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SB377,88,2017 344.576 (2) (b) The damage occurs while the renter or authorized driver
18operates the private passenger vehicle in this state while under the influence of an
19intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or
20(2p)
.
SB377,152 21Section 152 . 346.63 (1) (b) of the statutes is amended to read:
SB377,88,2322 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols
23concentration.
SB377,153 24Section 153 . 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and
25amended to read:
SB377,89,7
1346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant
2allegedly having a detectable amount of methamphetamine, or
3gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
4the defendant has a defense if he or she proves by a preponderance of the evidence
5that at the time of the incident or occurrence he or she had a valid prescription for
6methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
7acid, or delta-9-tetrahydrocannabinol.
SB377,154 8Section 154 . 346.63 (1) (d) 2. of the statutes is created to read:
SB377,89,139 346.63 (1) (d) 2. In an action under par. (b) that is based on the defendant
10allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
11has a defense if he or she proves by a preponderance of the evidence that at the time
12of the incident or occurrence he or she had a valid prescription for
13tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,155 14Section 155 . 346.63 (2) (a) 2. of the statutes is amended to read:
SB377,89,1615 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols
16concentration.
SB377,156 17Section 156 . 346.63 (2) (b) 1. of the statutes is amended to read:
SB377,90,218 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense
19if he or she proves by a preponderance of the evidence that the injury would have
20occurred even if he or she had been exercising due care and he or she had not been
21under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance,
22a controlled substance analog or a combination thereof, under the influence of any
23other drug to a degree which renders him or her incapable of safely driving, or under
24the combined influence of an intoxicant and any other drug to a degree which renders
25him or her incapable of safely driving, did not have a prohibited alcohol or

1tetrahydrocannabinols
concentration described under par. (a) 2., or did not have a
2detectable amount of a restricted controlled substance in his or her blood.
SB377,157 3Section 157 . 346.63 (2) (b) 2. of the statutes is amended to read:
SB377,90,104 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant
5allegedly having a detectable amount of methamphetamine, or
6gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
7the defendant has a defense if he or she proves by a preponderance of the evidence
8that at the time of the incident or occurrence he or she had a valid prescription for
9methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
10acid, or delta-9-tetrahydrocannabinol.
SB377,158 11Section 158 . 346.63 (2) (b) 3. of the statutes is created to read:
SB377,90,1612 346.63 (2) (b) 3. In an action under par. (a) 2. that is based on the defendant
13allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
14has a defense if he or she proves by a preponderance of the evidence that at the time
15of the incident or occurrence he or she had a valid prescription for
16tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,159 17Section 159 . 346.63 (2p) of the statutes is created to read:
SB377,90,2518 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70
19(2), the person may not drive or operate a motor vehicle while he or she has a
20tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One
21penalty for violation of this subsection is suspension of a person's operating privilege
22under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
23at any time. If a person arrested for a violation of this subsection refuses to take a
24test under s. 343.305, the refusal is a separate violation and the person is subject to
25revocation of the person's operating privilege under s. 343.305 (10) (em).
SB377,160
1Section 160. 346.637 of the statutes is amended to read:
SB377,91,3 2346.637 Driver awareness program. The department shall conduct a
3campaign to educate drivers in this state concerning:
SB377,91,7 4(1) The laws relating to operating a motor vehicle and drinking alcohol, using
5tetrahydrocannabinols, controlled substances , or controlled substance analogs, or
6using any combination of alcohol, tetrahydrocannabinols, controlled substances, and
7controlled substance analogs.
SB377,91,10 8(2) The effects of alcohol, tetrahydrocannabinols, controlled substances, or
9controlled substance analogs, or the use of them in any combination, on a person's
10ability to operate a motor vehicle.
SB377,161 11Section 161 . 346.65 (2m) (a) of the statutes is amended to read:
SB377,91,2012 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
13(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
14review the record and consider the aggravating and mitigating factors in the matter.
15If the amount of alcohol in the person's blood or urine or the amount of a restricted
16controlled substance or tetrahydrocannabinols in the person's blood is known, the
17court shall consider that amount as a factor in sentencing. The chief judge of each
18judicial administrative district shall adopt guidelines, under the chief judge's
19authority to adopt local rules under SCR 70.34, for the consideration of aggravating
20and mitigating factors.
SB377,162 21Section 162 . 346.65 (2q) of the statutes is amended to read:
SB377,91,2522 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If
23there was a minor passenger under 16 years of age in the motor vehicle at the time
24of the violation that gave rise to the conviction under s. 346.63 (2m) or (2p), the person
25shall be fined $400.
SB377,163
1Section 163. 346.93 (1) of the statutes is amended to read:
SB377,92,92 346.93 (1) No underage person, as defined under s. 125.02 (20m), may
3knowingly possess, transport, or have under his or her control any alcohol beverage
4or tetrahydrocannabinols in any motor vehicle unless the. This subsection does not
5prohibit a
person who is employed by a brewer, brewpub, alcohol beverage licensee,
6wholesaler, retailer, distributor, manufacturer, or rectifier and is from possessing,
7transporting, or having such beverage alcohol beverages in a motor vehicle under his
8or her control during his or her working hours and in the course of employment, as
9provided under s. 125.07 (4) (bm).
SB377,164 10Section 164 . 346.935 (1) of the statutes is amended to read:
SB377,92,1311 346.935 (1) No person may drink alcohol beverages ; burn, inhale, or ingest
12products containing tetrahydrocannabinol;
or inhale nitrous oxide while he or she
13is in any motor vehicle when the vehicle is upon a highway.
SB377,165 14Section 165 . 346.935 (2) of the statutes is amended to read:
SB377,92,1915 346.935 (2) No person may possess on his or her person, in a privately owned
16motor vehicle upon a public highway, any bottle or receptacle containing alcohol
17beverages, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle has
18been opened, the seal has been broken or the contents of the bottle or receptacle have
19been partially removed or released.
SB377,166 20Section 166 . 346.935 (3) of the statutes is amended to read:
SB377,93,521 346.935 (3) The owner of a privately owned motor vehicle, or the driver of the
22vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept
23in the motor vehicle when it is upon a highway any bottle or receptacle containing
24alcohol beverages, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle
25has been opened, the seal has been broken or the contents of the bottle or receptacle

1have been partially removed or released. This subsection does not apply if the bottle
2or receptacle is kept in the trunk of the vehicle or, if the vehicle has no trunk, in some
3other area of the vehicle not normally occupied by the driver or passengers. A utility
4compartment or glove compartment is considered to be within the area normally
5occupied by the driver and passengers.
SB377,167 6Section 167 . 349.02 (2) (b) 4. of the statutes is amended to read:
SB377,93,87 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
866.0107 (1) (bm).
SB377,168 9Section 168 . 349.03 (2m) of the statutes is amended to read:
SB377,93,1110 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
11for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
SB377,169 12Section 169 . 349.06 (1m) of the statutes is amended to read:
SB377,93,1413 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license
14for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
SB377,170 15Section 170 . 350.01 (10v) (a) of the statutes is amended to read:
SB377,93,1716 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961
17other than a tetrahydrocannabinol.
SB377,171 18Section 171 . 350.01 (10v) (e) of the statutes is repealed.
SB377,172 19Section 172 . 350.01 (21g) of the statutes is created to read:
SB377,93,2120 350.01 (21g) “Tetrahydrocannabinols concentration" has the meaning given in
21s. 23.33 (1) (k).
SB377,173 22Section 173 . 350.101 (1) (bg) of the statutes is created to read:
SB377,93,2523 350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or
24above specified levels.
No person may engage in the operation of a snowmobile while
25the person has a tetrahydrocannabinols concentration of 5.0 or more.
SB377,174
1Section 174. 350.101 (1) (cg) of the statutes is created to read:
SB377,94,52 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or
3above specified levels; below age 21.
If a person has not attained the age of 21, the
4person may not engage in the operation of a snowmobile while he or she has a
5tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0.
SB377,175 6Section 175 . 350.101 (1) (d) of the statutes is amended to read:
SB377,94,157 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
8may proceed upon a complaint based upon a violation of any combination of par. (a),
9(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
10is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses
11shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg),
12or (bm) for acts arising out of the same incident or occurrence, there shall be a single
13conviction for purposes of sentencing and for purposes of counting convictions under
14s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a
15fact for conviction which the others do not require.
SB377,176 16Section 176 . 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
17amended to read:
SB377,94,2418 350.101 (1) (e) 1. In an action under par. (bm) that is based on the defendant
19allegedly having a detectable amount of methamphetamine, or
20gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
21the defendant has a defense if he or she proves by a preponderance of the evidence
22that at the time of the incident or occurrence he or she had a valid prescription for
23methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
24acid, or delta-9-tetrahydrocannabinol.
SB377,177 25Section 177 . 350.101 (1) (e) 2. of the statutes is created to read:
SB377,95,5
1350.101 (1) (e) 2. In an action under par. (bg) or (cg) that is based on the
2defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
3defendant has a defense if he or she proves by a preponderance of the evidence that
4at the time of the incident or occurrence he or she had a valid prescription for
5tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,178 6Section 178 . 350.101 (2) (bg) of the statutes is created to read:
SB377,95,97 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at
8or above specified levels.
No person who has a tetrahydrocannabinols concentration
9of 5.0 or more may cause injury to another person by the operation of a snowmobile.
SB377,179 10Section 179 . 350.101 (2) (c) of the statutes is amended to read:
SB377,95,2011 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
12may proceed upon a complaint based upon a violation of any combination of par. (a),
13(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
14is charged with violating any combination of par. (a), (b), (bg), or (bm) in the
15complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
16of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident
17or occurrence, there shall be a single conviction for purposes of sentencing and for
18purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
19(bg), and (bm) each require proof of a fact for conviction which the others do not
20require.
SB377,180 21Section 180 . 350.101 (2) (d) 1. of the statutes is amended to read:
SB377,96,222 350.101 (2) (d) 1. In an action under this subsection, the defendant has a
23defense if he or she proves by a preponderance of the evidence that the injury would
24have occurred even if he or she had been exercising due care and he or she had not
25been under the influence of an intoxicant or did not have an alcohol concentration

1of 0.08 or more, a tetrahydrocannabinols concentration of 5.0 or more, or a detectable
2amount of a restricted controlled substance in his or her blood.
SB377,181 3Section 181 . 350.101 (2) (d) 2. of the statutes is amended to read:
SB377,96,104 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant
5allegedly having a detectable amount of methamphetamine, or
6gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
7the defendant has a defense if he or she proves by a preponderance of the evidence
8that at the time of the incident or occurrence he or she had a valid prescription for
9methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
10acid, or delta-9-tetrahydrocannabinol.
SB377,182 11Section 182 . 350.101 (2) (d) 3. of the statutes is created to read:
SB377,96,1612 350.101 (2) (d) 3. In an action under par. (bg) that is based on the defendant
13allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
14has a defense if he or she proves by a preponderance of the evidence that at the time
15of the incident or occurrence he or she had a valid prescription for
16tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,183 17Section 183 . 350.104 (4) of the statutes is amended to read:
SB377,97,218 350.104 (4) Admissibility; effect of test results; other evidence. The results
19of a chemical test required or administered under sub. (1), (2) or (3) are admissible
20in any civil or criminal action or proceeding arising out of the acts committed by a
21person alleged to have violated the intoxicated snowmobiling law on the issue of
22whether the person was under the influence of an intoxicant or the issue of whether
23the person had alcohol or tetrahydrocannabinols concentrations at or above specified
24levels or a detectable amount of a restricted controlled substance in his or her blood.
25Results of these chemical tests shall be given the effect required under s. 885.235.

1This section does not limit the right of a law enforcement officer to obtain evidence
2by any other lawful means.
SB377,184 3Section 184 . 350.11 (3) (a) 1. of the statutes is amended to read:
SB377,97,64 350.11 (3) (a) 1. Except as provided under subds. 2. and 3., a person who violates
5s. 350.101 (1) (a), (b), (bg), or (bm) or s. 350.104 (5) shall forfeit not less than $400 nor
6more than $550.
SB377,185 7Section 185 . 350.11 (3) (a) 2. of the statutes is amended to read:
SB377,97,128 350.11 (3) (a) 2. Except as provided under subd. 3., a person who violates s.
9350.101 (1) (a), (b), (bg), or (bm) or 350.104 (5) and who, within 5 years prior to the
10arrest for the current violation, was convicted previously under the intoxicated
11snowmobiling law or the refusal law shall be fined not less than $300 nor more than
12$1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
SB377,186 13Section 186 . 350.11 (3) (a) 3. of the statutes is amended to read:
SB377,97,1814 350.11 (3) (a) 3. A person who violates s. 350.101 (1) (a), (b), (bg), or (bm) or
15350.104 (5) and who, within 5 years prior to the arrest for the current violation, was
16convicted 2 or more times previously under the intoxicated snowmobiling law or
17refusal law shall be fined not less than $600 nor more than $2,000 and shall be
18imprisoned not less than 30 days nor more than one year in the county jail.
SB377,187 19Section 187 . 350.11 (3) (a) 4. of the statutes is amended to read:
SB377,97,2120 350.11 (3) (a) 4. A person who violates s. 350.101 (1) (c) or (cg) or 350.104 (5)
21and who has not attained the age of 19 shall forfeit not more than $50.
SB377,188 22Section 188 . 350.11 (3) (d) of the statutes is amended to read:
SB377,98,723 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs,
24or tetrahydrocannabinols
; assessment. In addition to any other penalty or order, a
25person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or

1940.25 if the violation involves the operation of a snowmobile, shall be ordered by the
2court to submit to and comply with an assessment by an approved public treatment
3facility for an examination of the person's use of alcohol, controlled substances or
4controlled substance analogs, or tetrahydrocannabinols. The assessment order shall
5comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an
6assessment ordered under this paragraph constitutes contempt of court, punishable
7under ch. 785.
SB377,189 8Section 189 . 609.83 of the statutes is amended to read:
SB377,98,11 9609.83 Coverage of drugs and devices. Limited service health
10organizations, preferred provider plans, and defined network plans are subject to ss.
11632.853 and 632.895 (16p) and (16t).
SB377,190 12Section 190 . 632.895 (16p) of the statutes is created to read:
SB377,98,1413 632.895 (16p) Medical use of marijuana. (a) In this subsection, “medical use
14of tetrahydrocannabinols” has the meaning given in s. 50.80 (4).
SB377,98,1915 (b) Every disability insurance policy and every self-insured health plan of the
16state or of a county, city, town, village, or school district that provides coverage of
17prescription drugs and devices shall provide coverage for the medical use of
18tetrahydrocannabinols in accordance with subch. VI of ch. 50 and any equipment or
19supplies necessary for the medical use of tetrahydrocannabinols.
SB377,98,2220 (c) Coverage under par. (b) may be subject only to the exclusions, limitations,
21and cost-sharing provisions that apply generally to the coverage of prescription
22drugs or devices that is provided under the policy or self-insured health plan.
SB377,191 23Section 191 . 767.41 (5) (am) (intro.) of the statutes is amended to read:
SB377,99,424 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining
25legal custody and periods of physical placement, the court shall consider all facts

1relevant to the best interest of the child. The court may not prefer one parent or
2potential custodian over the other on the basis of the sex or race of the parent or
3potential custodian. Subject to pars. (bm) and , (c), and (d), the court shall consider
4the following factors in making its determination:
SB377,192 5Section 192 . 767.41 (5) (d) of the statutes is created to read:
SB377,99,126 767.41 (5) (d) The court may not consider as a factor in determining the legal
7custody of a child whether a parent or potential custodian holds or has applied for
8a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject
9of a written certification, as defined in s. 50.80 (10), or is or has been a qualifying
10patient, as defined in s. 50.80 (6), or a primary caregiver, as defined in s. 50.80 (5),
11unless the parent or potential custodian's behavior creates an unreasonable danger
12to the child that can be clearly articulated and substantiated.
SB377,193 13Section 193 . 767.451 (5m) (a) of the statutes is amended to read:
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