SB377: Bill Text

SB377,100,24 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove that a person was under the influence of an intoxicant or had a prohibited alcohol or tetrahydrocannabinols concentration or a specified alcohol concentration while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle or utility terrain vehicle or while handling a firearm, evidence of the amount of alcohol or tetrahydrocannabinols in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she was under the influence of an intoxicant or had a prohibited alcohol or tetrahydrocannabinols concentration or a specified alcohol concentration if the sample was taken within 3 hours after the event to be proved. The chemical analysis shall be given effect as follows without requiring any expert testimony as to its effect:

SB377,199 Section 199 . 885.235 (1g) (ag) of the statutes is created to read:

SB377,101,6 885.235 (1g) (ag) The fact that the analysis shows that the person had a tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant evidence on the issue of being under the combined influence of tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance analog, or any other drug, but, except as provided in sub. (1L), is not to be given any prima facie effect.

SB377,200 Section 200 . 885.235 (1g) (cg) of the statutes is created to read:

SB377,101,10 885.235 (1g) (cg) The fact that the analysis shows that the person had a tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he or she had a tetrahydrocannabinols concentration of 5.0 or more.

SB377,201 Section 201 . 885.235 (1L) of the statutes is created to read:

SB377,101,22 885.235 (1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine, is admissible on the issue of whether he or she had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0 is prima facie evidence that the person had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).

SB377,202 Section 202 . 885.235 (1m) of the statutes is amended to read:

SB377,102,10 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.08 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

SB377,203 Section 203 . 885.235 (4) of the statutes is amended to read:

SB377,102,22 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol or tetrahydrocannabinols concentration or intoxication or for determining whether a person had a detectable amount of a restricted controlled substance in his or her blood shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a detectable amount of a restricted controlled substance in his or her blood, had a specified alcohol or tetrahydrocannabinols concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn) 1., 346.63 (2m), or 350.101 (1) (c), or had a tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).

SB377,204 Section 204 . 895.047 (3) (a) of the statutes is amended to read:

SB377,103,5 895.047 (3) (a) If the defendant proves by clear and convincing evidence that at the time of the injury the claimant was under the influence of any controlled substance or controlled substance analog to the extent prohibited under s. 346.63 (1) (a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or a tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k), of 5.0 or more, there shall be a rebuttable presumption that the claimant's intoxication or drug use was the cause of his or her injury.

SB377,205 Section 205 . 905.04 (4) (f) of the statutes is amended to read:

SB377,103,10 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results of or circumstances surrounding any chemical tests for intoxication or for alcohol concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k).

SB377,206 Section 206 . 939.22 (33) (a) of the statutes is amended to read:

SB377,103,13 939.22 (33) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

SB377,207 Section 207 . 939.22 (33) (e) of the statutes is repealed.

SB377,208 Section 208 . 939.22 (39g) of the statutes is created to read:

SB377,103,17 939.22 (39g) “Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

SB377,209 Section 209 . 940.09 (1) (bg) of the statutes is created to read:

SB377,103,20 940.09 (1) (bg) Causes the death of another by the operation or handling of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,210 Section 210 . 940.09 (1) (dg) of the statutes is created to read:

SB377,103,24 940.09 (1) (dg) Causes the death of an unborn child by the operation or handling of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,211 Section 211 . 940.09 (1g) (bg) of the statutes is created to read:

SB377,104,3 940.09 (1g) (bg) Causes the death of another by the operation or handling of a firearm or airgun while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,212 Section 212 . 940.09 (1g) (dg) of the statutes is created to read:

SB377,104,7 940.09 (1g) (dg) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,213 Section 213 . 940.09 (1m) (a) of the statutes is amended to read:

SB377,104,14 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of sub. (1) (c), (cm), or (d), or (dg); any combination of sub. (1) (c), (cm), (dg), or (e); any combination of sub. (1g) (a), (am), or (b), or (bg); or any combination of sub. (1g) (c), (cm), or (d), or (dg) for acts arising out of the same incident or occurrence.

SB377,214 Section 214 . 940.09 (1m) (b) of the statutes is amended to read:

SB377,104,25 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged 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. 23.33 (13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (bg), (c), (cm), and (d), and (dg) each require proof of a fact for conviction which the others do not require.

SB377,215 Section 215. 940.09 (2) (a) of the statutes is amended to read:

SB377,105,8 940.09 (2) (a) In any action under this section, the defendant has a defense if he or she proves by a preponderance of the evidence that the death 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, did not have a detectable amount of a restricted controlled substance in his or her blood, did not have a tetrahydrocannabinols concentration of 5.0 or greater, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).

SB377,216 Section 216 . 940.09 (2) (b) of the statutes is amended to read:

SB377,105,17 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) 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.

SB377,217 Section 217 . 940.09 (2) (c) of the statutes is created to read:

SB377,105,24 940.09 (2) (c) In an action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is based on the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, 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).

SB377,218 Section 218 . 940.25 (1) (bg) of the statutes is created to read:

SB377,106,3 940.25 (1) (bg) Causes great bodily harm to another human being by the operation of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,219 Section 219 . 940.25 (1) (dg) of the statutes is created to read:

SB377,106,7 940.25 (1) (dg) Causes great bodily harm to an unborn child by the operation of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,220 Section 220 . 940.25 (1m) of the statutes is amended to read:

SB377,106,13 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of sub. (1) (c), (cm), or (d), or (dg); or any combination of sub. (1) (c), (cm), (dg), or (e) for acts arising out of the same incident or occurrence.

SB377,106,22 (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged 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. 23.33 (13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others do not require.

SB377,221 Section 221 . 940.25 (2) (a) of the statutes is amended to read:

SB377,107,5 940.25 (2) (a) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm 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, did not have a detectable amount of a restricted controlled substance in his or her blood, did not have a tetrahydrocannabinols concentration of 5.0 or greater, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e).

SB377,222 Section 222 . 940.25 (2) (b) of the statutes is amended to read:

SB377,107,13 940.25 (2) (b) In any action under this section 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.

SB377,223 Section 223 . 940.25 (2) (c) of the statutes is created to read:

SB377,107,19 940.25 (2) (c) In any action under this section that is based on the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, 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).

SB377,224 Section 224 . 941.20 (1) (bg) of the statutes is created to read:

SB377,108,2 941.20 (1) (bg) Operates or goes armed with a firearm while he or she has a tetrahydrocannabinols concentration that is 5.0 or greater. A defendant has a defense to any action under this paragraph 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).

SB377,225 Section 225 . 941.20 (1) (bm) of the statutes is amended to read:

SB377,108,12 941.20 (1) (bm) Operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph 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, 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.

SB377,226 Section 226 . 961.01 (14) of the statutes is renumbered 961.70 (3) and amended to read:

SB377,108,24 961.70 (3) “Marijuana" means all parts of the plants of the genus Cannabis, whether growing or not, with a tetrahydrocannabinols concentration that is greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana" does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture , or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

SB377,227 Section 227 . 961.11 (4g) of the statutes is repealed.

SB377,228 Section 228. 961.14 (4) (t) of the statutes is repealed.

SB377,229 Section 229 . 961.32 (2m) of the statutes is repealed.

SB377,230 Section 230 . 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as renumbered, is amended to read:

SB377,109,5 961.75 (title) Controlled substances Marijuana therapeutic research.

SB377,231 Section 231 . 961.38 (1n) of the statutes is repealed.

SB377,232 Section 232 . 961.41 (1) (h) of the statutes is repealed.

SB377,233 Section 233 . 961.41 (1m) (h) of the statutes is repealed.

SB377,234 Section 234 . 961.41 (1q) of the statutes is repealed.

SB377,235 Section 235 . 961.41 (1r) of the statutes is amended to read:

SB377,109,20 961.41 (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), the amount of tetrahydrocannabinols means anything included under s. 961.14 (4) (t) and includes the weight of any marijuana.

SB377,236 Section 236 . 961.41 (3g) (c) of the statutes is amended to read:

SB377,110,6 961.41 (3g) (c) Cocaine and cocaine base. If a person possesses or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail 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.

SB377,237 Section 237 . 961.41 (3g) (d) of the statutes is amended to read:

SB377,110,24 961.41 (3g) (d) Certain hallucinogenic and stimulant drugs. If a person possesses or attempts to possess lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of lysergic acid diethylamide, phencyclidine, amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone, N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm), (u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than $5,000 or imprisoned for not more than one year in the county jail 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.

SB377,238 Section 238 . 961.41 (3g) (e) of the statutes is repealed.

SB377,239 Section 239. 961.41 (3g) (em) of the statutes is amended to read:

SB377,111,12 961.41 (3g) (em) Synthetic cannabinoids. If a person possesses or attempts to possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance analog of a controlled substance specified in s. 961.14 (4) (tb), 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.

SB377,240 Section 240 . 961.47 (1) of the statutes is amended to read:

SB377,112,4 961.47 (1) Whenever any person who has not previously been convicted of any offense under this chapter, or of any offense under any statute of the United States or of any state or of any county ordinance relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted possession of a controlled substance or controlled substance analog under s. 961.41 (3g) (b), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be only one discharge and dismissal under this section with respect to any person.

SB377,241 Section 241 . 961.48 (3) of the statutes is amended to read:

SB377,112,11 961.48 (3) For purposes of this section, a felony offense under this chapter 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 offense under this chapter or under any statute of the United States or of any state relating to controlled substances or controlled substance analogs, narcotic drugs, marijuana or depressant, stimulant, or hallucinogenic drugs.

SB377,242 Section 242 . 961.48 (5) of the statutes is amended to read:

SB377,112,14 961.48 (5) This section does not apply if the person is presently charged with a felony under s. 961.41 (3g) (c), (d), (e), or (g).

SB377,243 Section 243 . 961.49 (1m) (intro.) of the statutes is amended to read:

SB377,112,23 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, heroin, phencyclidine, lysergic acid diethylamide, psilocin, psilocybin, amphetamine, methamphetamine, or methcathinone or any form of tetrahydrocannabinols or a controlled substance analog of any of these substances and the delivery, distribution or possession takes place under any of the following circumstances, the maximum term of imprisonment prescribed by law for that crime may be increased by 5 years:

SB377,244 Section 244 . 961.571 (1) (a) 7. of the statutes is repealed.

SB377,245 Section 245 . 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

SB377,113,3 961.571 (1) (a) 11. (intro.) Objects used, designed for use or primarily intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

SB377,246 Section 246 . 961.571 (1) (a) 11. e. of the statutes is repealed.

SB377,247 Section 247 . 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

SB377,248 Section 248 . Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read: