terrain vehicle law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
97,12 Section 12. 23.33 (13) (b) 3. of the statutes is amended to read:
23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1. or, 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.
97,13 Section 13. 30.50 (10m) of the statutes is created to read:
30.50 (10m) "Restricted controlled substance" means any of the following:
(a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.
(b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in par. (a).
(c) Cocaine or any of its metabolites.
(d) Methamphetamine.
(e) Delta-9-tetrahydrocannabinol.
97,14 Section 14. 30.681 (1) (b) (title) of the statutes is amended to read:
30.681 (1) (b) (title) Operating with after using a controlled substance or alcohol concentrations at or above specified levels.
97,15 Section 15. 30.681 (1) (b) 1m. of the statutes is created to read:
30.681 (1) (b) 1m. No person may engage in the operation of a motorboat while the person has a detectable amount of a restricted controlled substance in his or her blood.
97,16 Section 16. 30.681 (1) (c) of the statutes is amended to read:
30.681 (1) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) or (b) or both any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating both pars. (a) and (b) any combination of par. (a) or (b) 1., 1m., or 2., the offenses shall be joined. If the person is found guilty of both pars. (a) and (b) any combination of par. (a) or (b) 1., 1m., or 2. 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. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which the other does others do not require.
97,17 Section 17. 30.681 (1) (d) of the statutes is created to read:
30.681 (1) (d) Defenses. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, 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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
97,18 Section 18. 30.681 (2) (b) (title) of the statutes is amended to read:
30.681 (2) (b) (title) Causing injury with after using a controlled substance or alcohol concentrations at or above specified levels.
97,19 Section 19. 30.681 (2) (b) 1m. of the statutes is created to read:
30.681 (2) (b) 1m. No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of a motorboat.
97,20 Section 20. 30.681 (2) (c) of the statutes is amended to read:
30.681 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) or (b) or both any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating both pars. (a) and (b) any combination of par. (a) or (b) 1., 1m., or 2. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of both pars. (a) and (b) any combination of par. (a) or (b) 1., 1m., or 2. 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. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which the other does others do not require.
97,21 Section 21. 30.681 (2) (d) 1. of the statutes is renumbered 30.681 (2) (d) 1. a. and amended to read:
30.681 (2) (d) 1. a. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, 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 0.1 or more or a detectable amount of a restricted controlled substance in his or her blood.
97,22 Section 22. 30.681 (2) (d) 1. b. of the statutes is created to read:
30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant allegedly having a detectable amount of methamphetamine, 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, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.
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