AB220,103,5 895.047 (3) (a) If the defendant proves by clear and convincing evidence that at the time of the injury the claimant was under the influence of any controlled substance or controlled substance analog to the extent prohibited under s. 346.63 (1) (a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more or a tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k), of 5.0 or more, there shall be a rebuttable presumption that the claimant's intoxication or drug use was the cause of his or her injury.

AB220,205 Section 205 . 905.04 (4) (f) of the statutes is amended to read:

AB220,103,10 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results of or circumstances surrounding any chemical tests for intoxication or for alcohol concentration, as defined in s. 340.01 (1v), or tetrahydrocannabinols concentration, as defined in s. 23.33 (1) (k).

AB220,206 Section 206 . 939.22 (33) (a) of the statutes is amended to read:

AB220,103,13 939.22 (33) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

AB220,207 Section 207 . 939.22 (33) (e) of the statutes is repealed.

AB220,208 Section 208 . 939.22 (39g) of the statutes is created to read:

AB220,103,17 939.22 (39g) “Tetrahydrocannabinols concentration" has the meaning given in s. 23.33 (1) (k).

AB220,209 Section 209 . 940.09 (1) (bg) of the statutes is created to read:

AB220,103,20 940.09 (1) (bg) Causes the death of another by the operation or handling of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB220,210 Section 210 . 940.09 (1) (dg) of the statutes is created to read:

AB220,103,24 940.09 (1) (dg) Causes the death of an unborn child by the operation or handling of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB220,211 Section 211 . 940.09 (1g) (bg) of the statutes is created to read:

AB220,104,3 940.09 (1g) (bg) Causes the death of another by the operation or handling of a firearm or airgun while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB220,212 Section 212 . 940.09 (1g) (dg) of the statutes is created to read:

AB220,104,7 940.09 (1g) (dg) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB220,213 Section 213 . 940.09 (1m) (a) of the statutes is amended to read:

AB220,104,14 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of sub. (1) (c), (cm), or (d), or (dg); any combination of sub. (1) (c), (cm), (dg), or (e); any combination of sub. (1g) (a), (am), or (b), or (bg); or any combination of sub. (1g) (c), (cm), or (d), or (dg) for acts arising out of the same incident or occurrence.

AB220,214 Section 214 . 940.09 (1m) (b) of the statutes is amended to read:

AB220,104,25 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm), (c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (bg), (c), (cm), and (d), and (dg) each require proof of a fact for conviction which the others do not require.

AB220,215 Section 215. 940.09 (2) (a) of the statutes is amended to read:

AB220,105,8 940.09 (2) (a) In any action under this section, the defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, did not have a tetrahydrocannabinols concentration of 5.0 or greater, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e) or (1g) (b) or (d).

AB220,216 Section 216 . 940.09 (2) (b) of the statutes is amended to read:

AB220,105,17 940.09 (2) (b) In any action under sub. (1) (am) or (cm) or (1g) (am) or (cm) that is based on the defendant allegedly having a detectable amount of methamphetamine or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol.

AB220,217 Section 217 . 940.09 (2) (c) of the statutes is created to read:

AB220,105,24 940.09 (2) (c) In an action under sub. (1) (bg) or (dg) or (1g) (bg) or (dg) that is based on the defendant allegedly having a tetrahydrocannabinols concentration that is 5.0 or greater, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

AB220,218 Section 218 . 940.25 (1) (bg) of the statutes is created to read:

AB220,106,3 940.25 (1) (bg) Causes great bodily harm to another human being by the operation of a vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

AB220,219 Section 219 . 940.25 (1) (dg) of the statutes is created to read: