SB493: Bill Text

LRB-4004/2

MLJ:ahe

2019 - 2020 LEGISLATURE

2019 Senate BILL 493

October 10, 2019 - Introduced by Senators Bewley, Smith, Carpenter, Cowles, Larson, Miller, Ringhand, Schachtner and L. Taylor, cosponsored by Representatives Stuck, Mursau, B. Meyers, Anderson, Bowen, Brostoff, Cabrera, Considine, Edming, Gruszynski, Hebl, Hesselbein, Kolste, Kulp, Neubauer, Ohnstad, Pope, Sargent, Shankland, Sinicki, Subeck, C. Taylor, Tittl, Tusler, Vining and Vruwink. Referred to Committee on Government Operations, Technology and Consumer Protection.

SB493,1,2 An Act relating to: creating a task force on missing and murdered tribal women and girls and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill creates a task force on missing and murdered tribal women and girls. The task force must be established by the attorney general and must consist of members who are knowledgeable in crime victims rights or violence protection and who work in a range of relevant positions as specified in the bill. The task force must examine various factors that contribute to violence against tribal women and girls and submit to the chair or president of each tribe and to the appropriate standing committees of the legislature by December 15, 2020, a report on actions that can be taken to eliminate violence against tribal women and girls.

For further information see the state 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:

SB493,1 Section 1. Nonstatutory provisions.

SB493,1,4 (1) Task force on missing and murdered tribal women and girls.

SB493,1,5 (a) Definitions. In this subsection:

SB493,2,2 1. “Nongovernmental organization” means a nonprofit, nongovernmental organization that provides legal, social, or other community services.

SB493,2,4 2. “Reservation lands” means all lands within the exterior boundaries of an Indian reservation in this state.

SB493,2,6 3. “Tribe” means a federally recognized American Indian tribe or band in this state.

SB493,2,12 (b) Membership. Within 45 days of the effective date of this paragraph, the attorney general shall establish a special committee under s. 15.04 (1) (c) called the task force on missing and murdered tribal women and girls. The task force shall consist of the following members, who are knowledgeable in crime victims rights or violence protection, and who shall be appointed by and serve at the pleasure of the attorney general unless otherwise specified:

SB493,2,14 1. Four or more representatives for tribal governments, with a focus on individuals who work with victims of violence or their families.

SB493,2,15 2. Two or more female tribal elders.

SB493,2,17 3. Two members of the senate, one appointed by the majority leader and one appointed by the minority leader.

SB493,2,19 4. Two members of the assembly, one appointed by the speaker of the assembly and one appointed by the minority leader.

SB493,2,20 5. Two representatives from among the following:

SB493,2,21 a. The Wisconsin Chiefs of Police Association.

SB493,2,22 b. The Badger State Sheriffs' Association.

SB493,2,23 c. The division of criminal investigation within the department of justice.

SB493,2,24 d. A peace officer who works for and resides on reservation lands.

SB493,2,25 6. One or more representatives from among the following:

SB493,3,1 a. The Wisconsin District Attorneys Association.

SB493,3,2 b. A U.S. Attorney's office in this state.

SB493,3,3 c. A judge or attorney working in tribal court.

SB493,3,5 7. A county coroner or representative from a statewide coroner's association or a representative of the department of health services.

SB493,3,6 8. Four or more representatives from among the following:

SB493,3,8 a. A tribal, statewide, or local organization that provides legal services to tribal women and girls.

SB493,3,10 b. A tribal, statewide, or local organization that provides advocacy or counseling for tribal women and girls who have been victims of violence.

SB493,3,12 c. A tribal, statewide, or local organization that provides nonlegal services to tribal women and girls.

SB493,3,13 d. American Indians Against Abuse.

SB493,3,14 e. The Wisconsin Coalition Against Sexual Assault.

SB493,3,15 f. End Domestic Abuse Wisconsin.

SB493,3,16 g. A tribal health organization or agency.

SB493,3,17 h. A tribal woman who is a survivor of gender violence.

SB493,3,18 (c) Operation.

SB493,3,23 1. The task force shall elect a chair and vice-chair from among the members of the task force and may elect other officers as necessary. The task force shall convene within 30 days after it is established and shall meet at least quarterly thereafter, or upon the call of its chair, and may hold meetings throughout the state. The task force shall meet sufficiently to accomplish the duties identified in par. (d).

SB493,4,2 2. The department of justice shall provide administrative support services to the task force. The task force may call upon any state agency or officer to assist the task force, and those agencies or officers shall cooperate with the task force to the fullest extent possible.

SB493,4,5 3. The department of administration shall reimburse members of the task force for their actual and necessary expenses incurred in carrying out their functions from the appropriation under s. 20.505 (1) (ka).

SB493,4,6 (d) Duties.

SB493,4,7 1. The task force shall examine all of the following topics:

SB493,4,12 a. The systemic causes behind violence that tribal women and girls experience, including patterns and underlying factors that explain why disproportionately high levels of violence occur against tribal women and girls, including underlying historical, generational, social, economic, institutional, and cultural factors which may contribute to the violence.

SB493,4,15 b. Appropriate methods for tracking and collecting data on violence against tribal women and girls, including data on missing and murdered tribal women and girls.

SB493,4,19 c. Policies and institutions such as policing, child welfare, coroner practices, and other governmental practices that impact violence against tribal women and girls and the investigation and prosecution of crimes of gender violence against tribal people.

SB493,4,21 d. Measures necessary to address and reduce violence against tribal women and girls.

SB493,4,23 e. Measures to help victims, victims' families, and victims' communities prevent and heal from violence that occurs against tribal women and girls.

SB493,5,2 2. The task force shall, by December 15, 2020, submit to the chair or president of each tribe and to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3) an annual report that includes all of the following:

SB493,5,4 a. Proposed institutional policies and practices that are effective in reducing gender violence and increasing the safety of tribal women and girls.