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LRB-3570/3
CMH:emw&kjf
2015 - 2016 LEGISLATURE
February 25, 2016 - Introduced by Representatives C. Taylor, Kessler, Johnson,
Zepnick, Pope, Wachs, Berceau, Goyke, Spreitzer and Genrich, cosponsored
by Senators L. Taylor, Harris Dodd and C. Larson. Referred to Committee on
Criminal Justice and Public Safety.
AB953,1,3 1An Act to amend 175.47 (5), 978.045 (1g) and 978.045 (1r) (bm) (intro.) of the
2statutes; relating to: prosecution decisions following deaths involving law
3enforcement officers.
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. One
requirement is that the investigators provide a report of the investigation to the
district attorney of the county in which the death occurred, and that district attorney
must determine whether to prosecute the officer. This bill requires instead that the
investigators provide the report to the chief judge of the judicial administrative
district, and that judge must appoint a special prosecutor who then must determine
whether to prosecute the 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:
AB953,1 4Section 1. 175.47 (5) of the statutes, as affected by 2015 Wisconsin Act 55, is
5amended to read:
AB953,2,9
1175.47 (5) (a) The investigators conducting the investigation under sub. (3) (a)
2shall, in an expeditious manner, provide a complete report to the district attorney of
3the county chief judge of the judicial administrative district in which the
4officer-involved death occurred. The chief judge that receives the report shall
5appoint a special prosecutor under s. 978.045 (1r) and shall provide the report to the
6special prosecutor. The special prosecutor shall determine if there is a basis to
7prosecute the law enforcement officer involved in the officer-involved death. If the
8special prosecutor files charges against the officer, the special prosecutor shall be the
9prosecuting attorney in the case.
AB953,2,1510 (b) If the district attorney special prosecutor appointed under par. (a)
11determines there is no basis to prosecute the law enforcement officer involved in the
12officer-involved death, the investigators conducting the investigation under sub. (3)
13(a) shall release the report, except that the investigators shall, before releasing the
14report, delete any information that would not be subject to disclosure pursuant to a
15request under s. 19.35 (1) (a).
AB953,2 16Section 2. 978.045 (1g) of the statutes is amended to read:
AB953,3,417 978.045 (1g) A court on its own motion may appoint a special prosecutor under
18sub. (1r) or a , except that a court shall appoint a special prosecutor under sub. (1r)
19if s. 175.47 (5) (a) applies. A
district attorney may request a court to appoint a special
20prosecutor under that subsection sub. (1r). Before a court appoints a special
21prosecutor on its own motion or at the request of a district attorney for an
22appointment that exceeds 6 hours per case, the court or district attorney shall
23request assistance from a district attorney, deputy district attorney or assistant
24district attorney from other prosecutorial units or an assistant attorney general. A
25district attorney requesting the appointment of a special prosecutor, or a court if the

1court is appointing a special prosecutor on its own motion, shall notify the
2department of administration, on a form provided by that department, of the district
3attorney's or the court's inability to obtain assistance from another prosecutorial unit
4or from an assistant attorney general.
AB953,3 5Section 3. 978.045 (1r) (bm) (intro.) of the statutes, as affected by 2015
6Wisconsin Acts 55
and 64, is amended to read:
AB953,3,137 978.045 (1r) (bm) (intro.) The judge may appoint an attorney as a special
8prosecutor at the request of a district attorney to assist the district attorney in the
9prosecution of persons charged with a crime, in grand jury proceedings, in
10proceedings under ch. 980, or in investigations. The Except as provided under s.
11175.47 (5) (a), a
judge may appoint an attorney as a special prosecutor only if the
12judge or the requesting district attorney submits an affidavit to the department of
13administration attesting that any of the following conditions exists:
AB953,4 14Section 4. Initial applicability.
AB953,3,1615 (1) This act first applies to reports provided on the effective date of this
16subsection.
AB953,3,1717 (End)
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