AB675: Bill Text

LRB-3945/1

PEN:wlj:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 675

January 25, 2000 - Introduced by Representatives Staskunas, Huebsch, Hutchison, Brandemuehl, Urban, Albers, Jeskewitz, Sykora, Ainsworth and Hundertmark, cosponsored by Senators Burke, Rosenzweig, Darling and Huelsman. Referred to Committee on State Affairs.

AB675,1,7 An Act to repeal 125.07 (4) (b) and 125.07 (4) (c); and to amend 48.24 (2m) (a) 2., 110.07 (1) (a) 1., 125.07 (1) (a) 4., 125.07 (4) (a) 2., 125.07 (4) (cd), 125.07 (4) (cg) 1., 125.07 (4) (cm), 125.07 (4) (e) 1., 125.07 (4) (e) 2. (intro.), 125.07 (4) (e) 4., 125.07 (4) (e) 5., 125.09 (2) (d), 125.10 (2), 343.30 (6) (a), 343.30 (6) (b) (intro.), 778.25 (1) (a) 1., 938.17 (2) (c), 938.17 (2) (d), 938.17 (2) (e), 938.24 (2m) (a) 2. and 938.344 (2) (intro.) of the statutes; relating to: underage persons possessing or consuming alcohol beverages and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law establishes penalties for an underage person who unlawfully possesses or consumes alcohol beverages that differ based on where the offense is committed. If the offense is committed on premises licensed to sell alcohol beverages, the violator may be required to pay a forfeiture of not less than $250 nor more than $500 for a first offense; for a second or subsequent offense committed within one year, the amount of the forfeiture is increased to not less than $300 nor more than $1,000, depending on the number of prior offenses within the previous year. If the offense is committed anywhere other than on licensed premises, the penalties are generally lower: a violator may be required to pay a forfeiture of not less than $100 nor more than $200 for a first offense; for a second or subsequent offense committed within one year the amount of the forfeiture is increased to not less than $200 nor more than $1,000 depending on the number of prior offenses within the previous year. Additional penalties may apply to either offense, including suspension of the violator's operating privilege or required participation in a supervised work program or other community service work.

This bill eliminates the difference in penalties based on the locations where offenses of underage persons possessing or consuming alcohol beverages occur. Under the bill, an underage person who unlawfully possesses or consumes alcohol beverages is subject to the penalties that currently apply to those offenses committed on premises licensed to sell alcohol beverages, regardless of where the offense is committed: for a first offense, a forfeiture of not less than $250 nor more than $500; for the second offense within one year, a forfeiture of not less than $300 nor more than $500; for a third offense within one year, a forfeiture of not less than $500 nor more than $750; for a fourth or subsequent offense within one year, a forfeiture of not less than $750 nor more than $1,000. Additional penalties may apply to any offense, including suspension of the violator's operating privilege or required participation in a supervised work program or other community service work.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB675, s. 1 Section 1. 48.24 (2m) (a) 2. of the statutes is amended to read:

AB675,2,5 48.24 (2m) (a) 2. Any child alleged to be in need of protection and services who has at least 2 prior adjudications for a violation of s. 125.07 (4) (a) or , 125.07 (4) (b) , 1997 stats., 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to any of those sections.

AB675, s. 2 Section 2. 110.07 (1) (a) 1. of the statutes is amended to read:

AB675,2,10 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 166, 194, 218, 341 to 349 and 351, and ss. 23.33, 125.07 (4) (b) (a) 2., 125.085 (3) (b), 167.31 (2) (b) to (d) and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

AB675, s. 3 Section 3. 125.07 (1) (a) 4. of the statutes is amended to read:

AB675,2,13 125.07 (1) (a) 4. No adult may intentionally encourage or contribute to a violation of sub. (4) (a) or (b).

AB675, s. 4 Section 4. 125.07 (4) (a) 2. of the statutes is amended to read:

AB675,3,4 125.07 (4) (a) 2. Unless accompanied by a parent, guardian or spouse who has attained the legal drinking age, possesses or consumes alcohol beverages on licensed premises.

AB675, s. 5 Section 5. 125.07 (4) (b) of the statutes is repealed.

AB675, s. 6 Section 6. 125.07 (4) (c) of the statutes is repealed.

AB675, s. 7 Section 7. 125.07 (4) (cd) of the statutes is amended to read:

AB675,3,9 125.07 (4) (cd) For purposes of par. (bs) or (c), all violations arising out of the same incident or occurrence shall be counted as a single violation.

AB675, s. 8 Section 8. 125.07 (4) (cg) 1. of the statutes is amended to read:

AB675,3,22 125.07 (4) (cg) 1. A supervised work program ordered under par. (bs) or (c) shall be administered by the county department under s. 46.215 or 46.22 or by a community agency approved by the court. The court shall set standards for the supervised work program within the budgetary limits established by the county board of supervisors. The supervised work program may provide the person with reasonable compensation reflecting the market value of the work performed or it may consist of uncompensated community service work. Community service work ordered under par. (bs) or (c), other than community service work performed under a supervised work program, shall be administered by a public agency or nonprofit charitable organization approved by the court. The court may use any available resources, including any community service work program, in ordering the person to perform community service work under par. (bs) or (c).

AB675, s. 9 Section 9. 125.07 (4) (cm) of the statutes is amended to read:

AB675,4,5 125.07 (4) (cm) When a court revokes or suspends a person's operating privilege under par. (bs) or (c), the department of transportation may not disclose information concerning or relating to the revocation or suspension to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency or the person whose operating privilege is revoked or suspended. A person entitled to receive information under this paragraph may not disclose the information to any other person or agency.

AB675, s. 10 Section 10. 125.07 (4) (e) 1. of the statutes is amended to read:

AB675,4,8 125.07 (4) (e) 1. In this paragraph, "defendant" means a person found guilty of violating par. (a) or (b) who is 17, 18, 19 or 20 years of age.

AB675, s. 11 Section 11. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

AB675,4,14 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed. The order under this subdivision shall require the defendant to do any of the following:

AB675, s. 12 Section 12. 125.07 (4) (e) 4. of the statutes is amended to read:

AB675,5,2 125.07 (4) (e) 4. If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under par. (bs) or (c), the court may order the secretary of transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.

AB675, s. 13 Section 13. 125.07 (4) (e) 5. of the statutes is amended to read:

AB675,5,10 125.07 (4) (e) 5. If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under par. (bs) or (c) should be imposed.

AB675, s. 14 Section 14. 125.09 (2) (d) of the statutes is amended to read:

AB675,5,14 125.09 (2) (d) A person who violates this subsection is subject to a forfeiture of not more than $200, except that ss. 125.07 (4) (c) and (d) and 938.344 provide the penalties applicable to underage persons.

AB675, s. 15 Section 15. 125.10 (2) of the statutes is amended to read:

AB675,5,20 125.10 (2) Regulation of underage persons. A municipality or a county may enact an ordinance regulating conduct regulated by s. 125.07 (1) or (4) (a), (b) or (bm), 125.085 (3) (b) or 125.09 (2) only if it strictly conforms to the statutory subsection. A county ordinance enacted under this subsection does not apply within any municipality that has enacted or enacts an ordinance under this subsection.

AB675, s. 16 Section 16. 343.30 (6) (a) of the statutes is amended to read:

AB675,5,25 343.30 (6) (a) In this subsection, "violation" means a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to one of those statutes or a law of a federally recognized American Indian tribe or band in this state that strictly conforms to one of those statutes.

AB675, s. 17 Section 17. 343.30 (6) (b) (intro.) of the statutes is amended to read:

AB675,6,4 343.30 (6) (b) (intro.) If a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB675, s. 18 Section 18. 778.25 (1) (a) 1. of the statutes is amended to read:

AB675,6,9 778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.

AB675, s. 19 Section 19. 938.17 (2) (c) of the statutes is amended to read:

AB675,6,22 938.17 (2) (c) The citation procedures described in ch. 800 shall govern proceedings involving juveniles in municipal court, except that this chapter shall govern the taking and holding of a juvenile in custody and par. (cg) shall govern the issuing of a summons to the juvenile's parent, guardian or legal custodian. When a juvenile is before the court assigned to exercise jurisdiction under this chapter and ch. 48 upon a citation alleging the juvenile to have violated a civil law or municipal ordinance, the procedures specified in s. 938.237 shall apply. If a citation is issued to a juvenile, the issuing agency shall notify the juvenile's parent, guardian and legal custodian within 7 days. The agency issuing a citation to a juvenile who is 12 to 15 years of age for a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2) or an ordinance conforming to one of those statutes shall send a copy to an intake worker under s. 938.24 for informational purposes only.

AB675, s. 20 Section 20. 938.17 (2) (d) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB675,7,16 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.

AB675, s. 21 Section 21. 938.17 (2) (e) of the statutes is amended to read: