Petition to Wiscons Assembly for Passage without Delay Assembly Bill 196
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David Loring was just 17 the night he, and 3 other teenage boys, ages 15 to 18, were able to have an older, adult "friend",purchase 2 Bottles of Vodka for them. Within hours, David was tragically killed after a high speed crash in Kenosha County,on Nov. 3, 2007. David was ejected from the car, driven by an 18 year old driver, and was pinned under the car, awake and alive,until he could no longer fight. The driver pleaded guilty to homicide by intoxicated use of a motor vehicle, and is serving time in prison. The family of David Loring had to push the Kenosha District's Attorney's Office to have any charges filed to the 24 year old adult who provided the alcohol to these boys. Unfortunately, because of mis-wording in the current Law, this man could only be charged with a municipal citation, for providing alcohol to minors.
We feel that this is wrong, and that any adults, who knowingly participate, encourage, or condone alcohol use (criminal behavior) by underage persons (under 21), should also be held accountable. There should be NO exceptions to the rule. The Law says 21, and this Law should be enforced and upheld. Please encourage the Wisconsin State Assembly, to pass without delay, Assembly Bill 196, so Wisconsin can move out of the ranks of DEAD LAST in alcohol law, by Mothers Against Drunk Driving (MADD).
Analysis by the Legislative Reference Bureau Assemnly Bill 196:
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.
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