AB68-SSA1,3389
11Section 3389
. 961.41 (3g) (d) of the statutes is amended to read:
AB68-SSA1,1532,312
961.41
(3g) (d)
Certain hallucinogenic and stimulant drugs. If a person
13possesses or attempts to possess lysergic acid diethylamide, phencyclidine,
14amphetamine, 3,4-methylenedioxymethamphetamine, methcathinone, cathinone,
15N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
16(u) to (xb), or (7) (L), psilocin, or psilocybin, or a controlled substance analog of
17lysergic acid diethylamide, phencyclidine, amphetamine,
183,4-methylenedioxymethamphetamine, methcathinone, cathinone,
19N-benzylpiperazine, a substance specified in s. 961.14 (4) (a) to (h), (m) to (q), (sm),
20(u) to (xb), or (7) (L), psilocin, or psilocybin, the person may be fined not more than
21$5,000 or imprisoned for not more than one year in the county jail or both upon a first
22conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
23purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
24prior to the offender's conviction of the offense, the offender has at any time been
25convicted of any felony or misdemeanor under this chapter or under any statute of
1the United States or of any state relating to controlled substances, controlled
2substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
3hallucinogenic drugs.
AB68-SSA1,3390
4Section 3390
. 961.41 (3g) (e) of the statutes is repealed.
AB68-SSA1,3391
5Section 3391
. 961.41 (3g) (em) of the statutes is amended to read:
AB68-SSA1,1532,166
961.41
(3g) (em)
Synthetic cannabinoids. If a person possesses or attempts to
7possess a controlled substance specified in s. 961.14 (4) (tb), or a controlled substance
8analog of a controlled substance specified in s. 961.14 (4) (tb), the person may be fined
9not more than $1,000 or imprisoned for not more than 6 months or both upon a first
10conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For
11purposes of this paragraph, an offense is considered a 2nd or subsequent offense if,
12prior to the offender's conviction of the offense, the offender has at any time been
13convicted of any felony or misdemeanor under this chapter or under any statute of
14the United States or of any state relating to controlled substances, controlled
15substance analogs, narcotic drugs,
marijuana, or depressant, stimulant, or
16hallucinogenic drugs.
AB68-SSA1,3392
17Section
3392. 961.443 (2) (title) of the statutes is amended to read:
AB68-SSA1,1532,1918
961.443
(2) (title)
Immunity from criminal prosecution and revocation of
19parole, probation, or extended supervision.
AB68-SSA1,3393
20Section
3393. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
21amended to read:
AB68-SSA1,1533,422
961.443
(2) (a)
An No aider may have his or her parole, probation, or extended
23supervision revoked, and an aider is immune from prosecution under s. 961.573 for
24the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
25controlled substance or a controlled substance analog, and under s. 961.69 (2) for
1possession of a masking agent under the circumstances surrounding or leading to his
2or her commission of an act described in sub. (1)
if the aider's attempt to obtain
3assistance occurs immediately after the aider believes the other person is suffering
4from the overdose or other adverse reaction.
AB68-SSA1,3394
5Section
3394. 961.443 (2) (b) of the statutes is created to read:
AB68-SSA1,1533,116
961.443
(2) (b) 1. No aided person may have his or her parole, probation, or
7extended supervision revoked under the circumstances surrounding or leading to an
8aider's commission of an act described in sub. (1) if the aided person completes a
9treatment program as a condition of his or her parole, probation, or extended
10supervision or, if a treatment program is unavailable or would be prohibitive
11financially, agrees to be imprisoned in the county jail for not less than 15 days.
AB68-SSA1,1533,2012
2. If an aided person is subject to prosecution under s. 961.573 for the
13possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
14controlled substance or a controlled substance analog, or under s. 961.69 (2) for
15possession of a masking agent under the circumstances surrounding or leading to an
16aider's commission of an act described in sub. (1), the district attorney shall offer the
17aided person a deferred prosecution agreement that includes the completion of a
18treatment program. This subdivision does not apply to an aided person who is on
19parole, probation, or extended supervision and fails to meet a condition under subd.
201.
AB68-SSA1,3395
21Section 3395
. 961.455 (title) of the statutes is amended to read:
AB68-SSA1,1533,23
22961.455 (title)
Using a child minor for illegal drug distribution or
23manufacturing purposes.
AB68-SSA1,3396
24Section 3396
. 961.455 (1) of the statutes is amended to read:
AB68-SSA1,1534,3
1961.455
(1) Any
person who has attained the age of 17 years adult who
2knowingly solicits, hires, directs, employs
, or uses a
person who is under the age of
317 years minor for the purpose of violating s. 961.41 (1) is guilty of a Class F felony.
AB68-SSA1,3397
4Section 3397
. 961.455 (2) of the statutes is amended to read:
AB68-SSA1,1534,95
961.455
(2) The knowledge requirement under sub. (1) does not require proof
6of knowledge of the age of the
child minor. It is not a defense to a prosecution under
7this section that the actor mistakenly believed that the person solicited, hired,
8directed, employed
, or used under sub. (1) had attained the age of 18 years, even if
9the mistaken belief was reasonable.
AB68-SSA1,3398
10Section 3398
. 961.46 of the statutes is amended to read:
AB68-SSA1,1534,16
11961.46 Distribution to persons under age 18 minors. If
a person 17 years
12of age or over an adult violates s. 961.41 (1) by distributing or delivering a controlled
13substance or a controlled substance analog to a
person 17 years of age or under minor 14who is at least 3 years his or her junior, the applicable maximum term of
15imprisonment prescribed under s. 961.41 (1) for the offense may be increased by not
16more than 5 years.
AB68-SSA1,3399
17Section 3399
. 961.47 (1) of the statutes is amended to read:
AB68-SSA1,1535,818
961.47
(1) Whenever any person who has not previously been convicted of any
19offense under this chapter, or of any offense under any statute of the United States
20or of any state or of any county ordinance relating to controlled substances or
21controlled substance analogs, narcotic drugs,
marijuana or stimulant, depressant
, 22or hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
23possession of a controlled substance or controlled substance analog under s. 961.41
24(3g) (b), the court, without entering a judgment of guilt and with the consent of the
25accused, may defer further proceedings and place him or her on probation upon terms
1and conditions. Upon violation of a term or condition, the court may enter an
2adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
3terms and conditions, the court shall discharge the person and dismiss the
4proceedings against him or her. Discharge and dismissal under this section shall be
5without adjudication of guilt and is not a conviction for purposes of disqualifications
6or disabilities imposed by law upon conviction of a crime, including the additional
7penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
8only one discharge and dismissal under this section with respect to any person.
AB68-SSA1,3400
9Section 3400
. 961.472 (5) (b) of the statutes is amended to read:
AB68-SSA1,1535,1210
961.472
(5) (b) The person is participating in
a an evidence-based substance
11abuse use disorder treatment program
that meets the requirements of s. 165.95 (3),
12as determined by the department of justice
under s. 165.95 (9) and (10).
AB68-SSA1,3401
13Section 3401
. 961.48 (3) of the statutes is amended to read:
AB68-SSA1,1535,1914
961.48
(3) For purposes of this section, a felony offense under this chapter is
15considered a 2nd or subsequent offense if, prior to the offender's conviction of the
16offense, the offender has at any time been convicted of any felony or misdemeanor
17offense under this chapter or under any statute of the United States or of any state
18relating to controlled substances or controlled substance analogs, narcotic drugs,
19marijuana or depressant, stimulant
, or hallucinogenic drugs.
AB68-SSA1,3402
20Section 3402
. 961.48 (5) of the statutes is amended to read:
AB68-SSA1,1535,2221
961.48
(5) This section does not apply if the person is presently charged with
22a felony under s. 961.41 (3g) (c), (d),
(e), or (g).
AB68-SSA1,3403
23Section 3403
. 961.49 (1m) (intro.) of the statutes is amended to read: