Amendment AA10-SB70

SB70-AA10,55,14 961.455 (1) Any person who has attained the age of 17 years adult who knowingly solicits, hires, directs, employs, or uses a person who is under the age of 17 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.

SB70-AA10,60 Section 60. 961.455 (2) of the statutes is amended to read:

SB70-AA10,55,20 961.455 (2) The knowledge requirement under sub. (1) does not require proof of knowledge of the age of the child minor. It is not a defense to a prosecution under this section that the actor mistakenly believed that the person solicited, hired, directed, employed, or used under sub. (1) had attained the age of 18 years, even if the mistaken belief was reasonable.

SB70-AA10,61 Section 61 . 961.46 of the statutes is amended to read:

SB70-AA10,56,2 961.46 Distribution to persons under age 18 minors. If a person 17 years of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled substance or a controlled substance analog to a person 17 years of age or under minor who is at least 3 years his or her junior, the applicable maximum term of imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not more than 5 years.

SB70-AA10,62 Section 62. 961.573 (2) of the statutes is amended to read:

SB70-AA10,56,5 961.573 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-AA10,63 Section 63. 961.574 (2) of the statutes is amended to read:

SB70-AA10,56,8 961.574 (2) Any person minor who violates sub. (1) who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-AA10,64 Section 64. 961.575 (1) of the statutes is amended to read:

SB70-AA10,56,13 961.575 (1) Any person 17 years of age or over adult who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under minor who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB70-AA10,65 Section 65. 961.575 (2) of the statutes is amended to read:

SB70-AA10,56,16 961.575 (2) Any person minor who violates this section who is under 17 years of age is subject to a disposition under s. 938.344 (2e).

SB70-AA10,66 Section 66. 961.575 (3) of the statutes is amended to read:

SB70-AA10,56,20 961.575 (3) Any person 17 years of age or over adult who violates s. 961.574 (3) by delivering drug paraphernalia to a person 17 years of age or under minor is guilty of a Class G felony.

SB70-AA10,67 Section 67. 990.01 (3) of the statutes is amended to read:

SB70-AA10,56,25 990.01 (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.

SB70-AA10,68 Section 68. 990.01 (20) of the statutes is amended to read:

SB70-AA10,57,5 990.01 (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.

SB70-AA10,9308 Section 9308. Initial applicability; Corrections.

SB70-AA10,57,17 (1) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44, 48.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3), 938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and (b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), (2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title) of ch. 938 first applies to a violation of a criminal law, civil law, or municipal ordinance allegedly committed on the effective date of this subsection.

SB70-AA10,9408 Section 9408. Effective dates; Corrections.

SB70-AA10,58,3 (1) Age of adult jurisdiction. The treatment of ss. 48.02 (1d) and (2), 48.44, 48.45 (1) (a) and (am) and (3), 118.163 (4), 125.07 (4) (d) and (e) 1., 125.085 (3) (bt), 165.83 (1) (c) 1. and 2., 301.12 (2m) and (14) (a), 302.31 (7), 938.02 (1) and (10m), 938.12 (2), 938.18 (2), 938.183 (3), 938.255 (1) (intro.), 938.34 (8), 938.343 (2), 938.344 (3), 938.35 (1m), 938.355 (4) (b) and (4m) (a), 938.39, 938.44, 938.45 (1) (a) and (3), 938.48 (4m) (title), (a), and (b) and (14), 938.57 (3) (title), (a) (intro.), 1., and 3., and (b), 946.50 (intro.), 948.01 (1), 948.11 (2) (am) (intro.), 948.45 (1), 948.60 (2) (d), 948.61 (4), 961.455 (title), (1), and (2), 961.46, 961.573 (2), 961.574 (2), 961.575 (1), (2), and (3), and 990.01 (3) and (20), subch. IX (title) of ch. 48, and subch. IX (title) of ch. 938 and Section 9308 (1) of this act take effect on January 1, 2024.”.

SB70-AA10,58,4 218. Page 374, line 11: after that line insert:

SB70-AA10,58,5 “ Section 69. 20.625 (1) (h) of the statutes is repealed.

SB70-AA10,70 Section 70. 973.25 (4) (a) of the statutes is amended to read:

SB70-AA10,58,12 973.25 (4) (a) An offender may file an application for a certificate of qualification for employment with the council on offender employment on a form to be provided by the director of state courts along with an application fee of $20 that shall be deposited in the appropriation under s. 20.625 (1) (h). The council may waive the fee if the offender submits an affidavit along with the application in which he or she swears or affirms that he or she is unable to pay the application fee.

SB70-AA10,9207 Section 9207. Fiscal changes; Circuit Courts.

SB70-AA10,58,17 (1) Certificates of qualification for employment appropriation. The unencumbered balance in s. 20.625 (1) (h), 2021 stats., is transferred to s. 20.625 (1) (g), and the amounts in the schedule for s. 20.625 (1) (g) are increased by the amount transferred.

SB70-AA10,9307 Section 9307. Initial applicability; Circuit Courts.

SB70-AA10,58,21 (1) Certificates of qualification for employment. The treatment of s. 973.25 (4) (a) first applies to an application submitted on the effective date of this subsection.”.

SB70-AA10,58,22 219. Page 374, line 11: after that line insert:

SB70-AA10,58,23 “ Section 71. 20.625 (1) (cg) of the statutes is amended to read:

SB70-AA10,59,3 20.625 (1) (cg) Circuit court costs; generally. Biennially, the amounts in the schedule to make payments to counties for circuit court costs under s. 758.19 (5) (am) to (i).

SB70-AA10,72 Section 72. 20.625 (1) (d) of the statutes is created to read:

SB70-AA10,59,7 20.625 (1) (d) Circuit court costs; pretrial risk assessments. Biennially, the amounts in the schedule to reimburse counties for circuit court costs under s. 758.19 (5) (j).

SB70-AA10,73 Section 73. 758.19 (5) (j) of the statutes is created to read:

SB70-AA10,59,12 758.19 (5) (j) Notwithstanding par. (b), the director of state courts shall make payments from the appropriation under s. 20.625 (1) (d) to counties to reimburse counties for circuit court costs related to implementing the use of pretrial risk assessments.”.

SB70-AA10,59,13 220. Page 374, line 11: after that line insert:

SB70-AA10,59,14 “ Section 74. 134.66 (title) of the statutes is amended to read:

SB70-AA10,59,16 134.66 (title) Restrictions on sale or gift of cigarettes or nicotine, vapor, or tobacco products.

SB70-AA10,75 Section 75. 134.66 (1) (jm) of the statutes is created to read:

SB70-AA10,59,18 134.66 (1) (jm) “Vapor product" has the meaning given in s. 139.75 (14).

SB70-AA10,76 Section 76. 134.66 (2) (a), (am), (b) and (cm) 1m. of the statutes are amended to read:

SB70-AA10,60,6 134.66 (2) (a) No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, or tobacco products, or vapor products to any person under the age of 18 21, except as provided in s. 254.92 (2) (a). A vending machine operator is not liable under this paragraph for the purchase of cigarettes, nicotine products, or tobacco products, or vapor products from his or her vending machine by a person under the age of 18 21 if the vending machine operator was unaware of the purchase.

SB70-AA10,60,15 (am) No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products, or tobacco products, or vapor products to any person except in a place where no person younger than 18 21 years of age is present or permitted to enter unless the person who is younger than 18 21 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 21 years.

SB70-AA10,60,19 (b) 1. A retailer shall post a sign in areas within his or her premises where cigarettes or, tobacco products , or vapor products are sold to consumers stating that the sale of any cigarette or, tobacco product, or vapor product to a person under the age of 18 21 is unlawful under this section and s. 254.92.

SB70-AA10,60,23 2. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or, tobacco product, or vapor product by a person under the age of 18 21 is unlawful under s. 254.92 and that the purchaser is subject to a forfeiture of not to exceed $50.

SB70-AA10,61,4 (cm) 1m. A retailer or vending machine operator may not sell cigarettes or, tobacco products, or vapor products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 21 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 21 years.

SB70-AA10,77 Section 77. 134.66 (2m) (a) of the statutes is amended to read:

SB70-AA10,61,20 134.66 (2m) (a) Except as provided in par. (b), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes, vapor products, or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with sub. (2) (a) and (am), including training on the penalties under sub. (4) (a) 2. for a violation of sub. (2) (a) or (am). The department of health services shall make available to any retailer on request a training program developed or approved by that department that provides the training required under this paragraph. A retailer may comply with this paragraph by providing the training program developed or approved by the department of health services or by providing a comparable training program approved by that department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the department of health services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee, or independent contractor.

SB70-AA10,78 Section 78. 134.66 (3) of the statutes is amended to read:

SB70-AA10,62,2 134.66 (3) Defense; sale to minor. Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes or, tobacco products, or vapor products to a person under the age of 18 21 is a defense to any prosecution, or a complaint made under s. 134.65 (7), for a violation of sub. (2) (a):

SB70-AA10,62,4 (a) That the purchaser falsely represented that he or she had attained the age of 18 21 and presented an identification card.

SB70-AA10,62,6 (b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18 21.

SB70-AA10,62,9 (c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18 21.

SB70-AA10,79 Section 79. 139.345 (3) (a) (intro.) of the statutes is amended to read:

SB70-AA10,62,12 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the consumer is at least 18 21 years of age by any of the following methods:

SB70-AA10,80 Section 80. 139.345 (3) (b) 2. of the statutes is amended to read:

SB70-AA10,62,16 139.345 (3) (b) 2. That the consumer understands that no person who is under 18 21 years of age may purchase or possess cigarettes or falsely represent his or her age for the purpose of receiving cigarettes, as provided under s. 254.92.

SB70-AA10,81 Section 81. 139.345 (7) (a) of the statutes is amended to read:

SB70-AA10,62,25 139.345 (7) (a) No person may deliver a package of cigarettes sold by direct marketing to a consumer in this state unless the person making the delivery receives a government issued identification card from the person receiving the package and verifies that the person receiving the package is at least 18 21 years of age. If the person receiving the package is not the person to whom the package is addressed, the person delivering the package shall have the person receiving the package sign a statement that affirms that the person to whom the package is addressed is at least 18 21 years of age.

SB70-AA10,82 Section 82. Subchapter IX (title) of chapter 254 [precedes 254.911] of the statutes is amended to read:

SB70-AA10,63,3 CHAPTER 254

SB70-AA10,63,4 SUBCHAPTER IX

SB70-AA10,63,5 SALE OR GIFT OF CIGARETTES,

SB70-AA10,63,6 NICOTINE PRODUCTS, VAPOR

SB70-AA10,63,7 PRODUCTS, OR TOBACCO

SB70-AA10,63,8 PRODUCTS TO MINORS

SB70-AA10,83 Section 83. 254.911 (11) of the statutes is created to read:

SB70-AA10,63,10 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).

SB70-AA10,84 Section 84. 254.916 (2) (intro.) of the statutes is amended to read:

SB70-AA10,63,15 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A person under 18 21 years of age, but not under 15 years of age, may buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product, or vapor product if all of the following are true:

SB70-AA10,85 Section 85. 254.916 (2) (d) of the statutes is created to read:

SB70-AA10,63,18 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained permission from his or her parent or guardian to participate in the investigation.

SB70-AA10,86 Section 86. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:

SB70-AA10,63,21 254.916 (3) (a) If questioned about his or her age during the course of an investigation, the minor person under 21 years of age shall state his or her true age.

SB70-AA10,63,23 (b) A minor person under 21 years of age may not be used for the purposes of an investigation at a retail outlet at which the minor person is a regular customer.

SB70-AA10,63,25 (c) The appearance of a minor person under 21 years of age may not be materially altered so as to indicate greater age.

SB70-AA10,64,5 (d) A photograph or videotape of the minor person under 21 years of age shall be made before or after the investigation or series of investigations on the day of the investigation or series of investigations. If a prosecution results from an investigation, the photograph or videotape shall be retained until the final disposition of the case.

SB70-AA10,87 Section 87. 254.916 (3) (f) 2. of the statutes is amended to read:

SB70-AA10,64,7 254.916 (3) (f) 2. The age of the minor person under 21 years of age.

SB70-AA10,88 Section 88. 254.916 (11) of the statutes is amended to read:

SB70-AA10,64,22 254.916 (11) A person conducting an investigation under this section may not have a financial interest in a regulated cigarette and tobacco product retailer, a vapor product retailer, a tobacco vending machine operator, a tobacco vending machine premises, or a tobacco vending machine that may interfere with his or her ability to properly conduct that investigation. A person who is investigated under this section may request the local health department or local law enforcement agency that contracted for the investigation to conduct a review under ch. 68 to determine whether the person conducting the investigation is in compliance with this subsection or, if applicable, may request the state agency or state law enforcement agency that contracted for the investigation to conduct a contested case hearing under ch. 227 to make that determination. The results of an investigation that is conducted by a person who is not in compliance with this subsection may not be used to prosecute a violation of s. 134.66 (2) (a) or (am) or a local ordinance adopted under s. 134.66 (5).

SB70-AA10,89 Section 89. 254.92 (title) of the statutes is amended to read:

SB70-AA10,64,25 254.92 (title) Purchase or possession of cigarettes or, tobacco products, nicotine products, or vapor products by person under 18 21 prohibited.

SB70-AA10,90 Section 90. 254.92 (1) of the statutes is amended to read:

SB70-AA10,65,4 254.92 (1) No person under 18 21 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, or tobacco product, or vapor product.

SB70-AA10,91 Section 91. 254.92 (2) of the statutes is amended to read: