SB377,23 Section 23 . 23.33 (13) (b) 3. of the statutes is amended to read:

SB377,14,18 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., 2g., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

SB377,24 Section 24 . 23.33 (13) (b) 4. of the statutes is amended to read:

SB377,14,21 23.33 (13) (b) 4. A person who violates sub. (4c) (a) 3. or 3g. or (4p) (e) and who has not attained the age of 21 shall forfeit not more than $50.

SB377,25 Section 25 . 23.33 (13) (e) of the statutes is amended to read:

SB377,15,7 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs, tetrahydrocannabinols; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle or utility terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs, or tetrahydrocannabinols. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB377,26 Section 26 . 23.335 (1) (zgm) 1. of the statutes is amended to read:

SB377,15,10 23.335 (1) (zgm) 1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

SB377,27 Section 27 . 23.335 (1) (zgm) 5. of the statutes is repealed.

SB377,28 Section 28 . 23.335 (1) (zLg) of the statutes is created to read:

SB377,15,14 23.335 (1) (zLg) “Tetrahydrocannabinols concentration” has the meaning given in s. 340.01 (66m).

SB377,29 Section 29 . 23.335 (12) (a) 2g. of the statutes is created to read:

SB377,15,18 23.335 (12) (a) 2g. No person may engage in the operation of an off-highway motorcycle while the person has a tetrahydrocannabinols concentration of 5.0 or more.

SB377,30 Section 30 . 23.335 (12) (a) 3m. of the statutes is created to read:

SB377,15,22 23.335 (12) (a) 3m. If a person has not attained the age of 21, the person may not engage in the operation of an off-highway motorcycle while he or she has a tetrahydrocannabinols concentration of more than 0.0 but less than 5.0.

SB377,31 Section 31 . 23.335 (12) (a) 4. of the statutes is amended to read:

SB377,16,7 23.335 (12) (a) 4. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., 2g., or 2m., the offenses shall be joined. If the person is found guilty of any combination of subd. 1., 2., 2g., or 2m. 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 sub. (23) (c) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require proof of a fact for conviction which the others do not require.

SB377,32 Section 32 . 23.335 (12) (a) 5. of the statutes is renumbered 23.335 (12) (a) 5. a. and amended to read:

SB377,16,16 23.335 (12) (a) 5. a. In an action under subd. 2m. 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.

SB377,33 Section 33 . 23.335 (12) (a) 5. b. of the statutes is created to read:

SB377,16,22 23.335 (12) (a) 5. b. In an action under subd. 2g. or 3m. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, 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).

SB377,34 Section 34 . 23.335 (12) (b) 2g. of the statutes is created to read:

SB377,17,3 23.335 (12) (b) 2g. No person who has a tetrahydrocannabinols concentration of 5.0 or more may cause injury to another person by the operation of an off-highway motorcycle.

SB377,35 Section 35 . 23.335 (12) (b) 3. of the statutes is amended to read:

SB377,17,13 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., 2g., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., 2g., or 2m. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., 2g., or 2m. 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 sub. (23) (c) 2. and 3. Subdivisions 1., 2., 2g., and 2m. each require proof of a fact for conviction which the others do not require.

SB377,36 Section 36 . 23.335 (12) (b) 4. of the statutes is amended to read:

SB377,17,21 23.335 (12) (b) 4. In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and even if he or she had not been under the influence of an intoxicant to a degree which rendered him or her incapable of safe operation, did not have an alcohol concentration of 0.08 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood, or did not have a tetrahydrocannabinols concentration of 5.0 or more.

SB377,37 Section 37 . 23.335 (12) (b) 5. of the statutes is renumbered 23.335 (12) (b) 5. a. and amended to read:

SB377,18,5 23.335 (12) (b) 5. a. In an action under subd. 2m. 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.