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LRB-4109/1
MLJ&CMH:ahe
2017 - 2018 LEGISLATURE
September 20, 2017 - Introduced by Representatives Ott, Ballweg, Tusler,
Jacque, Murphy and Spiros, cosponsored by Senators Testin, Olsen, Darling
and Wanggaard. Referred to Committee on Criminal Justice and Public
Safety.
AB506,1,5 1An Act to renumber and amend 165.85 (3) (cm); to amend 165.85 (2) (bv),
2165.85 (2) (c), 165.85 (3) (a) and 165.85 (3) (b); and to create 165.85 (2) (ap),
3165.85 (2) (be), 165.85 (2) (fm), 165.85 (3) (am), 165.85 (3) (cm) 6. and 165.85 (4)
4(em) of the statutes; relating to: the responsibilities of the Law Enforcement
5Standards Board.
Analysis by the Legislative Reference Bureau
This bill makes certain changes to the responsibilities of the Law Enforcement
Standards Board. Under current law, the Law Enforcement Standards Board
regulates the training of law enforcement officers. This bill requires the Law
Enforcement Standards Board to also regulate jail and juvenile detention officer
training standards, and to regulate recruitment standards for the recruiting of new
law enforcement, jail, and juvenile detention officers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB506,1 6Section 1. 165.85 (2) (ap) of the statutes is created to read:
AB506,2,77 165.85 (2) (ap) “Employment file” means all files relating to a person's
8employment, including performance reviews, files related to job performance,

1internal affairs investigative files, administrative files, previous personnel
2applications, personnel-related claims, disciplinary actions, and all substantiated
3complaints and commendations, but does not include pay or benefit information,
4similar administrative data or information that does not relate to performance or
5conduct, or medical files unless the medical file relates to mental competency issues
6bearing on the person's suitability for a law enforcement, tribal law enforcement, jail,
7or juvenile detention officer position.
AB506,2 8Section 2. 165.85 (2) (be) of the statutes is created to read:
AB506,2,109 165.85 (2) (be) “Government agency” means any department, agency, or court
10of this state, or of a city, village, town, or county in this state.
AB506,3 11Section 3. 165.85 (2) (bv) of the statutes is amended to read:
AB506,2,1412 165.85 (2) (bv) “Law enforcement agency" means a governmental unit of this
13state or a political subdivision of this state that employs one or more law enforcement
14officers, and includes the Marquette University police department.
AB506,4 15Section 4. 165.85 (2) (c) of the statutes is amended to read:
AB506,2,2116 165.85 (2) (c) “Law enforcement officer" means any person employed by the
17state or any political subdivision of the state, for the purpose of detecting and
18preventing crime and enforcing laws or ordinances and who is authorized to make
19arrests for violations of the laws or ordinances that the person is employed and sworn
20to enforce. “Law enforcement officer" includes a university police officer, as defined
21in s. 175.42 (1) (b).
AB506,5 22Section 5. 165.85 (2) (fm) of the statutes is created to read:
AB506,2,2423 165.85 (2) (fm) “Tribal law enforcement agency” has the meaning given in s.
24165.83 (1) (e).
AB506,6 25Section 6. 165.85 (3) (a) of the statutes is amended to read:
AB506,3,9
1165.85 (3) (a) Promulgate rules for the administration of this section including
2the authority to require the submission of reports and information pertaining to the
3administration of this section by law enforcement and agencies, tribal law
4enforcement agencies, jails, juvenile detention facilities, and schools approved by the
5board and operated by or for this state or any political subdivision of the state for the
6specific purpose of training law enforcement recruits, law enforcement officers,
7tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits,
8jail officers, juvenile detention officer recruits, or juvenile detention officers
in this
9state.
AB506,7 10Section 7. 165.85 (3) (am) of the statutes is created to read:
AB506,3,1311 165.85 (3) (am) Establish minimum qualification standards for admission to
12preparatory law enforcement or correctional officer training for preservice students
13and recruits.
AB506,8 14Section 8. 165.85 (3) (b) of the statutes is amended to read:
AB506,3,2015 165.85 (3) (b) Establish minimum educational and, training, and recruitment
16standards for admission to employment as a law enforcement or, tribal law
17enforcement, jail, or juvenile detention officer in permanent positions and in
18temporary, probationary or part-time status. Educational and training standards
19for tribal law enforcement officers under this paragraph shall be identical to
20standards for other law enforcement officers.
AB506,9 21Section 9. 165.85 (3) (cm) of the statutes is renumbered 165.85 (3) (cm) (intro.)
22and amended to read:
AB506,3,2523 165.85 (3) (cm) (intro.) Decertify law enforcement, tribal law enforcement, jail,
24or juvenile detention officers who terminate employment or are terminated, who
25violate
do one of the following:
AB506,4,2
11. Violate or fail to comply with a rule, policy, or order of the board relating to
2curriculum or, training, who falsify, or recruitment.
AB506,4,3 32. Falsify information to obtain or maintain certified status, who are.
AB506,4,4 43. Are certified as the result of an administrative error, who are.
AB506,4,6 54. Are convicted of a felony or of any offense that, if committed in Wisconsin,
6could be punished as a felony, who are.
AB506,4,11 75. Are convicted of a misdemeanor crime of domestic violence, or who fail as
8defined in 18 USC 921 (a) (33), or are convicted of domestic abuse as defined in s.
9968.075 (1) (a), or the conviction is subject to the imposition of the domestic abuse
10surcharge under s. 973.055 (1), regardless of whether any part of the surcharge is
11waived by the court under s. 973.055 (4).
AB506,4,16 127. Fail to pay court-ordered payments of child or family support, maintenance,
13birth expenses, medical expenses, or other expenses related to the support of a child
14or former spouse, or who fail to comply, after appropriate notice, with a subpoena or
15warrant issued by the department of children and families or a county child support
16agency under s. 59.53 (5) and related to paternity or child support proceedings.
AB506,4,24 17(cp) The board shall establish procedures for decertification under par. (cm) in
18compliance with ch. 227, except that decertification for failure to pay court-ordered
19payments of child or family support, maintenance, birth expenses, medical expenses,
20or other expenses related to the support of a child or former spouse or for failure to
21comply, after appropriate notice, with a subpoena or warrant issued by the
22department of children and families or a county child support agency under s. 59.53
23(5) and related to paternity or child support proceedings
an action described under
24par. (cm) 7.
shall be done as provided under sub. (3m) (a).
AB506,10 25Section 10. 165.85 (3) (cm) 6. of the statutes is created to read:
AB506,5,3
1165.85 (3) (cm) 6. For any crime listed in subd. 4. or 5., enter into any of the
2following if the board determines that certification is not in the best interest of the
3public:
AB506,5,54 a. A deferred judgment and sentencing agreement or deferred sentencing
5agreement, whether pending or successfully completed.
AB506,5,76 b. A deferred prosecution agreement, whether pending or successfully
7completed.
AB506,5,88 c. A pretrial diversion agreement, whether pending or successfully completed.
AB506,11 9Section 11. 165.85 (4) (em) of the statutes is created to read:
AB506,5,2210 165.85 (4) (em) Officer recruitment. 1. When a law enforcement agency, tribal
11law enforcement agency, jail, or juvenile detention facility recruits for new officers,
12the interviewing agency shall require each candidate that it interviews for a law
13enforcement, tribal law enforcement, jail, or juvenile detention position, who has
14been employed by another law enforcement agency, tribal law enforcement agency,
15jail, juvenile detention facility, or government agency to execute a written waiver
16that explicitly authorizes each law enforcement agency, tribal law enforcement
17agency, jail, juvenile detention facility, or other government agency to disclose the
18candidate's employment files to the interviewing agency, and releases the
19interviewing agency and each law enforcement agency, tribal law enforcement
20agency, jail, juvenile detention facility, or government agency that employed the
21candidate from any liability related to the use and disclosure of the candidate's
22employment files.
AB506,6,323 2. A law enforcement agency, tribal law enforcement agency, jail, juvenile
24detention facility, or government agency may disclose a candidate's employment files
25by either providing copies to the interviewing agency or allowing the interviewing

