Amendment SSA1-AB68

AB68-SSA1,2356 Section 2356 . 165.842 of the statutes is created to read:

AB68-SSA1,1091,6 165.842 Motor vehicle stops; collection and analysis of information; annual report. (1) Definitions. In this section:

AB68-SSA1,1091,7 (a) “Department" means the department of justice.

AB68-SSA1,1091,8 (b) “Law enforcement agency" has the meaning given in s. 165.85 (2) (bv).

AB68-SSA1,1091,9 (c) “Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB68-SSA1,1091,14 (d) “Motor vehicle stop" means the stop or detention of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town, or county ordinance.

AB68-SSA1,1091,19 (2) Information collection required. All persons in charge of law enforcement and tribal law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2022, by a law enforcement officer employed by the law enforcement agency:

AB68-SSA1,1091,21 (a) The name, address, gender, and race of the operator of the motor vehicle. The officer shall subjectively select the operator's race from the following list:

AB68-SSA1,1091,22 1. Caucasian.

AB68-SSA1,1091,23 2. Black or African American.

AB68-SSA1,1091,24 3. Hispanic.

AB68-SSA1,1091,25 4. American Indian or Alaska Native.

AB68-SSA1,1092,1 5. Asian or Pacific Islander.

AB68-SSA1,1092,2 (b) The reason the officer stopped or detained the motor vehicle.

AB68-SSA1,1092,3 (c) The make and year of the motor vehicle.

AB68-SSA1,1092,4 (d) The date, time, and location of the motor vehicle stop.

AB68-SSA1,1092,7 (e) Whether or not a law enforcement officer conducted a search of the motor vehicle, the operator, or any passenger and, if so, whether the search was with consent or by other means.

AB68-SSA1,1092,9 (f) The name, address, gender, and race of any person searched, with the officer subjectively selecting the person's race from the list under par. (a).

AB68-SSA1,1092,10 (g) The name and badge number of the officer making the motor vehicle stop.

AB68-SSA1,1092,15 (3) Submission of information collected. All persons in charge of law enforcement agencies shall forward the information obtained under sub. (2) to the department using the format prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

AB68-SSA1,1092,19 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine, both for the state as a whole and for each law enforcement agency, all of the following:

AB68-SSA1,1093,2 1. Whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority compared to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority is disproportionate based on an estimate of the population and characteristics of all persons traveling on state highways, on an estimate of the populations and characteristics of persons traveling on state highways who are violating a law or ordinance, or on some other relevant population estimate.

AB68-SSA1,1093,5 2. A determination as to whether any disproportion found under subd. 1. is the result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement.

AB68-SSA1,1093,12 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle stops made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2023, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.

AB68-SSA1,1093,19 (5) Rules. The department shall promulgate rules to implement the requirements of this section. The department shall furnish all reporting officials with forms or instructions or both that specify the format in which to submit the information required under sub. (2) and the time for forwarding the information to the department. The department may, by rule, require the collection of information in addition to that specified in sub. (2) (a) to (g) if the department determines that the information will help to make the determinations required under sub. (4) (a).

AB68-SSA1,1093,21 (6) Access to records. Information collected under sub. (2) is not subject to inspection or copying under s. 19.35 (1).

AB68-SSA1,2357 Section 2357. 165.845 (title) of the statutes is amended to read:

AB68-SSA1,1093,24 165.845 (title) Collect Collection and reporting of crime and criminal justice data.

AB68-SSA1,2358 Section 2358. 165.845 (1) (intro.) and (c) of the statutes are renumbered 165.845 (1r) (intro.) and (c).

AB68-SSA1,2359 Section 2359 . 165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.) and amended to read:

AB68-SSA1,1094,10 165.845 (1r) (a) (intro.) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The department of justice may determine any other information to be obtained regarding crime, evidence, and justice system data or statistics. The information shall include data all of the following:

AB68-SSA1,1094,13 1. Data requested by federal agencies under the U.S. department of justice, including the federal bureau of investigation under its system of uniform crime reports for the United States.

AB68-SSA1,2360 Section 2360. 165.845 (1) (b) of the statutes is renumbered 165.845 (1r) (b) and amended to read:

AB68-SSA1,1094,19 165.845 (1r) (b) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under par. (a), the time it is to be forwarded, the process for submitting the information, the method of classifying and any other matters that facilitate collection and compilation.

AB68-SSA1,2361 Section 2361 . 165.845 (1g) of the statutes is created to read:

AB68-SSA1,1094,22 165.845 (1g) In this section, “serious bodily harm” has the meaning given in s. 969.001 (2).

