AB920: Bill Text

MLJ:klm

2019 - 2020 LEGISLATURE

2019 Assembly BILL 920

February 14, 2020 - Introduced by Representatives Stubbs, Bowen, Brostoff, Crowley, Gruszynski, Kolste, Sinicki, Spreitzer, Subeck, C. Taylor and Vruwink, cosponsored by Senators Johnson, Larson and Risser. Referred to Committee on Criminal Justice and Public Safety.

AB920,1,2 An Act to create 895.440 of the statutes; relating to: unnecessarily summoning a police officer and creating a civil cause of action.

Analysis by the Legislative Reference Bureau

This bill creates a civil cause of action for unnecessarily summoning a law enforcement officer. Under the bill, a cause of action may be brought against a person who, with the intent to do any of the following, causes a law enforcement officer to arrive at a location to contact the person: infringe upon a right of the person under the Wisconsin constitution or the U.S. constitution; unlawfully discriminate against the person; cause the person to feel harassed, humiliated, or embarrassed; cause the person to be expelled from a place in which the person is lawfully located; damage the person's reputation or standing within the community; or damage the person's financial, economic, consumer, or business prospects or interests.

Under the bill, a plaintiff may recover the greater of special and general damages, including damages for emotional distress, or an amount equal to $250 from each defendant found liable; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB920,1 Section 1 . 895.440 of the statutes is created to read:

AB920,2,4 895.440 Unnecessarily summoning officer; action for. (1) A person may bring a civil cause of action for damages against another person who, with the intent to do any of the following, knowingly causes a law enforcement officer to arrive at a location to contact the person:

AB920,2,6 (a) Infringe upon a right of the person under the Wisconsin constitution or the U.S. constitution.

AB920,2,7 (b) Unlawfully discriminate against the person.

AB920,2,8 (c) Cause the person to feel harassed, humiliated, or embarrassed.

AB920,2,10 (d) Cause the person to be expelled from a place in which the person is lawfully located.

AB920,2,11 (e) Damage the person's reputation or standing within the community.

AB920,2,13 (f) Damage the person's financial, economic, consumer, or business prospects or interests.

AB920,2,15 (2) The burden of proof in a civil action under sub. (1) rests with the plaintiff to prove his or her case by a preponderance of the credible evidence.

AB920,2,20 (3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover the greater of special and general damages, including damages for emotional distress, or an amount equal to $250 from each defendant found liable; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.

AB920,2,21 (End)