AB570,61 Section 61 . 968.20 (1g) (intro.) of the statutes is amended to read:

AB570,40,18 968.20 (1g) (intro.) The court shall order such notice as it deems adequate to be given the district attorney and, unless notice was provided under s. 968.26 (7), to all persons who have or may have an interest in the property. The court shall hold a hearing to hear all claims to its true ownership. Except for a hearing commenced by the court, the hearing shall occur no more than 30 days after a motion is filed except that either party may, by agreement or for good cause, move the court for one extension of no more than 10 days. Any motion may be supported by affidavits or other submissions. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.21 (4) or 968.205, returned if the court finds any of the following:

AB570,62 Section 62 . 968.20 (1j) of the statutes is created to read:

AB570,40,20 968.20 (1j) (a) In this subsection:

AB570,40,21 1. “Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).

AB570,40,22 2. “Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).

AB570,40,24 (b) Except as provided in par. (c), sub. (1g) does not apply to contraband or property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205.

AB570,41,3 (c) Under sub. (1g), the court may return drug paraphernalia or tetrahydrocannabinols that have been seized to the person from whom they were seized if any of the following applies:

AB570,41,6 1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB570,41,10 2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e), 961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but, if the person had been, he or she would have had a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).

AB570,63 Section 63 . Nonstatutory provisions.

AB570,41,18 (1) Notification of rule-making. If the department of agriculture, trade and consumer protection or the department of health services promulgates rules under s. 94.57 (11) or s. 146.44 (2) (b) or (7) (d) before the first day of the 13th month beginning after publication, the department shall provide notice to the legislative reference bureau of the effective date of those rules, and the legislative reference bureau shall publish a notice of that date in the Wisconsin administrative register under s. 35.93 (2).

AB570,64 Section 64 . Effective dates. This act takes effect on the day after publication, except as follows:

AB570,41,23 (1) The treatment of s. 94.57 (2) to (10) takes effect on the first day of the 13th month beginning after publication or on the date specified in the notice under Section 63 (1) of this act, whichever is sooner.

AB570,42,3 (2) The treatment of s. 146.44 (1m) to (6) takes effect on the first day of the 13th month beginning after publication or on the date specified in the notice under Section 63 (1) of this act, whichever is sooner.

AB570,42,4 (End)