LRB-0508/1
ARG:cjs:jf
2003 - 2004 LEGISLATURE
February 18, 2003 - Introduced by Representatives Owens, Ainsworth, Albers,
Bies, J. Fitzgerald, Hines and Kerkman, cosponsored by Senator Roessler.
Referred to Committee on State Affairs.
AB72,1,3
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
Under current law, no person may procure for, sell, dispense, or give away
(provide) 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. A person who violates
this prohibition is subject to a forfeiture of not more than $500 if the person has not
committed a previous violation in the past 30 months. In addition, a person who
unlawfully provides alcohol beverages to an underage person under the age of 18
(minor) and who knows or should know that the minor is an underage person is
subject to a felony penalty if the minor dies or suffers great bodily harm as a result
of consuming the alcohol beverages. The felony penalty may include a fine of up to
$10,000 or imprisonment of up to six years or both if the minor suffers great bodily
harm or a fine of up to $25,000 or imprisonment of up to ten years or both if the minor
dies.
Under this bill, a person who unlawfully provides alcohol beverages to any
underage person (including a person who is 18, 19, or 20 years of age, not just to a
minor) and who knows or should know that the underage person is underage is
subject to a felony penalty if the underage person dies or suffers great bodily harm
as a result of consuming the alcohol beverages.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB72, s. 1
1Section
1. 125.075 (title) of the statutes is amended to read:
AB72,2,3
2125.075 (title)
Injury or death by providing alcohol beverages to a
3minor an underage person.
AB72, s. 2
4Section
2. 125.075 (1) (intro.) of the statutes is amended to read:
AB72,2,75
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:
AB72,2,109
(1) This act first applies to alcohol beverages that are procured, sold, dispensed,
10or given away on the effective date of this subsection.
