2015 - 2016 LEGISLATURE
February 1, 2016 - Introduced by Senators Petrowski, Gudex,
Larson, Lassa and Olsen, cosponsored by Representatives Ballweg,
Billings, E. Brooks, Czaja, Horlacher, Jacque, Johnson, Kahl, Kleefisch,
Krug, Loudenbeck, Murphy, Novak, Nygren, A. Ott, Petryk, Rohrkaste,
Schraa, Sinicki, Skowronski, Spiros, Subeck, Swearingen, C. Taylor,
VanderMeer, Zamarripa, Wachs and Spreitzer. Referred to Committee on
Judiciary and Public Safety.
1An Act to amend
36.35 (1), 125.07 (4) (bs) (intro.) and 125.07 (4) (c) (intro.); and 2to create
36.35 (4) and 125.07 (5) of the statutes; relating to: prohibiting
3issuance of citations for alcohol beverages violations to certain underage
4persons in connection with sexual assault or certain other crimes and
5prohibiting certain disciplinary sanctions if the underage person is a student.
Analysis by the Legislative Reference Bureau
This bill prohibits issuance of an underage alcohol beverage citation to, or
related student disciplinary action by the University of Wisconsin System against,
an underage person who is a victim of, or bystander to, specified crimes and who
cooperates with emergency responders when they arrive.
Under current law, a person who has not attained the legal drinking age of 21
years and who is not accompanied by his or her parent, guardian, or spouse who is
at least age 21 (underage person) may not: 1) procure or attempt to procure alcohol
beverages from an alcohol retailer; 2) possess or consume alcohol beverages on
licensed retail premises or knowingly possess or consume alcohol beverages
elsewhere; 3) enter or be on licensed retail premises, subject to various exceptions;
or 4) falsely represent his or her age to obtain alcohol beverages from a retailer
(underage violation). A person who commits an underage violation is subject to
various penalties, including a forfeiture ranging in amount from $250 to $1,000
depending on the number of prior underage violations the person has committed.
Under this bill, an underage person may not be issued a citation for, or convicted
of, an underage violation if all of the following apply:
1. The underage person claims to have been the victim of sexual assault, human
trafficking, sexual assault of a child, sexual exploitation of a child, or specified other
sex-related crimes (crime victim) or is present with the crime victim at the time of
or immediately following the alleged crime (bystander).
2. The crime victim or bystander requested emergency assistance in connection
with the alleged crime or encountered a law enforcement officer at a medical facility
at which the crime victim received treatment in connection with the alleged crime.
3. The underage person remains at the scene until emergency assistance
arrives and thereafter cooperates with providers of emergency assistance. If the
underage person encounters a law enforcement officer at a medical facility, the
underage person cooperates with the officer and furnishes any requested
information. This requirement to cooperate, however, does not apply if the underage
person lacks capacity to cooperate.
4. The underage person has not fraudulently requested emergency assistance
to avoid a citation for an underage violation.
The bill also prohibits the Board of Regents of the UW System and any two-year
or four-year UW System school from imposing specified disciplinary sanctions
against a student who commits an underage violation, but only if the bill exempts
the student from a citation or conviction for the violation. The prohibited
disciplinary sanctions are the following: 1) removal from a course in progress; 2)
enrollment restrictions on a course or program; 3) suspension or expulsion; and 4)
exclusion from student housing.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
36.35 (1) of the statutes is amended to read:
36.35 (1) Power to suspend; rules.
The board may delegate the power to 3
suspend or expel students for misconduct or other cause prescribed by the board. The 4Subject to sub. (4), the
board shall promulgate rules under ch. 227 governing student 5
conduct and procedures for the administration of violations.
36.35 (4) of the statutes is created to read:
36.35 (4) Underage alcohol violations.
The board or an institution or college 8
campus may not impose any of the following disciplinary sanctions against a student 9
for the student's violation of s. 125.07 (4) (a) or (b), if the student is exempt under s. 10
125.07 (5) from issuance of a citation for, or conviction of, the violation:
(a) Removal from a course in progress.
(b) Enrollment restrictions on a course or program.
(c) Suspension or expulsion.
(d) Exclusion from student housing.
125.07 (4) (bs) (intro.) of the statutes is amended to read:
(bs) (intro.) Any Subject to sub. (5), any
person violating par. (a) is 7
subject to the following penalties:
125.07 (4) (c) (intro.) of the statutes is amended to read:
(c) (intro.) Any Subject to sub. (5), any
person violating par. (b) is 10
subject to the following penalties:
125.07 (5) of the statutes is created to read:
125.07 (5) Requests for emergency assistance.
(a) In this subsection:
1. "Bystander" means a person who is present with a crime victim at the time 14
of or immediately following the alleged crime.
2. "Crime victim" means a person who claims to have been the victim of a crime 16
constituting a violation under s. 940.22 (2), 940.225, 940.302, 948.02 (1) or (2), 17
948.025, or 948.05 to 948.095.
(b) Subject to par. (c), an underage person may not be issued a citation for, or 19
convicted of, a violation of sub. (4) (a) or (b) if all of the following apply:
1. The underage person is a crime victim or bystander and either the crime 21
victim or the bystander requested emergency assistance, by dialing the telephone 22
number "911" or by other means, in connection with the alleged crime or the 23
underage person encountered a law enforcement officer at a medical facility at which 24
the crime victim received treatment in connection with the alleged crime.
2. The underage person remains at the scene until emergency assistance 2
arrives and thereafter cooperates with providers of emergency assistance, including 3
furnishing any requested information, unless the underage person lacks capacity to 4
cooperate when emergency medical assistance arrives. If the underage person 5
encounters a law enforcement officer at a medical facility, the underage person 6
cooperates with the officer and furnishes any requested information, unless the 7
underage person lacks capacity to cooperate with the officer.
(c) Paragraph (b) does not apply to an underage person who requests 9
emergency assistance, by dialing the telephone number "911" or by other means, 10
with an intention to claim the protections under par. (b) and knowing that the fact 11
situation that he or she reports does not exist.
(1) The treatment of sections 36.35 (1) and (4) and 125.07 (5) of the statutes first 14
applies to violations of section 125.07 (4) (a) and (b) of the statutes committed on the 15
effective date of this subsection.