SB377: Bill Text

SB377,156 Section 156 . 346.63 (2) (b) 1. of the statutes is amended to read:

SB377,90,2 346.63 (2) (b) 1. In an action under this subsection, 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, tetrahydrocannabinols, a controlled substance, a controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, did not have a prohibited alcohol or tetrahydrocannabinols concentration described under par. (a) 2., or did not have a detectable amount of a restricted controlled substance in his or her blood.

SB377,157 Section 157 . 346.63 (2) (b) 2. of the statutes is amended to read:

SB377,90,10 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant allegedly having a detectable amount of methamphetamine, or 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, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,158 Section 158 . 346.63 (2) (b) 3. of the statutes is created to read:

SB377,90,16 346.63 (2) (b) 3. In an action under par. (a) 2. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, 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 tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,159 Section 159 . 346.63 (2p) of the statutes is created to read:

SB377,90,25 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70 (2), the person may not drive or operate a motor vehicle while he or she has a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).

SB377,160 Section 160. 346.637 of the statutes is amended to read:

SB377,91,3 346.637 Driver awareness program. The department shall conduct a campaign to educate drivers in this state concerning:

SB377,91,7 (1) The laws relating to operating a motor vehicle and drinking alcohol, using tetrahydrocannabinols, controlled substances , or controlled substance analogs, or using any combination of alcohol, tetrahydrocannabinols, controlled substances, and controlled substance analogs.

SB377,91,10 (2) The effects of alcohol, tetrahydrocannabinols, controlled substances, or controlled substance analogs, or the use of them in any combination, on a person's ability to operate a motor vehicle.

SB377,161 Section 161 . 346.65 (2m) (a) of the statutes is amended to read:

SB377,91,20 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63 (1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall review the record and consider the aggravating and mitigating factors in the matter. If the amount of alcohol in the person's blood or urine or the amount of a restricted controlled substance or tetrahydrocannabinols in the person's blood is known, the court shall consider that amount as a factor in sentencing. The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under SCR 70.34, for the consideration of aggravating and mitigating factors.

SB377,162 Section 162 . 346.65 (2q) of the statutes is amended to read:

SB377,91,25 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2m) or (2p), the person shall be fined $400.

SB377,163 Section 163. 346.93 (1) of the statutes is amended to read:

SB377,92,9 346.93 (1) No underage person, as defined under s. 125.02 (20m), may knowingly possess, transport, or have under his or her control any alcohol beverage or tetrahydrocannabinols in any motor vehicle unless the. This subsection does not prohibit a person who is employed by a brewer, brewpub, alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer, or rectifier and is from possessing, transporting, or having such beverage alcohol beverages in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under s. 125.07 (4) (bm).

SB377,164 Section 164 . 346.935 (1) of the statutes is amended to read:

SB377,92,13 346.935 (1) No person may drink alcohol beverages ; burn, inhale, or ingest products containing tetrahydrocannabinol; or inhale nitrous oxide while he or she is in any motor vehicle when the vehicle is upon a highway.

SB377,165 Section 165 . 346.935 (2) of the statutes is amended to read:

SB377,92,19 346.935 (2) No person may possess on his or her person, in a privately owned motor vehicle upon a public highway, any bottle or receptacle containing alcohol beverages, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released.

SB377,166 Section 166 . 346.935 (3) of the statutes is amended to read:

SB377,93,5 346.935 (3) The owner of a privately owned motor vehicle, or the driver of the vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept in the motor vehicle when it is upon a highway any bottle or receptacle containing alcohol beverages, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle has been opened, the seal has been broken or the contents of the bottle or receptacle have been partially removed or released. This subsection does not apply if the bottle or receptacle is kept in the trunk of the vehicle or, if the vehicle has no trunk, in some other area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is considered to be within the area normally occupied by the driver and passengers.

SB377,167 Section 167 . 349.02 (2) (b) 4. of the statutes is amended to read:

SB377,93,8 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or 66.0107 (1) (bm).

SB377,168 Section 168 . 349.03 (2m) of the statutes is amended to read:

SB377,93,11 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).

SB377,169 Section 169 . 349.06 (1m) of the statutes is amended to read:

SB377,93,14 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).

SB377,170 Section 170 . 350.01 (10v) (a) of the statutes is amended to read:

SB377,93,17 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

SB377,171 Section 171 . 350.01 (10v) (e) of the statutes is repealed.

SB377,172 Section 172 . 350.01 (21g) of the statutes is created to read:

SB377,93,21 350.01 (21g) “Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

SB377,173 Section 173 . 350.101 (1) (bg) of the statutes is created to read:

SB377,93,25 350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or above specified levels. No person may engage in the operation of a snowmobile while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,174 Section 174. 350.101 (1) (cg) of the statutes is created to read:

SB377,94,5 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or above specified levels; below age 21. If a person has not attained the age of 21, the person may not engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0.

SB377,175 Section 175 . 350.101 (1) (d) of the statutes is amended to read:

SB377,94,15 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg), or (bm) 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. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a fact for conviction which the others do not require.

SB377,176 Section 176 . 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and amended to read:

SB377,94,24 350.101 (1) (e) 1. In an action under par. (bm) that is based on the defendant allegedly having a detectable amount of methamphetamine, or 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, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,177 Section 177 . 350.101 (1) (e) 2. of the statutes is created to read:

SB377,95,5 350.101 (1) (e) 2. In an action under par. (bg) or (cg) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, 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 tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,178 Section 178 . 350.101 (2) (bg) of the statutes is created to read:

SB377,95,9 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at or above specified levels. No person who has a tetrahydrocannabinols concentration of 5.0 or more may cause injury to another person by the operation of a snowmobile.

SB377,179 Section 179 . 350.101 (2) (c) of the statutes is amended to read:

SB377,95,20 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), (bg), or (bm) in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a), (b), (bg), or (bm) 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. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a fact for conviction which the others do not require.

SB377,180 Section 180 . 350.101 (2) (d) 1. of the statutes is amended to read:

SB377,96,2 350.101 (2) (d) 1. In an action under this subsection, 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 0.08 or more, a tetrahydrocannabinols concentration of 5.0 or more, or a detectable amount of a restricted controlled substance in his or her blood.

SB377,181 Section 181 . 350.101 (2) (d) 2. of the statutes is amended to read:

SB377,96,10 350.101 (2) (d) 2. In an action under par. (bm) that is based on the defendant allegedly having a detectable amount of methamphetamine, or 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, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,182 Section 182 . 350.101 (2) (d) 3. of the statutes is created to read:

SB377,96,16 350.101 (2) (d) 3. In an action under par. (bg) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, 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 tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,183 Section 183 . 350.104 (4) of the statutes is amended to read:

SB377,97,2 350.104 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2) or (3) 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 snowmobiling law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol or tetrahydrocannabinols 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 section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB377,184 Section 184 . 350.11 (3) (a) 1. of the statutes is amended to read:

SB377,97,6 350.11 (3) (a) 1. Except as provided under subds. 2. and 3., a person who violates s. 350.101 (1) (a), (b), (bg), or (bm) or s. 350.104 (5) shall forfeit not less than $400 nor more than $550.

SB377,185 Section 185 . 350.11 (3) (a) 2. of the statutes is amended to read:

SB377,97,12 350.11 (3) (a) 2. Except as provided under subd. 3., a person who violates s. 350.101 (1) (a), (b), (bg), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated snowmobiling 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.

SB377,186 Section 186 . 350.11 (3) (a) 3. of the statutes is amended to read:

SB377,97,18 350.11 (3) (a) 3. A person who violates s. 350.101 (1) (a), (b), (bg), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated snowmobiling 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.

SB377,187 Section 187 . 350.11 (3) (a) 4. of the statutes is amended to read:

SB377,97,21 350.11 (3) (a) 4. A person who violates s. 350.101 (1) (c) or (cg) or 350.104 (5) and who has not attained the age of 19 shall forfeit not more than $50.

SB377,188 Section 188 . 350.11 (3) (d) of the statutes is amended to read:

SB377,98,7 350.11 (3) (d) Alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols; assessment. In addition to any other penalty or order, a person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB377,189 Section 189 . 609.83 of the statutes is amended to read:

SB377,98,11 609.83 Coverage of drugs and devices. Limited service health organizations, preferred provider plans, and defined network plans are subject to ss. 632.853 and 632.895 (16p) and (16t).

SB377,190 Section 190 . 632.895 (16p) of the statutes is created to read:

SB377,98,14 632.895 (16p) Medical use of marijuana. (a) In this subsection, “medical use of tetrahydrocannabinols” has the meaning given in s. 50.80 (4).

SB377,98,19 (b) Every disability insurance policy and every self-insured health plan of the state or of a county, city, town, village, or school district that provides coverage of prescription drugs and devices shall provide coverage for the medical use of tetrahydrocannabinols in accordance with subch. VI of ch. 50 and any equipment or supplies necessary for the medical use of tetrahydrocannabinols.

SB377,98,22 (c) Coverage under par. (b) may be subject only to the exclusions, limitations, and cost-sharing provisions that apply generally to the coverage of prescription drugs or devices that is provided under the policy or self-insured health plan.

SB377,191 Section 191 . 767.41 (5) (am) (intro.) of the statutes is amended to read:

SB377,99,4 767.41 (5) (am) (intro.) Subject to pars. (bm) and, (c), and (d), in determining legal custody and periods of physical placement, the court shall consider all facts relevant to the best interest of the child. The court may not prefer one parent or potential custodian over the other on the basis of the sex or race of the parent or potential custodian. Subject to pars. (bm) and , (c), and (d), the court shall consider the following factors in making its determination:

SB377,192 Section 192 . 767.41 (5) (d) of the statutes is created to read:

SB377,99,12 767.41 (5) (d) The court may not consider as a factor in determining the legal custody of a child whether a parent or potential custodian holds or has applied for a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject of a written certification, as defined in s. 50.80 (10), or is or has been a qualifying patient, as defined in s. 50.80 (6), or a primary caregiver, as defined in s. 50.80 (5), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB377,193 Section 193 . 767.451 (5m) (a) of the statutes is amended to read:

SB377,99,17 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d) in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.

SB377,194 Section 194 . 767.451 (5m) (d) of the statutes is created to read:

SB377,99,24 767.451 (5m) (d) In an action to modify a legal custody order, the court may not consider as a factor in making a determination whether a parent or potential custodian holds or has applied for a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject of a written certification, as defined in s. 50.80 (10), or is or has been a qualifying patient, as defined in s. 50.80 (6), or a primary caregiver, as defined in s. 50.80 (5), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

SB377,195 Section 195 . 885.235 (1) (d) 1. of the statutes is amended to read:

SB377,100,5 885.235 (1) (d) 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

SB377,196 Section 196 . 885.235 (1) (d) 5. of the statutes is repealed.

SB377,197 Section 197 . 885.235 (1) (e) of the statutes is created to read:

SB377,100,9 885.235 (1) (e) “Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

SB377,198 Section 198 . 885.235 (1g) (intro.) of the statutes is amended to read: