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2013 - 2014 LEGISLATURE
June 26, 2013 - Introduced by Representatives Ballweg, Petryk, Berceau,
Bernard Schaber, Bernier, Billings, Brooks, Czaja, Doyle, Kahl, Klenke,
Krug, Murphy, Ohnstad, A. Ott, Pasch, Pope, Richards, Ringhand, Sargent,
Schraa, Swearingen, C. Taylor, Weatherston and Zamarripa, cosponsored by
Senators Risser, Erpenbach, Gudex, Lehman, Miller and L. Taylor. Referred
to Committee on Colleges and Universities.
AB256,1,5 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: citations to
3underage persons for alcohol beverages violations and disciplinary sanctions
4against University of Wisconsin System students for such violations and
5providing penalties.
Analysis by the Legislative Reference Bureau
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. A law enforcement officer has contact with the underage person because the
underage person requested emergency medical assistance for himself or herself or
for another person; another person requested emergency medical assistance for the

underage person; or the underage person requested law enforcement assistance to
report, request investigation of, or prevent a possible crime. The request for
assistance may be made by dialing "911" or by other means.
2. The underage person remains at the scene until emergency medical
assistance or law enforcement assistance arrives and thereafter cooperates with
providers of emergency medical assistance or law enforcement assistance. However,
this requirement does not apply if the underage person is the person in need of
emergency medical assistance and lacks capacity to cooperate.
A person who requests assistance with an intention to claim this protection
against citation or conviction for an underage violation knowing that the fact
situation that he or she reports does not exist must be fined not less than $100 nor
more than $600 or imprisoned not more than 90 days or both for the first offense and
is guilty of a Class H felony for a subsequent offense within four years. A Class H
felony is punishable by a fine not exceeding $10,000 or imprisonment not exceeding
six years or both.
The bill also prohibits the Board of Regents of the University of Wisconsin (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 and
the student has not committed the offense described above. 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.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB256, s. 1 1Section 1. 36.35 (1) of the statutes is amended to read:
AB256,2,52 36.35 (1) Power to suspend; rules. The board may delegate the power to
3suspend 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
5conduct and procedures for the administration of violations.
AB256, s. 2 6Section 2. 36.35 (4) of the statutes is created to read:
AB256,3,5
136.35 (4) Underage alcohol violations. The board or an institution or college
2campus may not impose any of the following disciplinary sanctions against a student
3for the student's violation of s. 125.07 (4) (a) or (b), if the student is exempt under s.
4125.07 (5) (a) from issuance of a citation for, or conviction of, the violation, and if the
5student has not violated s. 125.07 (5) (b):
AB256,3,66 (a) Removal from a course in progress.
AB256,3,77 (b) Enrollment restrictions on a course or program.
AB256,3,88 (c) Suspension or expulsion.
AB256,3,99 (d) Exclusion from student housing.
AB256, s. 3 10Section 3. 125.07 (4) (bs) (intro.) of the statutes is amended to read:
AB256,3,1211 125.07 (4) (bs) (intro.) Any Subject to sub. (5) (a), any person violating par. (a)
12is subject to the following penalties:
AB256, s. 4 13Section 4. 125.07 (4) (c) (intro.) of the statutes is amended to read:
AB256,3,1514 125.07 (4) (c) (intro.) Any Subject to sub. (5) (a), any person violating par. (b)
15is subject to the following penalties:
AB256, s. 5 16Section 5. 125.07 (5) of the statutes is created to read:
AB256,3,1917 125.07 (5) Requests for emergency assistance. (a) An underage person may
18not be issued a citation for, or convicted of, a violation of sub. (4) (a) or (b) if all of the
19following apply:
AB256,3,2120 1. A law enforcement officer has contact with the underage person because of
21any of the following:
AB256,3,2422 a. The underage person requested emergency medical assistance, by dialing
23the telephone number "911" or by other means, for himself or herself or for another
24person.
AB256,4,2
1b. Another person requested emergency medical assistance, by dialing the
2telephone number "911" or by other means, for the underage person.
AB256,4,53 c. The underage person requested law enforcement assistance, by dialing the
4telephone number "911" or by other means, to report, request investigation of, or
5prevent a possible crime.
AB256,4,116 2. The underage person remains at the scene until emergency medical
7assistance or law enforcement assistance arrives and thereafter cooperates with
8providers of emergency medical assistance or law enforcement assistance, including
9furnishing any requested information. This subdivision does not apply if the
10underage person is the person in need of emergency medical assistance and lacks
11capacity to cooperate when emergency medical assistance arrives.
AB256,4,1812 (b) Any person who requests emergency medical assistance or law enforcement
13assistance, by dialing the telephone number "911" or by other means, with an
14intention to claim the protections under par. (a) and knowing that the fact situation
15that he or she reports does not exist shall be fined not less than $100 nor more than
16$600 or imprisoned not more than 90 days or both for the first offense and is guilty
17of a Class H felony for a 2nd or subsequent offense committed within 4 years after
18the first offense.
AB256, s. 6 19Section 6. Initial applicability.
AB256,4,2220 (1) The treatment of sections 36.35 (1) and (4) and 125.07 (5) (a) of the statutes
21first applies to violations of section 125.07 (4) (a) and (b) of the statutes committed
22on the effective date of this subsection.
AB256,4,2323 (End)
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