LRB-0347/1
ARG:cjs:jf
2011 - 2012 LEGISLATURE
February 2, 2012 - Introduced by Representative Jorgensen. Referred to
Committee on Criminal Justice and Corrections.
AB520,1,3
1An Act to amend 125.075 (title) and 125.075 (1) (intro.) of the statutes;
relating
2to: providing alcohol beverages to underage persons who suffer great bodily
3harm or death from their consumption.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, a person who has not reached the
legal drinking age of 21 years (underage person), and who is not accompanied by his
or her parent, guardian, or spouse who has reached the legal drinking age, may not
knowingly possess or consume alcohol beverages and may not enter or be on any
premises for which a license or permit for the retail sale of alcohol beverages has been
issued. No person (including a licensee or permittee) may procure for, sell, dispense,
or give away alcohol beverages to an underage person who is not accompanied by his
or her parent, guardian, or spouse who has reached the legal drinking age. If a
person procures alcohol beverages for or sells, dispenses, or gives away alcohol
beverages (provider) to a person under 18 years of age (minor) in violation of these
prohibitions, and the provider knew or should have known that the minor was under
the legal drinking age, the provider is guilty of a Class H felony if the minor suffers
great bodily harm, and is guilty of a Class G felony if the minor dies, as a result of
consuming the alcohol beverages provided. A Class H felony is punishable by a fine
of not more than $10,000 or a term of imprisonment of up to six years or both. A Class
G felony is punishable by a fine of not more than $25,000 or a term of imprisonment
of up to ten years or both.
This bill applies these penalties to a provider with respect to any underage
person, including an underage person who is 18, 19, or 20 years of age.
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:
AB520, s. 1
1Section
1. 125.075 (title) of the statutes is amended to read:
AB520,2,3
2125.075 (title)
Injury or death by providing alcohol beverages to a
3minor an underage person.
AB520, s. 2
4Section
2. 125.075 (1) (intro.) of the statutes is amended to read:
AB520,2,85
125.075
(1) (intro.) Any person who procures alcohol beverages for or sells,
6dispenses or gives away alcohol beverages to
a
an underage person
under 18 years
7of age in violation of s. 125.07 (1) (a) 1. or 2. may be penalized as provided in sub. (2)
8if:
AB520,2,1110
(1) This act first applies to violations committed on the effective date of this
11subsection.
