SB377,173
22Section 173
. 350.101 (1) (bg) of the statutes is created to read:
SB377,93,2523
350.101
(1) (bg)
Operating with tetrahydrocannabinols concentration at or
24above specified levels. No person may engage in the operation of a snowmobile while
25the person has a tetrahydrocannabinols concentration of 5.0 or more.
SB377,174
1Section
174. 350.101 (1) (cg) of the statutes is created to read:
SB377,94,52
350.101
(1) (cg)
Operating with tetrahydrocannabinols concentration at or
3above specified levels; below age 21. If a person has not attained the age of 21, the
4person may not engage in the operation of a snowmobile while he or she has a
5tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0.
SB377,175
6Section 175
. 350.101 (1) (d) of the statutes is amended to read:
SB377,94,157
350.101
(1) (d)
Related charges. A person may be charged with and a prosecutor
8may proceed upon a complaint based upon a violation of any combination of par. (a),
9(b),
(bg), or (bm) for acts arising out of the same incident or occurrence. If the person
10is charged with violating any combination of par. (a), (b),
(bg), or (bm), the offenses
11shall be joined. If the person is found guilty of any combination of par. (a), (b),
(bg), 12or (bm) for acts arising out of the same incident or occurrence, there shall be a single
13conviction for purposes of sentencing and for purposes of counting convictions under
14s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
(bg), and (bm) each require proof of a
15fact for conviction which the others do not require.
SB377,176
16Section 176
. 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
17amended to read:
SB377,94,2418
350.101
(1) (e) 1. In an action under par. (bm) that is based on the defendant
19allegedly having a detectable amount of methamphetamine
, or 20gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
21the defendant has a defense if he or she proves by a preponderance of the evidence
22that at the time of the incident or occurrence he or she had a valid prescription for
23methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
24acid
, or delta-9-tetrahydrocannabinol.
SB377,177
25Section 177
. 350.101 (1) (e) 2. of the statutes is created to read:
SB377,95,5
1350.101
(1) (e) 2. In an action under par. (bg) or (cg) that is based on the
2defendant allegedly having a prohibited tetrahydrocannabinols concentration, the
3defendant has a defense if he or she proves by a preponderance of the evidence that
4at the time of the incident or occurrence he or she had a valid prescription for
5tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,178
6Section 178
. 350.101 (2) (bg) of the statutes is created to read:
SB377,95,97
350.101
(2) (bg)
Causing injury with tetrahydrocannabinols concentrations at
8or above specified levels. No person who has a tetrahydrocannabinols concentration
9of 5.0 or more may cause injury to another person by the operation of a snowmobile.
SB377,179
10Section 179
. 350.101 (2) (c) of the statutes is amended to read:
SB377,95,2011
350.101
(2) (c)
Related charges. A person may be charged with and a prosecutor
12may proceed upon a complaint based upon a violation of any combination of par. (a),
13(b),
(bg), or (bm) for acts arising out of the same incident or occurrence. If the person
14is charged with violating any combination of par. (a), (b),
(bg), or (bm) in the
15complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
16of any combination of par. (a), (b),
(bg), or (bm) for acts arising out of the same incident
17or occurrence, there shall be a single conviction for purposes of sentencing and for
18purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
19(bg), and (bm) each require proof of a fact for conviction which the others do not
20require.
SB377,180
21Section 180
. 350.101 (2) (d) 1. of the statutes is amended to read:
SB377,96,222
350.101
(2) (d) 1. In an action under this subsection, the defendant has a
23defense if he or she proves by a preponderance of the evidence that the injury would
24have occurred even if he or she had been exercising due care and he or she had not
25been under the influence of an intoxicant or did not have an alcohol concentration
1of 0.08 or more
, a tetrahydrocannabinols concentration of 5.0 or more, or a detectable
2amount of a restricted controlled substance in his or her blood.
SB377,181
3Section 181
. 350.101 (2) (d) 2. of the statutes is amended to read:
SB377,96,104
350.101
(2) (d) 2. In an action under par. (bm) that is based on the defendant
5allegedly having a detectable amount of methamphetamine
, or 6gamma-hydroxybutyric acid
, or delta-9-tetrahydrocannabinol in his or her blood,
7the defendant has a defense if he or she proves by a preponderance of the evidence
8that at the time of the incident or occurrence he or she had a valid prescription for
9methamphetamine or one of its metabolic precursors
,
or gamma-hydroxybutyric
10acid
, or delta-9-tetrahydrocannabinol.
SB377,182
11Section 182
. 350.101 (2) (d) 3. of the statutes is created to read:
SB377,96,1612
350.101
(2) (d) 3. In an action under par. (bg) that is based on the defendant
13allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
14has a defense if he or she proves by a preponderance of the evidence that at the time
15of the incident or occurrence he or she had a valid prescription for
16tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,183
17Section 183
. 350.104 (4) of the statutes is amended to read:
SB377,97,218
350.104
(4) Admissibility; effect of test results; other evidence. The results
19of a chemical test required or administered under sub. (1), (2) or (3) are admissible
20in any civil or criminal action or proceeding arising out of the acts committed by a
21person alleged to have violated the intoxicated snowmobiling law on the issue of
22whether the person was under the influence of an intoxicant or the issue of whether
23the person had alcohol
or tetrahydrocannabinols concentrations at or above specified
24levels or a detectable amount of a restricted controlled substance in his or her blood.
25Results of these chemical tests shall be given the effect required under s. 885.235.
1This section does not limit the right of a law enforcement officer to obtain evidence
2by any other lawful means.
SB377,184
3Section 184
. 350.11 (3) (a) 1. of the statutes is amended to read:
SB377,97,64
350.11
(3) (a) 1. Except as provided under subds. 2. and 3., a person who violates
5s. 350.101 (1) (a), (b),
(bg), or (bm) or s. 350.104 (5) shall forfeit not less than $400 nor
6more than $550.
SB377,185
7Section 185
. 350.11 (3) (a) 2. of the statutes is amended to read:
SB377,97,128
350.11
(3) (a) 2. Except as provided under subd. 3., a person who violates s.
9350.101 (1) (a), (b),
(bg), or (bm) or 350.104 (5) and who, within 5 years prior to the
10arrest for the current violation, was convicted previously under the intoxicated
11snowmobiling law or the refusal law shall be fined not less than $300 nor more than
12$1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
SB377,186
13Section 186
. 350.11 (3) (a) 3. of the statutes is amended to read:
SB377,97,1814
350.11
(3) (a) 3. A person who violates s. 350.101 (1) (a), (b),
(bg), or (bm) or
15350.104 (5) and who, within 5 years prior to the arrest for the current violation, was
16convicted 2 or more times previously under the intoxicated snowmobiling law or
17refusal law shall be fined not less than $600 nor more than $2,000 and shall be
18imprisoned not less than 30 days nor more than one year in the county jail.
SB377,187
19Section 187
. 350.11 (3) (a) 4. of the statutes is amended to read: