AB56: Bill Text

AB56,2184 Section 2184 . 938.57 (3) (b) of the statutes is amended to read:

AB56,1069,8 938.57 (3) (b) The funding provided for the maintenance of a juvenile person under par. (a) shall be in an amount equal to that to which the juvenile person would receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.

AB56,2185 Section 2185 . 939.632 (1) (e) 1. of the statutes is amended to read:

AB56,1069,15 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 940.32, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

AB56,2186 Section 2186 . 939.632 (1) (e) 3. of the statutes is amended to read:

AB56,1069,18 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).

AB56,2187 Section 2187 . 941.315 (5) of the statutes is amended to read:

AB56,1069,23 941.315 (5) (a) Subsection (2) does not apply to a person to whom nitrous oxide is administered for the purpose of providing medical or dental care, if the nitrous oxide is administered by a physician or, dentist, or dental therapist or at the direction or under the supervision of a physician or, dentist, or dental therapist.

AB56,1070,2 (b) Subsection (3) does not apply to the administration of nitrous oxide by a physician or, dentist, or dental therapist, or by another person at the direction or under the supervision of a physician or , dentist, or dental therapist, for the purpose of providing medical or dental care.

AB56,1070,6 (c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic or other health care organization or to a physician or , dentist, or dental therapist of any object used, designed for use or primarily intended for use in administering nitrous oxide for the purpose of providing medical or dental care.

AB56,2188 Section 2188 . 946.15 of the statutes is created to read:

AB56,1070,21 946.15 Public construction contracts at less than full rate. (1) Any employer, or any agent or employee of an employer, who induces any individual who seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any part of the compensation to which that individual is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB56,1071,9 (2) Any individual employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB56,1071,18 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any individual who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the individual's pay is guilty of a Class I felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB56,1072,2 (4) Any individual employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB56,2189 Section 2189 . 946.50 (intro.) of the statutes is amended to read:

AB56,1072,8 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years becoming an adult is guilty of the following:

AB56,2190 Section 2190. 947.20 of the statutes is repealed.

AB56,2191 Section 2191. 947.21 of the statutes is repealed.

AB56,2192 Section 2192 . 948.01 (1) of the statutes is amended to read:

AB56,1072,15 948.01 (1) “Child" means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child" does not include a person who has attained the age of 17 years.

AB56,2193 Section 2193 . 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB56,1072,21 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

AB56,2194 Section 2194 . 948.45 (1) of the statutes is amended to read:

AB56,1073,2 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older adult who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child is guilty of a Class C misdemeanor.

AB56,2195 Section 2195 . 948.60 (2) (d) of the statutes is amended to read:

AB56,1073,7 948.60 (2) (d) A person under 17 years of age child who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB56,2196 Section 2196 . 948.61 (4) of the statutes is amended to read:

AB56,1073,12 948.61 (4) A person under 17 years of age child who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB56,2197 Section 2197. 961.01 (5m) of the statutes is created to read:

AB56,1073,15 961.01 (5m) “Debilitating medical condition or treatment" has the meaning given in s. 146.44 (1) (b).

AB56,2198 Section 2198 . 961.01 (12v) of the statutes is created to read:

AB56,1073,19 961.01 (12v) “Lockable, enclosed facility" means an enclosed indoor or outdoor area that is lockable, or requires a security device, to permit access only by a member of a qualifying patient's treatment team.

AB56,2199 Section 2199. 961.01 (14c) of the statutes is created to read:

AB56,1073,22 961.01 (14c) “Maximum authorized amount" means 12 live cannabis plants or 3 ounces of usable cannabis.

AB56,2200 Section 2200. 961.01 (14g) of the statutes is created to read:

AB56,1073,25 961.01 (14g) “Medication with tetrahydrocannabinols" has the meaning given in s. 146.44 (1) (c).

AB56,2201 Section 2201. 961.01 (17k) of the statutes is created to read:

AB56,1074,3 961.01 (17k) “Out-of-state registry identification card" has the meaning given in s. 146.44 (1) (cm).

AB56,2202 Section 2202. 961.01 (19m) of the statutes is created to read:

AB56,1074,5 961.01 (19m) “Primary caregiver" has the meaning given in s. 146.44 (1) (d).

AB56,2203 Section 2203. 961.01 (20hm) of the statutes is created to read:

AB56,1074,7 961.01 (20hm) “Qualifying patient" has the meaning given in s. 146.44 (1) (e).

AB56,2204 Section 2204. 961.01 (20ht) of the statutes is created to read:

AB56,1074,10 961.01 (20ht) “Registry identification card" has the meaning given in s. 146.44 (1) (g).

AB56,2205 Section 2205. 961.01 (20t) of the statutes is created to read:

AB56,1074,13 961.01 (20t) “Treatment team" means a qualifying patient and his or her primary caregivers.

AB56,2206 Section 2206 . 961.01 (21f) of the statutes is created to read:

AB56,1074,16 961.01 (21f) “Usable cannabis” means cannabis leaves or flowers but does not include seeds, stalks, or roots or any ingredients combined with the leaves or flowers.

AB56,2207 Section 2207. 961.01 (21t) of the statutes is created to read:

AB56,1074,18 961.01 (21t) “Written certification" has the meaning given in s. 146.44 (1) (h).

AB56,2208 Section 2208 . 961.14 (4) (t) 1. of the statutes is amended to read:

AB56,1074,22 961.14 (4) (t) 1. Cannabidiol in a form without a psychoactive effect that is dispensed as provided in s. 961.38 (1n) (a) or that is possessed as provided in s. 961.32 (2m) (b).

AB56,2209 Section 2209 . 961.32 (2m) of the statutes is repealed.

AB56,2210 Section 2210 . 961.38 (1n) of the statutes is repealed.

AB56,2211 Section 2211. 961.41 (1) (h) 1. of the statutes is renumbered 961.41 (1) (h) 1r. and amended to read:

AB56,1075,5 961.41 (1) (h) 1r. Two hundred More than 25 grams but not more than 200 grams or less, or more than 2 but not more than 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.

AB56,2212 Section 2212. 961.41 (1) (h) 1g. of the statutes is created to read:

AB56,1075,10 961.41 (1) (h) 1g. Twenty-five grams or less, or 2 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony if the person is at least 17 years of age and distributes or delivers to a person who is no more than 17 years of age and who is at least 3 years younger than the person distributing or delivering.

AB56,2213 Section 2213. 961.41 (1m) (h) 1. of the statutes is amended to read:

AB56,1075,14 961.41 (1m) (h) 1. Two hundred More than 25 grams but not more than 200 grams or less, or more than 2 but not more than 4 or fewer plants containing tetrahydrocannabinols, the person is guilty of a Class I felony.

AB56,2214 Section 2214. 961.41 (1q) (title) of the statutes is repealed and recreated to read:

AB56,1075,17 961.41 (1q) (title) Tetrahydrocannabinols penalty and probable cause.

AB56,2215 Section 2215. 961.41 (1q) of the statutes is renumbered 961.41 (1q) (a).

AB56,2216 Section 2216. 961.41 (1q) (b) and (c) of the statutes are created to read:

AB56,1075,21 961.41 (1q) (b) The following are not sufficient to establish probable cause that a violation of sub. (1) (h) has occurred:

AB56,1075,22 1. Odor of marijuana.

AB56,1075,23 2. The possession of not more than 25 grams of marijuana.

AB56,1076,3 (c) No individual on parole, probation, extended supervision, supervised release, or any other release may have the release revoked for possessing not more than 25 grams of marijuana.

AB56,2217 Section 2217. 961.41 (1r) of the statutes is amended to read:

AB56,1076,14 961.41 (1r) Determining weight of substance. In determining amounts under s. 961.49 (2) (b), 1999 stats., and subs. (1) and (1m), an amount includes the weight of cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, tetrahydrocannabinols, synthetic cannabinoids, or substituted cathinones, or any controlled substance analog of any of these substances together with any compound, mixture, diluent, plant material or other substance mixed or combined with the controlled substance or controlled substance analog. In addition, in determining amounts under subs. (1) (h) and, (1m) (h), and (3g) (e), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes means the weight of any only marijuana.

AB56,2218 Section 2218. 961.41 (3g) (e) of the statutes is amended to read:

AB56,1077,2 961.41 (3g) (e) Tetrahydrocannabinols. If a person possesses or attempts to possess more than 25 grams of tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense 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 under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

AB56,2219 Section 2219. 961.436 of the statutes is created to read:

AB56,1077,8 961.436 Medical use defense in cases involving tetrahydrocannabinols. (1) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for manufacturing, or possessing with intent to manufacture, tetrahydrocannabinols if all of the following apply:

AB56,1077,10 (a) The manufacture or possession is by the treatment team for medication with tetrahydrocannabinols.

AB56,1077,11 (b) The amount of cannabis does not exceed the maximum authorized amount.

AB56,1077,14 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

AB56,1077,16 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

AB56,1077,20 (2) A member of a qualifying patient's treatment team has a defense to prosecution under s. 961.41 (1) (h) or (1m) (h) for distributing or delivering, or possessing with intent to distribute or deliver, tetrahydrocannabinols to another member of the treatment team if all of the following apply:

AB56,1077,22 (a) The distribution, delivery, or possession is by the treatment team for medication with tetrahydrocannabinols.

AB56,1077,23 (b) The amount of cannabis does not exceed the maximum authorized amount.

AB56,1078,3 (c) Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

AB56,1078,5 (d) If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.

AB56,1078,8 (3) (a) Except as provided in par. (b), a member of a qualifying patient's treatment team has a defense to a prosecution under s. 961.41 (3g) (e) if all of the following apply:

AB56,1078,10 1. The possession or attempted possession is by the treatment team for medication with tetrahydrocannabinols.

AB56,1078,11 2. The amount of cannabis does not exceed the maximum authorized amount.

AB56,1078,14 3. Any live cannabis plants are in a lockable, enclosed facility unless a member of a qualifying patient's treatment team is accessing the plants or has the plants in his or her possession.

AB56,1078,16 4. If the member is a primary caregiver, he or she is not a primary caregiver to more than 10 qualifying patients.