In 2012, University of Wisconsin sophomore Brian Beal received an underage drinking ticket from the Madison Police Department after he woke up in detox.
“When I got a drinking ticket, the hospital definitely took a blood alcohol test and must have reported it to the police,” Beal said.
With college binge drinking on the rise, a series of bills in the state Legislature would give criminal immunity to individuals who seek emergency medical assistance in situations involving dangerous levels of substance intoxication.
One of the two responsible action bills would allow UW System students under the legal drinking age who are intoxicated from alcohol to have immunity from underage citations in circumstances where safety is an issue.
Under the bill, the UW System Board of Regents would no longer be able to take disciplinary actions, such as removal from courses, enrollment restrictions, suspension, expulsion or exclusion from student housing, against students granted immunity. Immunity could be granted if the intoxicated individual called 911 to seek emergency medical attention for themselves or others or to request law enforcement assistance.
The second bill, which had a public hearing Tuesday, looks to grant individuals who seek help for another person in need of emergency medical attention immunity from criminal prosecutions for all kinds of intoxication, not just alcohol. Cooperation with law enforcement officials once they are on the scene is also a requirement for receiving legal immunity.
UW Police Department spokesperson Marc Lovicott said UWPD would not have cited Beal under the department’s responsible action guidelines. According to Lovicott, UWPD signed on to the guidelines, which provide institutional and legal immunity to people who seek medical help as a result of underage drinking, a few years ago.
Lovicott said the department does not support either piece of the new legislation.
He added the guidelines in place already have protections for underage drinkers, and the law is not needed.
However, Beal said he thinks the bills would help students avoid the significant complications that come with underage citations and drug detoxification.
Morgan Rae, ASM legislative affairs chair, said her organization is advocating for the bill that would affect UW System students.
However, supporters of the bill want to see the legislation strengthen campus safety initiatives across the state for all UW System schools.
Rep. Terese Berceau, D-Madison, a sponsor of the bill that would eliminate UW System official input, said the point of the bill is to make sure all campuses in the UW System have those guidelines, not just UW-Madison.
“The bill sends the message that we don’t want to see you die, and we want your friends to take care of you,” she said.
Berceau added the bill is also needed to ensure safety for underage drinkers and their friends.
The bill could save students’ lives and make Madison and the entire state a safer place for students, Rae said.
“This law will help make Wisconsin a healthier, safer place where young adults do not have to fear being cited for underage drinking if they are being responsible enough to get help when they need it,” Rae said.