Request by David Loring's Mom.
AB196...pending Legislation
Category: Life
Dear friends,
I am writing to request that all of you take a look at a pending Bill in the State Legislature, and am humbly asking each of you to write our Representatives, and ask them to support this Bill. It is AB 196, recommending that Wi Stats. 125.075 be amended to make it a crime for anyone to procure or provide anyone under legal drinking age. This would include anyone 18, 19, or 20. Currently, there is a sentence in the Statute that states only "underage", not "under legal drinking".
Although we know that underage in this instance should mean under age 21, since that is the legal drinking age, the wording in the current statute can be interpreted differently. In my son's case, an adult bought and gave alcohol to four boys. The driver was 18, 2 boys were 17, and the youngest just 15. The driver in this case is the only one being charged in David's death, and my heart tells me that the one who procured the alcohol is just as responsible.
Because of the current wording of the Statute, this man has not yet been charged with a crime. He hasn't even been given a citation. The following is the proposed legislation, which can be found in its entirety at http://www.legis.state.wi.us/2007/data/AB-196.pdf .
To find your State Reps, go to http://waml.legis.state.wi.us/ Please look at this, and write a letter in support of this Bill. This is very important, not only to my family, but to many other victims of drunk driving. Thanks for your support.
Lisa Loring
Mother of David Loring...killed by a drunk driver who was underage
AB196
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 no 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 alcoholic 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.
AB196
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:
AB196, s. 1
Section 1. 125.075 (title) of the statutes is amended to read: 125.075 (title) Injury or death by providing alcohol beverages to a minor an underage person.
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