AB50: Bill Text

AB50,1585,6 948.01 (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.

AB50,3191 Section 3191. 948.11 (2) (am) (intro.) of the statutes is amended to read:

AB50,1585,12 948.11 (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:

AB50,3192 Section 3192. 948.45 (1) of the statutes is amended to read:

AB50,1585,17 948.45 (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.

AB50,3193 Section 3193. 948.55 of the statutes is repealed and recreated to read:

AB50,1586,2 948.55 Storage of firearm if children present. (1) Whoever resides with a child, or knows a child will be present in his or her residence, may not store or leave a firearm at his or her residence unless the firearm is in a securely locked box or container or in a locked location that a reasonable person would believe to be secure or unless a trigger lock is engaged on the firearm. This prohibition does not apply to a person who is going armed with the firearm.

AB50,1586,3 (2) A person who violates sub. (1) is guilty of the following:

AB50,1586,4 (a) For a first violation, a Class A misdemeanor.

AB50,1586,5 (b) For a 2nd or subsequent violation, a Class I felony.

AB50,3194 Section 3194. 948.60 (2) (d) of the statutes is amended to read:

AB50,1586,10 948.60 (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.

AB50,3195 Section 3195. 948.61 (4) of the statutes is amended to read:

AB50,1586,15 948.61 (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.

AB50,3196 Section 3196. 950.04 (1v) (g) of the statutes is amended to read:

AB50,1586,20 950.04 (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).

AB50,3197 Section 3197. 961.01 (14) of the statutes is renumbered 961.70 (2) and amended to read:

AB50,1587,11 961.70 (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).

AB50,3198 Section 3198. 961.01 (19) (a) of the statutes is amended to read:

AB50,1587,18 961.01 (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.

AB50,3199 Section 3199. 961.11 (4g) of the statutes is repealed.

AB50,3200 Section 3200. 961.14 (4) (t) of the statutes is repealed.

AB50,3201 Section 3201. 961.32 (2m) of the statutes is repealed.

AB50,3202 Section 3202. 961.34 of the statutes is renumbered 961.75, and 961.75 (title), as renumbered, is amended to read:

AB50,1588,1 961.75 (title) Controlled substances Marijuana therapeutic research.

AB50,3203 Section 3203. 961.38 (1n) of the statutes is repealed.

AB50,3204 Section 3204. 961.385 (2) (cm) 3. b. of the statutes is amended to read:

AB50,1588,7 961.385 (2) (cm) 3. b. The state board or agency, agency of another state, law enforcement agency, or prosecutorial unit makes a written request for the record and is monitoring the patient as part of a drug court, as defined in s. 165.955 (1), 2023 stats.

AB50,3205 Section 3205. 961.395 of the statutes is amended to read:

AB50,1588,12 961.395 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.

AB50,1588,16 (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.

AB50,1588,20 (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.

AB50,3206 Section 3206. 961.41 (1) (h) of the statutes is repealed.

AB50,3207 Section 3207. 961.41 (1m) (h) of the statutes is repealed.

AB50,3208 Section 3208. 961.41 (1q) of the statutes is repealed.

AB50,3209 Section 3209. 961.41 (1r) of the statutes is amended to read:

AB50,1589,11 961.41 (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.

AB50,3210 Section 3210. 961.41 (1x) of the statutes is amended to read:

AB50,1589,15 961.41 (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).

AB50,3211 Section 3211. 961.41 (3g) (c) of the statutes is amended to read:

AB50,1590,3 961.41 (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.

AB50,3212 Section 3212. 961.41 (3g) (d) of the statutes is amended to read:

AB50,1590,21 961.41 (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.

AB50,3213 Section 3213. 961.41 (3g) (e) of the statutes is repealed.

AB50,3214 Section 3214. 961.41 (3g) (em) of the statutes is amended to read:

AB50,1591,11 961.41 (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.

AB50,3215 Section 3215. 961.41 (5) (c) 2. of the statutes is amended to read:

AB50,1591,16 961.41 (5) (c) 2. All moneys in excess of $850,000 and up to $1,275,000 plus one-third of moneys in excess of $1,275,000 collected in each fiscal year from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.455 (2) (kv) 20.625 (1) (kv).

AB50,3216 Section 3216. 961.443 (2) (title) of the statutes is amended to read:

AB50,1591,19 961.443 (2) (title) Immunity from criminal prosecution and revocation of parole, probation, or extended supervision.

AB50,3217 Section 3217. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and amended to read:

AB50,1592,5 961.443 (2) (a) An No aider may have his or her parole, probation, or extended supervision revoked, and an aider is immune from prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, and under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to his or her commission of an act described in sub. (1) if the aider’s attempt to obtain assistance occurs immediately after the aider believes the other person is suffering from the overdose or other adverse reaction.

AB50,3218 Section 3218. 961.443 (2) (b) of the statutes is created to read:

AB50,1592,13 961.443 (2) (b) 1. No aided person person may have his or her parole, probation, or extended supervision revoked under the circumstances surrounding or leading to an aider’s commission of an act described in sub. (1) if the aided person completes a treatment program as a condition of his or her parole, probation, or extended supervision or, if a treatment program is unavailable or would be prohibitive financially, agrees to be imprisoned in the county jail for not less than 15 days.

AB50,1592,22 2. If an aided person is subject to prosecution under s. 961.573 for the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a controlled substance or a controlled substance analog, or under s. 961.69 (2) for possession of a masking agent under the circumstances surrounding or leading to an aider’s commission of an act described in sub. (1), the district attorney shall offer the aided person a deferred prosecution agreement that includes the completion of a treatment program. This subdivision does not apply to an aided person who is on parole, probation, or extended supervision and fails to meet a condition under subd. 1.

AB50,3219 Section 3219. 961.455 (title) of the statutes is amended to read:

AB50,1593,2 961.455 (title) Using a child minor for illegal drug distribution or manufacturing purposes.

AB50,3220 Section 3220. 961.455 (1) of the statutes is amended to read:

AB50,1593,6 961.455 (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.

AB50,3221 Section 3221. 961.455 (2) of the statutes is amended to read:

AB50,1593,12 961.455 (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.

AB50,3222 Section 3222. 961.46 of the statutes is amended to read:

AB50,1593,19 961.46 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.

AB50,3223 Section 3223. 961.47 (1) of the statutes is amended to read:

AB50,1594,14 961.47 (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.

AB50,3224 Section 3224. 961.472 (5) (b) of the statutes is amended to read:

AB50,1594,18 961.472 (5) (b) The person is participating in a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).

AB50,3225 Section 3225. 961.48 (3) of the statutes is amended to read:

AB50,1595,2 961.48 (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.

AB50,3226 Section 3226. 961.48 (5) of the statutes is amended to read:

AB50,1595,5 961.48 (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).

AB50,3227 Section 3227. 961.49 (1m) (intro.) of the statutes is amended to read:

AB50,1595,15 961.49 (1m) (intro.) If any person violates s. 961.41 (1) (cm), (d), (dm), (e), (f), or (g) or (h) by delivering or distributing, or violates s. 961.41 (1m) (cm), (d), (dm), (e), (f), or (g) or (h) by possessing with intent to deliver or distribute, cocaine, cocaine base, fentanyl, a fentanyl analog, 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:

AB50,3228 Section 3228. 961.571 (1) (a) 7. of the statutes is repealed.

AB50,3229 Section 3229. 961.571 (1) (a) 11. (intro.) of the statutes is amended to read:

AB50,1595,20 961.571 (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:

AB50,3230 Section 3230. 961.571 (1) (a) 11. e. of the statutes is repealed.

AB50,3231 Section 3231. 961.571 (1) (a) 11. k. and L. of the statutes are repealed.

AB50,3232 Section 3232. 961.573 (2) of the statutes is amended to read:

AB50,1596,2 961.573 (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).

AB50,3233 Section 3233. 961.574 (2) of the statutes is amended to read:

AB50,1596,5 961.574 (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).

AB50,3234 Section 3234. 961.575 (1) of the statutes is amended to read:

AB50,1596,10 961.575 (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.

AB50,3235 Section 3235. 961.575 (2) of the statutes is amended to read:

AB50,1596,13 961.575 (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).

AB50,3236 Section 3236. 961.575 (3) of the statutes is amended to read:

AB50,1596,17 961.575 (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.

AB50,3237 Section 3237. Subchapter VIII of chapter 961 [precedes 961.70] of the statutes is created to read: