AB43: Bill Text

AB43,,9674 938.45 (1) (a) If in the hearing of a case of a juvenile alleged to be delinquent under s. 938.12 or in need of protection or services under s. 938.13 it appears that any person 17 years of age or older adult has been guilty of contributing to, encouraging, or tending to cause by any act or omission, such that condition of the juvenile, the court may make orders with respect to the conduct of that person in his or her relationship to the juvenile, including orders relating to determining the ability of the person to provide for the maintenance or care of the juvenile and directing when, how, and from where funds for the maintenance or care shall be paid.

AB43,3288 Section 3288. 938.45 (3) of the statutes is amended to read:

AB43,,9676 938.45 (3) Prosecution of adult contributing to delinquency of juvenile. If it appears at a court hearing that any person 17 years of age or older adult has violated s. 948.40, the court shall refer the record to the district attorney. This subsection does not prohibit prosecution of violations of s. 948.40 without the prior reference by the court to the district attorney.

AB43,3289 Section 3289. 938.48 (4m) (title) of the statutes is amended to read:

AB43,,9678 938.48 (4m) (title) Continuing care and services for juveniles over 17 who become adults.

AB43,3290 Section 3290. 938.48 (4m) (a) of the statutes is amended to read:

AB43,,9680 938.48 (4m) (a) Is at least 17 years of age an adult.

AB43,3291 Section 3291. 938.48 (4m) (b) of the statutes is amended to read:

AB43,,9682 938.48 (4m) (b) Was under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) when the person reached 17 years of age became an adult.

AB43,3292 Section 3292. 938.48 (14) of the statutes is amended to read:

AB43,,9684 938.48 (14) School-related expenses for juveniles over 17 who become adults. Pay maintenance, tuition, and related expenses from the appropriation under s. 20.410 (3) (ho) for persons who, when they attained 17 years of age became adults, were students regularly attending a school, college, or university or regularly attending a course of vocational or technical training designed to prepare them for gainful employment, and who upon attaining that age becoming adults were under the supervision of the department under s. 938.183, 938.34 (4h), or 938.357 (3) or (4) as a result of a judicial decision.

AB43,3293 Section 3293. 938.57 (3) (title) of the statutes is amended to read:

AB43,,9686 938.57 (3) (title) Continuing maintenance for juveniles over 17 who become adults.

AB43,3294 Section 3294. 938.57 (3) (a) (intro.) of the statutes is amended to read:

AB43,,9688 938.57 (3) (a) (intro.) From the reimbursement received under s. 48.569 (1) (d), counties may provide funding for the maintenance of any juvenile person who meets all of the following qualifications:

AB43,3295 Section 3295. 938.57 (3) (a) 1. of the statutes is amended to read:

AB43,,9690 938.57 (3) (a) 1. Is 17 years of age or older an adult.

AB43,3296 Section 3296. 938.57 (3) (a) 3. of the statutes is amended to read:

AB43,,9692 938.57 (3) (a) 3. Received funding under s. 48.569 (1) (d) immediately prior to his or her 17th birthday becoming an adult.

AB43,3297 Section 3297. 938.57 (3) (b) of the statutes is amended to read:

AB43,,9694 938.57 (3) (b) The funding provided for the maintenance of a juvenile person under par. (a) shall be in an amount equal to that which the juvenile person would receive under s. 48.569 (1) (d) if the person were a juvenile were 16 years of age.

AB43,3298 Section 3298. 941.237 (1) (d) of the statutes is amended to read:

AB43,,9696 941.237 (1) (d) “Handgun” has the meaning given in s. 175.35 (1) (b) means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

AB43,3299 Section 3299. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

AB43,,9698 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (2), unless at least 2 years have passed since the conviction.

AB43,,9699 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (2), unless at least 2 years have passed since the adjudication.

AB43,,9700 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2) by reason of mental disease or defect, unless at least 2 years have passed since the finding.

