AB56: Bill Text

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.

AB56,2247 Section 2247 . 978.05 (6) (a) of the statutes is amended to read:

AB56,1092,25 978.05 (6) (a) Institute, commence, or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8), 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB56,2248 Section 2248. 990.01 (2) of the statutes is amended to read:

AB56,1093,5 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. It includes the power to condemn only in the cases specified in s. 32.02 and subject to the limitations under s. 32.015.

AB56,2249 Section 2249 . 990.01 (3) of the statutes is amended to read:

AB56,1093,10 990.01 (3) Adult. “Adult" means a person who has attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult" means a person who has attained the age of 17 years.

AB56,2250 Section 2250 . 990.01 (20) of the statutes is amended to read:

AB56,1093,15 990.01 (20) Minor. “Minor" means a person who has not attained the age of 18 years, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “minor" does not include a person who has attained the age of 17 years.

AB56,2251 Section 2251 . 2017 Wisconsin Act 185, section 110 (1) (a) is amended to read:

AB56,1094,4 [2017 Wisconsin Act 185] Section 110 (1) (a) Upon the establishment of the Type 1 juvenile correctional facilities under subsection (7) and the secured residential care centers for children and youth under subsections (4) and (7m), the department of corrections shall begin to transfer each juvenile held in secure custody at the Lincoln Hills School and Copper Lake School to the appropriate Type 1 juvenile correctional facility or secured residential care center for children and youth. No juvenile may be transferred to a Type 1 juvenile correctional facility until the department of corrections determines the facility to be ready to accept juveniles, and no juvenile may be transferred to a secured residential care center for children and youth until the entity operating the facility determines it to be ready to accept juveniles. The transfers may occur in phases. The department shall transfer all juveniles a juvenile under this subsection no later than January 1, 2021 as soon as a substitute placement that meets the needs of that juvenile is ready.

AB56,2252 Section 2252 . 2017 Wisconsin Act 185, section 110 (2) (a) is amended to read:

AB56,1094,11 [2017 Wisconsin Act 185] Section 110 (2) (a) On the earlier of the date on which all juveniles have been transferred to secured residential care centers for children and youth and Type 1 juvenile correctional facilities under subsection (1) or January 1, 2021, the department of corrections shall permanently close the Type 1 juvenile correctional facilities housed at the Lincoln Hills School and Copper Lake School in the town of Birch, Lincoln County.

AB56,2253 Section 2253 . 2017 Wisconsin Act 185, section 110 (3) (a) 4. and 5. are amended to read:

AB56,1094,16 [2017 Wisconsin Act 185] Section 110 (3) (a) 4. Three Two senators appointed by the senate majority leader or the appointed senator's designee and one senator appointed by the senate minority leader or the appointed senator's designee.

AB56,1094,20 5. Three Two representatives to the assembly appointed by the speaker of the assembly or that appointed representative's designee and one representative to the assembly appointed by the assembly minority leader or the appointed representative's designee.

AB56,2254 Section 2254 . 2017 Wisconsin Act 185, section 110 (3) (c) is amended to read:

AB56,1094,24 [2017 Wisconsin Act 185] Section 110 (3) (c) Termination. The juvenile corrections grant committee terminates on the earlier of the date on which all projects funded with grants under subsection (4) are completed or January 1, 2021.

AB56,2255 Section 2255 . 2017 Wisconsin Act 185, section 110 (4) (d) is amended to read:

AB56,1095,5 [2017 Wisconsin Act 185] Section 110 (4) (d) Deadline. Grant applications are due no later than March 31 June 30, 2019. Between that date and June 30 September 30, 2019, the juvenile corrections grant committee may work with applicants to modify their applications in order to increase the likelihood of being awarded a grant.

AB56,2256 Section 2256 . 2017 Wisconsin Act 185, section 110 (4) (f) is amended to read:

AB56,1095,12 [2017 Wisconsin Act 185] Section 110 (4) (f) Plan approval. No later than July October 1, 2019, the juvenile corrections grant committee shall submit the plan under paragraph (e) for approval to the joint committee on finance. The juvenile corrections grant committee and the department of corrections may not implement the plan until it is approved by the joint committee on finance, as submitted or as modified.

AB56,2257 Section 2257 . 2017 Wisconsin Act 185, section 110 (6) (e) is amended to read:

AB56,1095,16 [2017 Wisconsin Act 185] Section 110 (6) (e) Termination. The juvenile corrections study committee terminates on January 1, 2021 the date on which all projects funded with grants under subsection (4) are completed.

AB56,2258 Section 2258 . 2017 Wisconsin Act 185, section 110 (7) is amended to read:

AB56,1095,23 [2017 Wisconsin Act 185] Section 110 (7) Type 1 juvenile correctional facilities. The department of corrections shall establish or construct the Type 1 juvenile correctional facilities under section 301.16 (1w) (a) of the statutes no later than January 1, 2021, subject to the approval of the joint committee on finance. The department shall consider the recommendations of the juvenile corrections study committee under subsection (6) (c) 2. in establishing or constructing these facilities.

AB56,2259 Section 2259. 2017 Wisconsin Act 185, section 110 (7g) is amended to read:

AB56,1096,4 [2017 Wisconsin Act 185] Section 110 (7g) Mendota juvenile treatment center. The department of health services shall construct an expansion of the Mendota juvenile treatment center to accommodate no fewer than 29 additional juveniles, subject to the approval of the joint committee on finance.

AB56,2260 Section 2260 . 2017 Wisconsin Act 185, section 110 (7m) (b) is amended to read:

AB56,1096,12 [2017 Wisconsin Act 185] Section 110 (7m) (b) 1. Notwithstanding section 938.22 (1) and (2) of the statutes, except as provided in subdivision 2., on January 1, 2021 the effective date of this subdivision, the portion of an eligible juvenile detention facility that holds juveniles who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is a secured residential care center for children and youth and juveniles may be placed there under section 938.34 (4m) of the statutes.

AB56,1096,17 2. Notwithstanding subdivision 1., on January 1, 2021 the effective date of this subdivision, the portion of an eligible juvenile detention facility that holds juveniles who are placed under section 938.34 (3) (f) of the statutes for more than 30 days is, with respect to a juvenile placed under section 938.34 (3) (f) of the statutes prior to January 1, 2021 the effective date of this subdivision, a juvenile detention facility.

AB56,2261 Section 2261 . 2017 Wisconsin Act 185, section 111 (3) is amended to read:

AB56,1096,22 [2017 Wisconsin Act 185] Section 111 (3) The treatment of section 938.34 (3) (f) 1. of the statutes, with respect to an eligible juvenile detention facility under Section 110 (7m), first applies to a juvenile adjudicated delinquent on January 1, 2021 the effective date of this subsection.

AB56,2262 Section 2262 . 2017 Wisconsin Act 185, section 112 (1) is amended to read:

AB56,1097,9 [2017 Wisconsin Act 185] Section 112 (1) The treatment of sections 46.011 (1p) (by Section 13), 46.057 (1) (by Section 15), 48.023 (4) (by Section 20), 49.11 (1c) (by Section 27), 49.45 (25) (bj) (by Section 29), 301.01 (1n) (by Section 35), 301.03 (10) (d) (by Section 38), 301.20, 938.02 (4) (by Section 50), 938.34 (2) (a) (by Section 57) and (b) (by Section 59) and (4m) (intro.) (by Section 62), 938.357 (4) (am) (by Section 70), 938.48 (3) (by Section 78), (4) (by Section 80), (4m) (b) (by Section 82), (5) (by Section 84), (6) (by Section 86), and (14) (by Section 88), 938.505 (1) (by Section 96), 938.52 (2) (a) and (c) (by Section 98), 938.53 (by Section 100), and 938.54 (by Section 107) of the statutes takes and Sections 110 (7m) (b) and 111 (3) of this act take effect on the date specified in the notice under Section 110 (2) (b) or January 1, 2021, whichever is earlier.

AB56,2263 Section 2263. 2017 Wisconsin Act 369, section 102 (2m), (2s), (2t) and (2v) are repealed.

AB56,2264 Section 2264. 2017 Wisconsin Act 370, Section 44 (2) and (3) are repealed.

AB56,2265 Section 2265. 2017 Wisconsin Act 370, section 44 (5) is repealed.

AB56,2266 Section 2266. 2017 Wisconsin Act 59, sections 202e, 202g, 1646t to 1646y, 1655g to 1655j, 1806f and 9439 (4t) are repealed.

AB56,2267 Section 2267. Chapter VA 4 of the administrative code is repealed.

AB56,9101 Section 9101. Nonstatutory provisions; Administration.

AB56,1097,18 (1) Transfer of high-voltage transmission line fees.

AB56,1097,21 (a) Definition. In this subsection, “fees” means the annual impact and onetime environmental impact fees required to be paid under the rules promulgated under s. 16.969 (2) (a) and (b), 2017 stats.

AB56,1097,25 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily relating to the fees, as determined by the secretary of administration, become the assets and liabilities of the public service commission.

AB56,1098,4 (c) Employee transfers. On the effective date of this paragraph, all positions, and the incumbent employees holding those positions, in the department of administration primarily related to the fees, as determined by the secretary of administration, are transferred to the public service commission.