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.
AB220,207 14Section 207 . 939.22 (33) (e) of the statutes is repealed.
AB220,208 15Section 208 . 939.22 (39g) of the statutes is created to read:
AB220,103,1716 939.22 (39g) “Tetrahydrocannabinols concentration" has the meaning given in
17s. 23.33 (1) (k).
AB220,209 18Section 209 . 940.09 (1) (bg) of the statutes is created to read:
AB220,103,2019 940.09 (1) (bg) Causes the death of another by the operation or handling of a
20vehicle while the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB220,210 21Section 210 . 940.09 (1) (dg) of the statutes is created to read:
AB220,103,2422 940.09 (1) (dg) Causes the death of an unborn child by the operation or
23handling of a vehicle while the person has a tetrahydrocannabinols concentration of
245.0 or more.
AB220,211 25Section 211 . 940.09 (1g) (bg) of the statutes is created to read:
AB220,104,3
1940.09 (1g) (bg) Causes the death of another by the operation or handling of
2a firearm or airgun while the person has a tetrahydrocannabinols concentration of
35.0 or more.
AB220,212 4Section 212 . 940.09 (1g) (dg) of the statutes is created to read:
AB220,104,75 940.09 (1g) (dg) Causes the death of an unborn child by the operation or
6handling of a firearm or airgun while the person has a tetrahydrocannabinols
7concentration of 5.0 or more.
AB220,213 8Section 213 . 940.09 (1m) (a) of the statutes is amended to read:
AB220,104,149 940.09 (1m) (a) A person may be charged with and a prosecutor may proceed
10upon an information based upon a violation of any combination of sub. (1) (a), (am),
11or (b), or (bg); any combination of sub. (1) (a), (am), (bg), or (bm); any combination of
12sub. (1) (c), (cm), or (d), or (dg); any combination of sub. (1) (c), (cm), (dg), or (e); any
13combination of sub. (1g) (a), (am), or (b), or (bg); or any combination of sub. (1g) (c),
14(cm), or (d), or (dg) for acts arising out of the same incident or occurrence.
AB220,214 15Section 214 . 940.09 (1m) (b) of the statutes is amended to read:
AB220,104,2516 940.09 (1m) (b) If a person is charged in an information with any of the
17combinations of crimes referred to in par. (a), the crimes shall be joined under s.
18971.12. If the person is found guilty of more than one of the crimes so charged for
19acts arising out of the same incident or occurrence, there shall be a single conviction
20for purposes of sentencing and for purposes of counting convictions under s. 23.33
21(13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under
22s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bg), (bm),
23(c), (cm), (d), (dg), and (e) each require proof of a fact for conviction which the others
24do not require, and sub. (1g) (a), (am), (b), (bg), (c), (cm), and (d), and (dg) each require
25proof of a fact for conviction which the others do not require.
AB220,215
1Section 215. 940.09 (2) (a) of the statutes is amended to read: