AB 808

This bill prohibits issuance of an underage alcohol beverage citation to, or

related student disciplinary action by the University of Wisconsin System against,

an underage person who is a victim of, or bystander to, specified crimes and who

cooperates with emergency responders when they arrive.

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. The underage person claims to have been the victim of sexual assault, human

trafficking, sexual assault of a child, sexual exploitation of a child, or specified other

sex-related crimes (crime victim) or is present with the crime victim at the time of

or immediately following the alleged crime (bystander).

2. The crime victim or bystander requested emergency assistance in connection

with the alleged crime or encountered a law enforcement officer at a medical facility

at which the crime victim received treatment in connection with the alleged crime.

3. The underage person remains at the scene until emergency assistance

arrives and thereafter cooperates with providers of emergency assistance. If the

underage person encounters a law enforcement officer at a medical facility, the

underage person cooperates with the officer and furnishes any requested

information. This requirement to cooperate, however, does not apply if the underage

person lacks capacity to cooperate.

4. The underage person has not fraudulently requested emergency assistance

to avoid a citation for an underage violation.

The bill also prohibits the Board of Regents of the 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. 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.