Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1011 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1011
5	5	January 25, 2024 - Introduced by Representatives DONOVAN, ORTIZ-VELEZ, ALLEN,
6	6	C. ANDERSON, BROOKS, CABRERA, CONLEY, DITTRICH, DUCHOW, EDMING,
7	7	KITCHENS, MAXEY, MELOTIK, NEDWESKI, SCHMIDT, SINICKI, STUBBS, WICHGERS
8	8	and PALMERI, cosponsored by Senators JAMES, HESSELBEIN, WANGGAARD and
9	9	TAYLOR. Referred to Committee on Criminal Justice and Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 961.573 (4) and 961.574 (4) of the statutes; relating to: pill
12	12	tableting devices, pill encapsulation devices, and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, it is a crime to use, or possess with the intent to use, drug
15	15	paraphernalia, which means all equipment, products, and materials that are used,
16	16	designed for use, or primarily intended for use in planting, propagating, cultivating,
17	17	growing, harvesting, manufacturing, compounding, converting, producing,
18	18	processing, preparing, testing, analyzing, packaging, repackaging, storing,
19	19	containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into
20	20	the human body a controlled substance or controlled substance analog. Under
21	21	current law, pill tableting devices, commonly known as pill presses, and pill
22	22	encapsulators are not specifically enumerated as drug paraphernalia but meet the
23	23	definition of drug paraphernalia nonetheless. Possession of drug paraphernalia is
24	24	punishable by a $500 fine or imprisonment for up to 30 days or both.
25	25	This bill provides that no person may possess a pill tableting device or a pill
26	26	encapsulating device unless any of the following applies:
27	27	1. The person is licensed, or is an employee of a person licensed, under ch. 89,
28	28	450, or 466, stats., and the possession is in accordance with the person's license or
29	29	employment.
30	30	2. The person is conducting research or is involved in a program of study at an
31	31	institution of higher education and the possession occurs in the course of conducting
32	32	research or completing the program of study.
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34	34	2 - 2 -2023 - 2024 Legislature LRB-3596/1
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36	36	ASSEMBLY BILL 1011
37	37	The bill also provides that no person may deliver, possess with intent to deliver,
38	38	or manufacture with intent to deliver a pill tableting device or a pill encapsulating
39	39	device unless any of the following applies:
40	40	1. The recipient of the device is licensed under ch. 89, 450, or 466 or is an
41	41	employee of a person licensed under ch. 89, 450, or 466 and receipt of the device is
42	42	in accordance with the person's license or employment.
43	43	2. The person is conducting research or is involved in a program of study at an
44	44	institution of higher education and the possession occurs in the course of conducting
45	45	research or completing the program of study.
46	46	Under the bill, any prohibited possession or delivery of a pill tableting or pill
47	47	encapsulating device is punishable by a fine of up to $10,000 or imprisonment for up
48	48	to nine months, or both.
49	49	Because this bill creates a new crime or revises a penalty for an existing crime,
50	50	the Joint Review Committee on Criminal Penalties may be requested to prepare a
51	51	report.
52	52	The people of the state of Wisconsin, represented in senate and assembly, do
53	53	enact as follows:
54	54	SECTION 1. 961.573 (4) of the statutes is created to read:
55	55	961.573 (4) (a) No person may possess a pill tableting device or a pill
56	56	encapsulating device unless any of the following applies:
57	57	1. The person is licensed under ch. 89, 450, or 466 or is an employee of a person
58	58	licensed under ch. 89, 450, or 466 and the possession is in accordance with the
59	59	person's license or employment.
60	60	2. The person is conducting research or is involved in a program of study at an
61	61	institution of higher education, as defined in s. 39.395 (1), and the possession occurs
62	62	in the course of conducting research or completing the program of study.
63	63	(b) Any person who violates par. (a) may be fined not more than $10,000 or
64	64	imprisoned for not more than 9 months or both.
65	65	SECTION 2. 961.574 (4) of the statutes is created to read:
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78	78	LRB-3596/1
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80	80	SECTION 2
81	81	ASSEMBLY BILL 1011
82	82	961.574 (4) (a) No person may deliver, possess with intent to deliver, or
83	83	manufacture with intent to deliver a pill tableting device or a pill encapsulating
84	84	device unless any of the following applies:
85	85	1. The recipient of the device is licensed under ch. 89, 450, or 466 or is an
86	86	employee of a person licensed under ch. 89, 450, or 466 and receipt of the device is
87	87	in accordance with the person's license or employment.
88	88	2. The recipient of the device is conducting research or is involved in a program
89	89	of study at an institution of higher education, as defined in s. 39.395 (1), and the
90	90	receipt of the device occurs in the course of conducting research or completing the
91	91	program of study.
92	92	(b) Any person who violates par. (a) may be fined not more than $10,000 or
93	93	imprisoned for not more than 9 months or both.
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