AB220,192
5Section 192
. 767.41 (5) (d) of the statutes is created to read:
AB220,99,126
767.41
(5) (d) The court may not consider as a factor in determining the legal
7custody of a child whether a parent or potential custodian holds or has applied for
8a registry identification card, as defined in s. 146.44 (1) (h), is or has been the subject
9of a written certification, as defined in s. 50.80 (10), or is or has been a qualifying
10patient, as defined in s. 50.80 (6), or a primary caregiver, as defined in s. 50.80 (5),
11unless the parent or potential custodian's behavior creates an unreasonable danger
12to the child that can be clearly articulated and substantiated.
AB220,193
13Section 193
. 767.451 (5m) (a) of the statutes is amended to read:
AB220,99,1714
767.451
(5m) (a) Subject to pars. (b)
and, (c),
and (d) in all actions to modify
15legal custody or physical placement orders, the court shall consider the factors under
16s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
17a manner consistent with s. 767.41.
AB220,194
18Section 194
. 767.451 (5m) (d) of the statutes is created to read:
AB220,99,2419
767.451
(5m) (d) In an action to modify a legal custody order, the court may not
20consider as a factor in making a determination whether a parent or potential
21custodian holds or has applied for a registry identification card, as defined in s.
22146.44 (1) (h), is or has been the subject of a written certification, as defined in s.
2350.80 (10), or is or has been a qualifying patient, as defined in s. 50.80 (6), or a
24primary caregiver, as defined in s. 50.80 (5), unless the parent or potential
1custodian's behavior creates an unreasonable danger to the child that can be clearly
2articulated and substantiated.
AB220,195
3Section 195
. 885.235 (1) (d) 1. of the statutes is amended to read:
AB220,100,54
885.235
(1) (d) 1. A controlled substance included in schedule I under ch. 961
5other than a tetrahydrocannabinol.
AB220,196
6Section 196
. 885.235 (1) (d) 5. of the statutes is repealed.
AB220,197
7Section 197
. 885.235 (1) (e) of the statutes is created to read:
AB220,100,98
885.235
(1) (e) “Tetrahydrocannabinols concentration" has the meaning given
9in s. 23.33 (1) (k).
AB220,198
10Section 198
. 885.235 (1g) (intro.) of the statutes is amended to read:
AB220,100,2411
885.235
(1g) (intro.) In any action or proceeding in which it is material to prove
12that a person was under the influence of an intoxicant or had a prohibited alcohol
or
13tetrahydrocannabinols concentration or a specified alcohol concentration while
14operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle,
15on duty time, while operating a motorboat, except a sailboat operating under sail
16alone, while operating a snowmobile, while operating an all-terrain vehicle or utility
17terrain vehicle or while handling a firearm, evidence of the amount of alcohol
or
18tetrahydrocannabinols in the person's blood at the time in question, as shown by
19chemical analysis of a sample of the person's blood or urine or evidence of the amount
20of alcohol in the person's breath, is admissible on the issue of whether he or she was
21under the influence of an intoxicant or had a prohibited alcohol
or
22tetrahydrocannabinols concentration or a specified alcohol concentration if the
23sample was taken within 3 hours after the event to be proved. The chemical analysis
24shall be given effect as follows without requiring any expert testimony as to its effect:
AB220,199
25Section 199
. 885.235 (1g) (ag) of the statutes is created to read:
AB220,101,6
1885.235
(1g) (ag) The fact that the analysis shows that the person had a
2tetrahydrocannabinols concentration of more than 0.0 but less than 5.0 is relevant
3evidence on the issue of being under the combined influence of
4tetrahydrocannabinols and alcohol, a controlled substance, a controlled substance
5analog, or any other drug, but, except as provided in sub. (1L), is not to be given any
6prima facie effect.
AB220,200
7Section 200
. 885.235 (1g) (cg) of the statutes is created to read:
AB220,101,108
885.235
(1g) (cg) The fact that the analysis shows that the person had a
9tetrahydrocannabinols concentration of 5.0 or more is prima facie evidence that he
10or she had a tetrahydrocannabinols concentration of 5.0 or more.
AB220,201
11Section 201
. 885.235 (1L) of the statutes is created to read:
AB220,101,2212
885.235
(1L) In any action under s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63
13(2p), or 350.101 (1) (cg), evidence of the amount of tetrahydrocannabinols in the
14person's blood at the time in question, as shown by chemical analysis of a sample of
15the person's blood or urine, is admissible on the issue of whether he or she had a
16tetrahydrocannabinols concentration in the range specified in s. 23.33 (4c) (a) 3g.,
1730.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg) if the sample was taken within 3
18hours after the event to be proved. The fact that the analysis shows that the person
19had a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0
20is prima facie evidence that the person had a tetrahydrocannabinols concentration
21in the range specified in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101
22(1) (cg).
AB220,202
23Section 202
. 885.235 (1m) of the statutes is amended to read:
AB220,102,1024
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681
25(1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the
1person's blood at the time in question, as shown by chemical analysis of a sample of
2the person's blood or urine or evidence of the amount of alcohol in the person's breath,
3is admissible on the issue of whether he or she had an alcohol concentration in the
4range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m),
5or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the
6sample was taken within 3 hours after the event to be proved. The fact that the
7analysis shows that the person had an alcohol concentration of more than 0.0 but not
8more than 0.08 is prima facie evidence that the person had an alcohol concentration
9in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63
10(2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
AB220,203
11Section 203
. 885.235 (4) of the statutes is amended to read:
AB220,102,2212
885.235
(4) The provisions of this section relating to the admissibility of
13chemical tests for alcohol
or tetrahydrocannabinols concentration or intoxication or
14for determining whether a person had a detectable amount of a restricted controlled
15substance in his or her blood shall not be construed as limiting the introduction of
16any other competent evidence bearing on the question of whether or not a person was
17under the influence of an intoxicant, had a detectable amount of a restricted
18controlled substance in his or her blood, had a specified alcohol
or
19tetrahydrocannabinols concentration, or had an alcohol concentration in the range
20specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn)
1., 346.63 (2m), or
21350.101 (1) (c)
, or had a tetrahydrocannabinols concentration in the range specified
22in s. 23.33 (4c) (a) 3g., 30.681 (1) (bn) 2., 346.63 (2p), or 350.101 (1) (cg).
AB220,204
23Section 204
. 895.047 (3) (a) of the statutes is amended to read:
AB220,103,524
895.047
(3) (a) If the defendant proves by clear and convincing evidence that
25at the time of the injury the claimant was under the influence of any controlled
1substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
2(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more
or
3a tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k), of 5.0 or more,
4there shall be a rebuttable presumption that the claimant's intoxication or drug use
5was the cause of his or her injury.
AB220,205
6Section 205
. 905.04 (4) (f) of the statutes is amended to read:
AB220,103,107
905.04
(4) (f)
Tests for intoxication. There is no privilege concerning the results
8of or circumstances surrounding any chemical tests for intoxication or
for alcohol
9concentration, as defined in s. 340.01 (1v)
, or tetrahydrocannabinols concentration,
10as defined in s. 23.33 (1) (k).
AB220,206
11Section 206
. 939.22 (33) (a) of the statutes is amended to read:
AB220,103,1312
939.22
(33) (a) A controlled substance included in schedule I under ch. 961
13other than a tetrahydrocannabinol.