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LRB-2667/1
CMH&MLJ:amn
2017 - 2018 LEGISLATURE
April 24, 2017 - Introduced by Representatives Crowley, Bowen, Tusler, C.
Taylor
, Goyke, Sinicki, Zamarripa, Sargent, Berceau, Spreitzer and
Vruwink, cosponsored by Senators C. Larson and Risser. Referred to
Committee on Corrections.
AB270,1,4 1An Act to renumber 175.47 (1) (a) and 175.47 (2); to renumber and amend
2175.47 (3) (a), (b) and (c); to amend 175.47 (1) (c), 175.47 (4) and 175.47 (5); and
3to create 175.47 (1) (title), 175.47 (1) (ac), 175.47 (2) (title) and 175.47 (3m) of
4the statutes; relating to: officer-involved deaths.
Analysis by the Legislative Reference Bureau
Current law requires an investigation following a death that involves a law
enforcement officer and outlines specific requirements of the investigation. Under
this bill, a death involving a correctional officer gives rise to the same investigation
requirements as a death involving a law enforcement officer.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB270,1 5Section 1. 175.47 (1) (title) of the statutes is created to read:
AB270,1,66 175.47 (1) (title) Definitions.
AB270,2 7Section 2. 175.47 (1) (a) of the statutes is renumbered 175.47 (1) (ar).
AB270,3
1Section 3. 175.47 (1) (ac) of the statutes is created to read:
AB270,2,62 175.47 (1) (ac) “Correctional officer” means any person employed by the state
3or any political subdivision as a guard or officer whose principal duties are
4supervision and discipline of inmates at a penal institution, prison, jail, house of
5correction, or other place of penal detention; a jail officer, as defined in s. 165.85 (2)
6(bn); or a juvenile detention officer, as defined in s. 165.85 (2) (bt).
AB270,4 7Section 4. 175.47 (1) (c) of the statutes is amended to read:
AB270,2,128 175.47 (1) (c) “Officer-involved death" means a death of an individual that
9results directly from an action or an omission of a law enforcement officer or
10correctional officer
while the law enforcement officer is on duty or while the law
11enforcement
officer is off duty but performing activities that are within the scope of
12his or her law enforcement duties.
AB270,5 13Section 5. 175.47 (2) (title) of the statutes is created to read:
AB270,2,1414 175.47 (2) (title) Death involving law enforcement officer.
AB270,6 15Section 6. 175.47 (2) of the statutes is renumbered 175.47 (2) (a).
AB270,7 16Section 7. 175.47 (3) (a), (b) and (c) of the statutes are renumbered 175.47 (2)
17(b), (c) and (d) and amended to read:
AB270,2,2118 175.47 (2) (b) Each policy under sub. (2) par. (a) must require an investigation
19conducted by at least two 2 investigators, one of whom is the lead investigator and
20neither of whom is employed by a law enforcement agency that employs a law
21enforcement officer involved in the officer-involved death.
AB270,3,322 (c) If the officer-involved death being investigated is traffic-related, the policy
23under sub. (2) par. (a) must require the investigation to use a crash reconstruction
24unit from a law enforcement agency that does not employ a law enforcement officer
25involved in the officer-involved death being investigated, except that a policy for a

1state law enforcement agency may allow an investigation involving a law
2enforcement officer employed by that state law enforcement agency to use a crash
3reconstruction unit from the same state law enforcement agency.
AB270,3,64 (d) Each policy under sub. (2) par. (a) may allow an internal investigation into
5the officer-involved death if the internal investigation does not interfere with the
6investigation conducted under par. (a) (b).
AB270,8 7Section 8. 175.47 (3m) of the statutes is created to read:
AB270,3,128 175.47 (3m) Death involving correctional officer. Any officer-involved
9death involving a correctional officer shall be investigated by at least 2 investigators,
10one of whom is the lead investigator and, if the correctional officer is employed by a
11political subdivision, neither of whom is employed by the political subdivision that
12employs a correctional officer involved in the officer-involved death.
AB270,9 13Section 9. 175.47 (4) of the statutes is amended to read:
AB270,3,1614 175.47 (4) Compensation. Compensation for participation in an investigation
15under sub. (3) (a) (2) (b) or (3m) may be determined in a manner consistent with
16mutual aid agreements.
AB270,10 17Section 10. 175.47 (5) of the statutes is amended to read:
AB270,3,2118 175.47 (5) Report to district attorney. (a) The investigators conducting the
19investigation under sub. (3) (a) (2) (b) or (3m) shall, in an expeditious manner,
20provide a complete report to the district attorney of the county in which the
21officer-involved death occurred.
AB270,4,222 (b) If the district attorney determines there is no basis to prosecute the law
23enforcement
officer involved in the officer-involved death, the investigators
24conducting the investigation under sub. (3) (a) (2) (b) or (3m) shall release the report,
25except that the investigators shall, before releasing the report, delete any

1information that would not be subject to disclosure pursuant to a request under s.
219.35 (1) (a).
AB270,11 3Section 11. Initial applicability.
AB270,4,54 (1) This act first applies to deaths that occurred 3 years before the effective date
5of this subsection if no correctional officer involved was prosecuted.
AB270,4,66 (End)
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