AB43,3300 Section 3300. 941.29 (1m) (f) of the statutes is amended to read:

AB43,,9702 941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12 or 813.122, a temporary restraining order or an injunction issued under s. 813.124, or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 813.128 (3g).

AB43,3301 Section 3301. 941.296 (1) (b) of the statutes is amended to read:

AB43,,9704 941.296 (1) (b) “Handgun” has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

AB43,3302 Section 3302. 941.315 (5) of the statutes is amended to read:

AB43,,9706 941.315 (5) (a) Subsection (2) does not apply to a person to whom nitrous oxide is administered for the purpose of providing medical or dental care, if the nitrous oxide is administered by a physician or, dentist, or dental therapist or at the direction or under the supervision of a physician or, dentist, or dental therapist.

AB43,,9707 (b) Subsection (3) does not apply to the administration of nitrous oxide by a physician or, dentist, or dental therapist, or by another person at the direction or under the supervision of a physician or, dentist, or dental therapist, for the purpose of providing medical or dental care.

AB43,,9708 (c) Subsection (3) (c) does not apply to the sale to a hospital, health care clinic or other health care organization or to a physician or, dentist, or dental therapist of any object used, designed for use or primarily intended for use in administering nitrous oxide for the purpose of providing medical or dental care.

AB43,3303 Section 3303. 943.20 (2) (c) of the statutes is amended to read:

AB43,,9710 943.20 (2) (c) “Property of another” includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife married to each other.

AB43,3304 Section 3304. 943.201 (1) (b) 8. of the statutes is amended to read:

AB43,,9712 943.201 (1) (b) 8. The maiden name surname of an individual’s mother parent before marriage if the surname was changed as a result of marriage.

AB43,3305 Section 3305. 943.205 (2) (b) of the statutes is amended to read:

AB43,,9714 943.205 (2) (b) “Owner” includes a co-owner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife married to each other.

AB43,3306 Section 3306. 943.395 (1) (e) of the statutes is created to read:

AB43,,9716 943.395 (1) (e) Presents an application for worker’s compensation insurance coverage that is false or fraudulent or that falsely or fraudulently misclassifies employees to lower worker’s compensation insurance premiums.

AB43,3307 Section 3307. 946.15 of the statutes is created to read:

AB43,,9718 946.15 Public construction contracts at less than full rate. (1) Any employer, or any agent or employee of an employer, who induces any individual who seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any part of the compensation to which that individual is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB43,,9719 (2) Any individual employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB43,,9720 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any individual who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the individual’s pay is guilty of a Class I felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB43,,9721 (4) Any individual employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages to which that individual is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB43,3308 Section 3308. 946.50 (intro.) of the statutes is amended to read:

AB43,,9723 946.50 Absconding. (intro.) Any person who is adjudicated delinquent, but who intentionally fails to appear before the court assigned to exercise jurisdiction under chs. 48 and 938 for his or her dispositional hearing under s. 938.335, and who does not return to that court for a dispositional hearing before attaining the age of 17 years becoming an adult is guilty of the following:

AB43,3309 Section 3309. 947.20 of the statutes is repealed.

AB43,3310 Section 3310. 947.21 of the statutes is repealed.

AB43,3311 Section 3311. 948.01 (1) of the statutes is amended to read:

AB43,,9727 948.01 (1) “Child” means a person who has not attained the age of 18 years, except that for purposes of prosecuting a person who is alleged to have violated a state or federal criminal law, “child” does not include a person who has attained the age of 17 years.

AB43,3312 Section 3312. 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB43,,9729 948.11 (2) (am) (intro.) Any person who has attained the age of 17 and adult who, with knowledge of the character and content of the description or narrative account, verbally communicates, by any means, a harmful description or narrative account to a child, with or without monetary consideration, is guilty of a Class I felony if any of the following applies:

AB43,3313 Section 3313. 948.45 (1) of the statutes is amended to read:

AB43,,9731 948.45 (1) Except as provided in sub. (2), any person 17 years of age or older adult who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16 (1) (c), of a person 17 years of age or under child is guilty of a Class C misdemeanor.

AB43,3314 Section 3314. 948.60 (2) (d) of the statutes is amended to read:

AB43,,9733 948.60 (2) (d) A person under 17 years of age child who has violated this subsection is subject to the provisions of ch. 938 unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB43,3315 Section 3315. 948.61 (4) of the statutes is amended to read:

AB43,,9735 948.61 (4) A person under 17 years of age child who has violated this section is subject to the provisions of ch. 938, unless jurisdiction is waived under s. 938.18 or the person is subject to the jurisdiction of a court of criminal jurisdiction under s. 938.183.

AB43,3316 Section 3316. 950.04 (1v) (g) of the statutes is amended to read:

AB43,,9737 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and, 972.14 (3) (b), and 973.015 (1m) (c).

AB43,3317 Section 3317. 961.01 (14) of the statutes is renumbered 961.70 (2) and amended to read:

AB43,,9739 961.70 (2) “Marijuana” means all parts of the plants of the genus Cannabis, whether growing or not; 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 if the tetrahydrocannabinols concentration of the plant part, seeds, resin, compound, manufacture, salt, derivative, mixture, or preparation is greater than 0.3 percent on a dry weight basis. “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. “Marijuana” does not include hemp, as defined in s. 94.55 (1).

AB43,3318 Section 3318. 961.01 (19) (a) of the statutes is amended to read:

AB43,,9741 961.01 (19) (a) A physician, advanced practice registered nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.975 (1) (b), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

AB43,3319 Section 3319. 961.11 (4g) of the statutes is repealed.

AB43,3320 Section 3320. 961.14 (4) (t) of the statutes is repealed.

AB43,3321 Section 3321. 961.32 (2m) of the statutes is repealed.

AB43,3322 Section 3322. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as renumbered, is amended to read:

AB43,,9746 961.75 (title) Controlled substances Marijuana therapeutic research.

AB43,3323 Section 3323. 961.38 (1n) of the statutes is repealed.

AB43,3324 Section 3324. 961.395 of the statutes is amended to read:

AB43,,9749 961.395 Limitation on advanced practice registered nurses. (1) An advanced practice registered nurse who is certified may issue prescription orders under s. 441.16 441.09 (2) may prescribe controlled substances only as permitted by the rules promulgated under s. 441.16 (3) 441.09 (6) (a) 4.

AB43,,9750 (2) An advanced practice registered nurse certified under s. 441.16 who may issue prescription orders under s. 441.09 (2) shall include with each prescription order the advanced practice nurse prescriber certification license number issued to him or her by the board of nursing.

AB43,,9751 (3) An advanced practice registered nurse certified under s. 441.16 who may issue prescription orders under s. 441.09 (2) may dispense a controlled substance only by prescribing or administering the controlled substance or as otherwise permitted by the rules promulgated under s. 441.16 (3) 441.09 (6) (a) 4.

AB43,3325 Section 3325. 961.41 (1) (h) of the statutes is repealed.

AB43,3326 Section 3326. 961.41 (1m) (h) of the statutes is repealed.

AB43,3327 Section 3327. 961.41 (1q) of the statutes is repealed.

AB43,3328 Section 3328. 961.41 (1r) of the statutes is amended to read:

AB43,,9756 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, fentanyl, a fentanyl analog, 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.

AB43,3329 Section 3329. 961.41 (1x) of the statutes is amended to read:

AB43,,9758 961.41 (1x) Conspiracy. Any person who conspires, as specified in s. 939.31, to commit a crime under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g) is subject to the applicable penalties under sub. (1) (cm) to (h) (g) or (1m) (cm) to (h) (g).

AB43,3330 Section 3330. 961.41 (3g) (c) of the statutes is amended to read:

AB43,,9760 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.

AB43,3331 Section 3331. 961.41 (3g) (d) of the statutes is amended to read:

AB43,,9762 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.