LRB-2412/1
PEN:jlg:hmh
1999 - 2000 LEGISLATURE
March 30, 1999 - Introduced by Representatives Pettis, Musser, Handrick,
Owens, Goetsch, Albers, Gunderson, Seratti, Sykora and Gronemus,
cosponsored by Senators Zien and Panzer. Referred to Committee on State
Affairs.
AB262,1,2
1An Act to create 125.07 (1) (am) of the statutes;
relating to: participation of
2minors in undercover investigations of certain underage drinking prohibitions.
Analysis by the Legislative Reference Bureau
Under current law, no person, including a person holding a license or permit for
the retail sale of alcohol beverages (licensee or permittee), may procure for, sell or
give away alcohol beverages to any individual who has not attained the legal
drinking age of 21 years (underage person) or who is not accompanied by his or her
parent, guardian or spouse who has attained the legal drinking age. No person may
contribute to or fail to take action to prevent such procurement, sale or gift. No
licensee or permittee may allow an underage person who is not accompanied by his
or her parent, guardian or spouse who has attained the legal drinking age to enter
or remain on the licensed premises. Penalties for these offenses vary depending on
the number of prior offenses within the preceding 30 months of the violation, but
generally include a forfeiture, fine, period of imprisonment and, for violations
committed by a licensee or permittee, suspension of the violator's license or permit
to sell alcohol beverages.
This bill prohibits law enforcement agencies from allowing a person under 18
years of age to participate in any undercover investigation to determine compliance
with the prohibitions described above. The bill specifies that any evidence obtained
in an undercover investigation participated in by a person under 18 years of age is
inadmissible in any civil or criminal action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB262, s. 1
1Section
1. 125.07 (1) (am) of the statutes is created to read:
AB262,2,52
125.07
(1) (am)
Use of minors in investigations prohibited. No law enforcement
3agency may allow a person under 18 years of age to participate in an undercover
4investigation to determine compliance with par. (a). No evidence obtained in
5violation of this paragraph is admissible in any civil or criminal action.
AB262,2,87
(1) This act first applies to undercover investigations conducted on the effective
8date of this subsection.
