AB570,61
8Section 61
. 968.20 (1g) (intro.) of the statutes is amended to read:
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968.20
(1g) (intro.) The court shall order such notice as it deems adequate to
10be given the district attorney and, unless notice was provided under s. 968.26 (7), to
11all persons who have or may have an interest in the property. The court shall hold
12a hearing to hear all claims to its true ownership. Except for a hearing commenced
13by the court, the hearing shall occur no more than 30 days after a motion is filed
14except that either party may, by agreement or for good cause, move the court for one
15extension of no more than 10 days. Any motion may be supported by affidavits or
16other submissions. If the right to possession is proved to the court's satisfaction, it
17shall order the property
, other than contraband or property covered under sub. (1m)
18or (1r) or s. 173.21 (4) or 968.205, returned if the court finds any of the following:
AB570,62
19Section 62
. 968.20 (1j) of the statutes is created to read:
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968.20
(1j) (a) In this subsection:
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1. “Drug paraphernalia" has the meaning given in s. 961.571 (1) (a).
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2. “Tetrahydrocannabinols" means a substance included in s. 961.14 (4) (t).
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(b) Except as provided in par. (c), sub. (1g) does not apply to contraband or
24property covered under sub. (1m) or (1r) or s. 173.12, 173.21 (4), or 968.205.
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1(c) Under sub. (1g), the court may return drug paraphernalia or
2tetrahydrocannabinols that have been seized to the person from whom they were
3seized if any of the following applies:
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1. The person was prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
5961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property but had
6a valid defense under s. 961.436 (1), (2), or (3) (a) or 961.5755 (1) (a) or (2).
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2. The person was not prosecuted under s. 961.41 (1) (h), (1m) (h), or (3g) (e),
8961.573 (1), 961.574 (1), or 961.575 (1) in connection with the seized property, but,
9if the person had been, he or she would have had a valid defense under s. 961.436 (1),
10(2), or (3) (a) or 961.5755 (1) (a) or (2).
AB570,63
11Section 63
.
Nonstatutory provisions.
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(1)
Notification of rule-making. If the department of agriculture, trade and
13consumer protection or the department of health services promulgates rules under
14s. 94.57 (11) or s. 146.44 (2) (b) or (7) (d) before the first day of the 13th month
15beginning after publication, the department shall provide notice to the legislative
16reference bureau of the effective date of those rules, and the legislative reference
17bureau shall publish a notice of that date in the Wisconsin administrative register
18under s. 35.93 (2).
AB570,64
19Section 64
.
Effective dates. This act takes effect on the day after publication,
20except as follows:
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(1) The treatment of s. 94.57 (2) to (10) takes effect on the first day of the 13th
22month beginning after publication or on the date specified in the notice under
23Section 63 (1) of this act, whichever is sooner.
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1(2)
The treatment of s. 146.44 (1m) to (6) takes effect on the first day of the 13th
2month beginning after publication or on the date specified in the notice under
3Section 63 (1) of this act, whichever is sooner.