LRB-4598/1
PEN:cjs:hmh
1999 - 2000 LEGISLATURE
March 16, 2000 - Introduced by Representatives Owens, Ainsworth, Ladwig,
Urban and Huebsch, cosponsored by Senator Roessler. Referred to
Committee on State Affairs.
AB887,1,3
1An Act to amend 125.075 (title) and 125.075 (1) (intro.) of the statutes;
relating
2to: providing alcohol beverages to persons who are 18, 19 or 20 years of age and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Current law establishes a minimum legal drinking age of 21 years of age. No
person may procure for, sell, dispense or give away any alcohol beverages to any
person who has not reached the minimum legal drinking age (an "underage person"),
unless the underage person is accompanied by his or her parent, guardian or spouse
who has attained the legal drinking age. No person who holds a license or permit to
sell alcohol beverages may sell, vend, deal or traffic in alcohol beverages to or with
any underage person, unless the underage person is accompanied by his or her
parent, guardian or spouse who has attained the legal drinking age.
Also under current law, it is a felony to unlawfully provide alcohol beverages
to a person under 18 years of age ("child") who dies or suffers great bodily harm as
a result of consuming the alcohol beverages. In addition to any other penalties
imposed for providing alcohol beverages to the underage person, any person who
unlawfully procures alcohol beverages for or sells, dispenses or gives away alcohol
beverages to a child may be penalized if the person knew or should have known that
the child was under the legal drinking age and the child dies or suffers great bodily
harm as a result of consuming the alcohol beverages. In determining whether a
person knew or should have known that the child was under the legal drinking age,
all relevant circumstances surrounding the procuring, selling, dispensing or giving
away of the alcohol beverages may be considered. A person who is found guilty of this
felony may be fined not more than $10,000 or imprisoned for not more than 7 years
and 6 months, or both fined and imprisoned.
This bill raises the age for which a person may be held criminally liable for
unlawfully providing alcohol beverages to an underage person who dies or suffers
great bodily injury as a result of consuming the alcohol beverages. Under the bill,
any person who unlawfully procures alcohol beverages for or sells, dispenses or gives
away alcohol beverages to any underage person commits a felony if the person knew
or should have known that the underage person was under the legal drinking age and
the underage person dies or suffers great bodily harm as a result of consuming the
alcohol beverages. In effect, this bill adds persons who are 18, 19 or 20 years of age
to those persons for which felony penalties may apply.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB887, s. 1
1Section
1. 125.075 (title) of the statutes is amended to read:
AB887,2,3
2125.075 (title)
Injury or death by providing alcohol beverages to a
3minor an underage person.
AB887, s. 2
4Section
2. 125.075 (1) (intro.) of the statutes is amended to read:
AB887,2,75
125.075
(1) (intro.) Any person who procures alcohol beverages for or sells,
6dispenses or gives away alcohol beverages
to a person under 18 years of age in
7violation of s. 125.07 (1) (a) 1. or 2. may be penalized as provided in sub. (2) if:
AB887,2,109
(1) This act first applies to alcohol beverages that are procured, sold, dispensed
10or given away on the effective date of this subsection.