1agency to review the files at the offices of the law enforcement agency, tribal law
2enforcement agency, jail, juvenile detention facility, or government agency that
3employed the candidate.
AB506,6,54 3. A candidate who refuses to execute the waiver shall not be considered for
5employment by the interviewing agency or considered for certification by the board.
AB506,6,126 4. The interviewing agency shall, at least 30 days prior to making its hiring
7decision, submit the waiver to each law enforcement agency, tribal law enforcement
8agency, jail, juvenile detention facility, or government agency that has employed the
9candidate. A law enforcement agency, tribal law enforcement agency, jail, juvenile
10detention facility, or government agency that receives a waiver shall provide the
11requested employment files to the interviewing agency not more than 21 days after
12receiving the waiver.
AB506,6,1513 5. The interviewing agency may also conduct an official oral interview of
14individuals from the law enforcement agency, tribal law enforcement agency, jail,
15juvenile detention facility, or government agency that employed the candidate.
AB506,6,2216 6. A law enforcement agency, tribal law enforcement agency, jail, juvenile
17detention facility, or government agency is not required to provide the candidate's
18employment records if the agency or facility is prohibited from providing the
19employment records pursuant to a binding nondisclosure agreement to which the
20law enforcement agency, tribal law enforcement agency, jail, juvenile detention
21facility, or government agency is a party if the agreement was executed before the
22effective date of this subdivision .... [LRB inserts date].
AB506,7,223 7. No law enforcement agency, tribal law enforcement agency, jail, juvenile
24detention facility, or government agency, may enter into a nondisclosure agreement
25preventing an interviewing law enforcement agency, tribal law enforcement agency,

1jail, or juvenile detention facility from viewing employment files after the effective
2date of this subdivision .... [LRB inserts date].
AB506,7,63 8. A law enforcement agency, tribal law enforcement agency, jail, juvenile
4detention facility, or government agency is not liable for complying with the
5provisions of this paragraph or participating in an official oral interview with an
6investigator from the interviewing agency, regarding the candidate.
AB506,7,77 (End)
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