AB68-SSA1,2362 Section 2362. 165.845 (1r) (a) 2. of the statutes is created to read:

AB68-SSA1,1094,25 165.845 (1r) (a) 2. Data concerning sexual assault kits, as defined in s. 165.775 (1) (e), collected in this state.

AB68-SSA1,2363 Section 2363. 165.845 (1r) (a) 3. of the statutes is created to read:

AB68-SSA1,1095,10 165.845 (1r) (a) 3. For any incident involving the shooting of a civilian by a law enforcement officer or the shooting of a law enforcement officer by a civilian; any incident involving the discharge of a firearm by a law enforcement officer at or in the direction of a civilian or the discharge of a firearm by a civilian at or in the direction of a law enforcement officer; and any incident in which an action taken by a law enforcement officer as a response to an act of resistance results in serious bodily harm or death or in which an act of resistance taken by a civilian against a law enforcement officer results in serious bodily harm or death, all of the following information:

AB68-SSA1,1095,12 a. The gender, race, ethnicity, and age of each person who was shot at, injured, or killed.

AB68-SSA1,1095,13 b. The date, time, and location of the incident.

AB68-SSA1,1095,15 c. Whether any civilian involved in the incident was armed and, if he or she was armed, the type of weapon that the civilian possessed.

AB68-SSA1,1095,18 d. The type of resistance used against the law enforcement officer by the civilian, the type of action taken in response by the officer, and if applicable, the types of weapons used.

AB68-SSA1,1095,19 e. The number of law enforcement officers involved in the incident.

AB68-SSA1,1095,20 f. The number of civilians involved in the incident.

AB68-SSA1,1095,22 g. A brief description regarding the circumstances surrounding the incident, including perceptions on behavior or mental disorders.

AB68-SSA1,2364 Section 2364. 165.845 (1r) (d) of the statutes is created to read:

AB68-SSA1,1095,24 165.845 (1r) (d) Publish the following reports:

AB68-SSA1,1096,3 1. At least annually, a report containing data on law enforcement agency compliance with the sexual assault kit data collection requirement under par. (a) 2. The reports may be published electronically on the department's Internet site.

AB68-SSA1,1096,7 2. Annually, a report using the information collected on incidents under par. (a) 3. The reports may be published electronically on the department's Internet site in an interactive format and shall include, at a minimum, all information that is reported to the department by local law enforcement agencies under par. (a) 3.

AB68-SSA1,2365 Section 2365 . 165.845 (2) of the statutes is amended to read:

AB68-SSA1,1096,15 165.845 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information described in sub. (1) (1r) (a) on the basis of the forms or instructions or both to be supplied by the department under sub. (1) (a) (1r) (b). The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.

AB68-SSA1,2366 Section 2366 . 165.85 (2) (ap) of the statutes is created to read:

AB68-SSA1,1096,25 165.85 (2) (ap) “Employment file” means all files relating to a person's employment, including performance reviews, files related to job performance, internal affairs investigative files, administrative files, previous personnel applications, personnel-related claims, disciplinary actions, and all substantiated complaints and commendations, but does not include pay or benefit information, similar administrative data or information that does not relate to performance or conduct, or medical files unless the medical file relates to mental competency issues bearing on the person's suitability for a law enforcement, tribal law enforcement, jail, or juvenile detention officer position.

AB68-SSA1,2367 Section 2367. 165.85 (2) (be) of the statutes is created to read:

AB68-SSA1,1097,3 165.85 (2) (be) “Government agency” means any department, agency, or court of this state, or of a city, village, town, or county in this state.

AB68-SSA1,2368 Section 2368 . 165.85 (2) (bv) of the statutes is amended to read:

AB68-SSA1,1097,7 165.85 (2) (bv) “Law enforcement agency" means a governmental unit of this state or a political subdivision of this state that employs one or more law enforcement officers, and includes the Marquette University police department.

AB68-SSA1,2369 Section 2369 . 165.85 (2) (c) of the statutes is amended to read:

AB68-SSA1,1097,14 165.85 (2) (c) “Law enforcement officer" means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed and sworn to enforce. “Law enforcement officer" includes a university police officer, as defined in s. 175.42 (1) (b).

AB68-SSA1,2370 Section 2370 . 165.85 (2) (fm) of the statutes is created to read:

AB68-SSA1,1097,17 165.85 (2) (fm) “Tribal law enforcement agency” has the meaning given in s. 165.83 (1) (e).

AB68-SSA1,2371 Section 2371 . 165.85 (3) (a) of the statutes is amended to read:

AB68-SSA1,1098,2 165.85 (3) (a) Promulgate rules for the administration of this section including the authority to require the submission of reports and information pertaining to the administration of this section by law enforcement and agencies, tribal law enforcement agencies, jails, juvenile detention facilities, and schools approved by the board and operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in this state.

AB68-SSA1,2372 Section 2372 . 165.85 (3) (am) of the statutes is created to read:

AB68-SSA1,1098,10 165.85 (3) (am) Establish minimum qualification standards for admission to preparatory law enforcement, jail, or juvenile detention officer training for preservice students and recruits, but not for department of corrections correctional officers. The standards shall relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail, or juvenile detention officers. The board shall prescribe the means for presenting evidence of fulfillment of these requirements.

AB68-SSA1,2373 Section 2373 . 165.85 (3) (b) of the statutes is amended to read:

AB68-SSA1,1098,21 165.85 (3) (b) Establish minimum educational and, training, and recruitment standards for admission to employment as a law enforcement or, tribal law enforcement, jail, or juvenile detention officer in permanent positions and in temporary, probationary or part-time status. The standards shall relate to the competence and reliability of persons to assume and discharge the responsibilities of law enforcement, tribal law enforcement, jail, or juvenile detention officers. Educational and training standards for tribal law enforcement officers under this paragraph shall be identical to standards for other law enforcement officers. The board shall prescribe the means for presenting evidence of fulfillment of these requirements.

AB68-SSA1,2374 Section 2374 . 165.85 (3) (cm) of the statutes is renumbered 165.85 (3) (cm) (intro.) and amended to read:

AB68-SSA1,1098,25 165.85 (3) (cm) (intro.) Decertify law enforcement, tribal law enforcement, jail, or juvenile detention officers who terminate do one of the following:

AB68-SSA1,1099,1 1. Terminate employment or are terminated , who violate.

AB68-SSA1,1099,3 2. Violate or fail to comply with a rule, policy, or order of the board relating to curriculum or, training, who falsify, or recruitment.

AB68-SSA1,1099,4 3. Falsify information to obtain or maintain certified status, who are.

AB68-SSA1,1099,5 4. Are certified as the result of an administrative error, who are.

AB68-SSA1,1099,7 5. Are convicted of a felony or of any offense that, if committed in Wisconsin, could be punished as a felony, who are.

AB68-SSA1,1099,12 6. Are convicted of a misdemeanor crime of domestic violence, or who fail as defined in 18 USC 921 (a) (33), or are convicted of domestic abuse, as defined in s. 968.075 (1) (a), or the conviction is subject to the imposition of the domestic abuse surcharge under s. 973.055 (1), regardless of whether any part of the surcharge is waived by the court under s. 973.055 (4).

AB68-SSA1,1099,17 8. Fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

AB68-SSA1,1099,25 (cp) The board shall establish procedures for decertification under par. (cm) in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings an action described under par. (cm) 8. shall be done as provided under sub. (3m) (a).

AB68-SSA1,2375 Section 2375. 165.85 (3) (cm) 7. of the statutes is created to read:

AB68-SSA1,1100,4 165.85 (3) (cm) 7. For any crime listed in subd. 5. or 6., enter into any of the following if the board determines that certification is not in the best interest of the public:

AB68-SSA1,1100,6 a. A deferred judgment and sentencing agreement or deferred sentencing agreement, whether pending or successfully completed.

AB68-SSA1,1100,8 b. A deferred prosecution agreement, whether pending or successfully completed.

AB68-SSA1,1100,9 c. A pretrial diversion agreement, whether pending or successfully completed.

AB68-SSA1,2376 Section 2376 . 165.85 (4) (a) 1m. of the statutes is created to read:

AB68-SSA1,1100,14 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.

AB68-SSA1,2377 Section 2377 . 165.85 (4) (a) 7. d. of the statutes is created to read:

AB68-SSA1,1100,23 165.85 (4) (a) 7. d. Each officer who is subject to this subdivision shall annually complete at least 8 hours of scenario-based training on use-of-force options, focusing on skills and tactics that minimize the likelihood of using force, including de-escalation tactics. In this subd. 7. d., “de-escalation tactics” are actions and techniques used by law enforcement officers to slow down or stabilize a potentially unstable situation to allow for more time, options, and resources for resolution or prevention of an incident. Hours of training completed under this subd. 7. d. shall count toward the hours of training required under subd. 7. a.

AB68-SSA1,2378 Section 2378 . 165.85 (4) (em) of the statutes is created to read: