LRB-1945/1
MLJ:amn
2021 - 2022 LEGISLATURE
March 23, 2021 - Introduced by Representatives Tusler, Cabral-Guevara,
Subeck, Sortwell, Bowen, Moses, Rozar, Loudenbeck, Snyder, Plumer,
Mursau, Gundrum and Thiesfeldt, cosponsored by Senators Testin,
L.
Taylor, Ballweg, Bernier, Cowles, Darling, Feyen, Jacque, Marklein, Nass
and Wanggaard. Referred to Committee on Criminal Justice and Public
Safety.
AB190,1,6
1An Act to renumber and amend 165.85 (3) (cm);
to amend 165.85 (2) (bv),
2165.85 (2) (c), 165.85 (3) (a), 165.85 (3) (b) and 940.203 (1) (c); and
to create
3165.85 (2) (ap), 165.85 (2) (be), 165.85 (2) (fm), 165.85 (3) (am), 165.85 (3) (cm)
46., 165.85 (4) (em) and 175.65 of the statutes;
relating to: the responsibilities
5of the Law Enforcement Standards Board and disclosure of employment files
6when recruiting former or current officers.
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 bill also requires each law enforcement agency to maintain an employment
file for each employee. Under the bill, when a law enforcement agency, jail, or
juvenile detention facility is recruiting for new officers, the agency, jail, or facility
must require each candidate that is or has been employed by a different agency, jail,
or facility to authorize that employer to disclose his or her employment files to the
recruiting agency, jail, or facility and to release that employer from any liability
related to the use and disclosure of the files.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB190,1
1Section 1
. 165.85 (2) (ap) of the statutes is created to read:
AB190,2,102
165.85
(2) (ap) “Employment file” means all files relating to a person's
3employment, including performance reviews, files related to job performance,
4internal affairs investigative files, administrative files, previous personnel
5applications, personnel-related claims, disciplinary actions, and all substantiated
6complaints and commendations, but does not include pay or benefit information,
7similar administrative data or information that does not relate to performance or
8conduct, or medical files unless the medical file relates to mental competency issues
9bearing on the person's suitability for a law enforcement, tribal law enforcement, jail,
10or juvenile detention officer position.
AB190,2
11Section 2
. 165.85 (2) (be) of the statutes is created to read:
AB190,2,1312
165.85
(2) (be) “Government agency” means any department, agency, or court
13of this state, or of a city, village, town, or county in this state.
AB190,3
14Section 3
. 165.85 (2) (bv) of the statutes is amended to read:
AB190,2,1715
165.85
(2) (bv) “Law enforcement agency" means a governmental unit of this
16state or a political subdivision of this state that employs one or more law enforcement
17officers
, and includes the Marquette University police department.
AB190,4
18Section 4
. 165.85 (2) (c) of the statutes is amended to read:
AB190,3,319
165.85
(2) (c) “Law enforcement officer" means any person employed by the
20state or any political subdivision of the state, for the purpose of detecting and
21preventing crime and enforcing laws or ordinances and who is authorized to make
1arrests for violations of the laws or ordinances that the person is employed
and sworn 2to enforce. “Law enforcement officer" includes a university police officer, as defined
3in s. 175.42 (1) (b).
AB190,5
4Section 5
. 165.85 (2) (fm) of the statutes is created to read:
AB190,3,65
165.85
(2) (fm) “Tribal law enforcement agency” has the meaning given in s.
6165.83 (1) (e).
AB190,6
7Section 6
. 165.85 (3) (a) of the statutes is amended to read:
AB190,3,168
165.85
(3) (a) Promulgate rules for the administration of this section including
9the authority to require the submission of reports and information pertaining to the
10administration of this section by law enforcement
and agencies, tribal law
11enforcement agencies
, jails, juvenile detention facilities, and schools approved by the
12board and operated by or for this state or any political subdivision of the state for the
13specific purpose of training law enforcement recruits, law enforcement officers,
14tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits,
15jail officers, juvenile detention officer recruits, or juvenile detention officers in this
16state.
AB190,7
17Section 7
. 165.85 (3) (am) of the statutes is created to read:
AB190,3,2418
165.85
(3) (am) Establish minimum qualification standards for admission to
19preparatory law enforcement, jail, or juvenile detention officer training for
20preservice students and recruits, but not for department of corrections correctional
21officers. The standards shall relate to the competence and reliability of persons to
22assume and discharge the responsibilities of law enforcement, tribal law
23enforcement, jail, or juvenile detention officers. The board shall prescribe the means
24for presenting evidence of fulfillment of these requirements.
AB190,8
25Section 8
. 165.85 (3) (b) of the statutes is amended to read:
AB190,4,10
1165.85
(3) (b) Establish minimum educational
and, training
, and recruitment 2standards for admission to employment as a law enforcement
or, tribal law
3enforcement
, jail, or juvenile detention officer in permanent positions and in
4temporary, probationary or part-time status.
The standards shall relate to the
5competence and reliability of persons to assume and discharge the responsibilities
6of law enforcement, tribal law enforcement, jail, or juvenile detention officers. 7Educational and training standards for tribal law enforcement officers under this
8paragraph shall be identical to standards for other law enforcement officers.
The
9board shall prescribe the means for presenting evidence of fulfillment of these
10requirements.
AB190,9
11Section 9
. 165.85 (3) (cm) of the statutes is renumbered 165.85 (3) (cm) (intro.)
12and amended to read:
AB190,4,1513
165.85
(3) (cm) (intro.) Decertify law enforcement, tribal law enforcement, jail
, 14or juvenile detention officers who
terminate employment or are terminated, who
15violate do one of the following:
AB190,4,17
161. Violate or fail to comply with a rule, policy, or order of the board relating to
17curriculum
or, training,
who falsify, or recruitment.
AB190,4,18
182. Falsify information to obtain or maintain certified status
, who are.
AB190,4,19
193. Are certified as the result of an administrative error
, who are.
AB190,4,21
204. Are convicted of a felony or of any offense that, if committed in Wisconsin,
21could be punished as a felony
, who are.
AB190,5,2
225. Are convicted of a misdemeanor crime of domestic violence,
or who fail as
23defined in 18 USC 921 (a) (33), or are convicted of domestic abuse, as defined in s.
24968.075 (1) (a), or the conviction is subject to the imposition of the domestic abuse
1surcharge under s. 973.055 (1), regardless of whether any part of the surcharge is
2waived by the court under s. 973.055 (4).
AB190,5,7
37. Fail to pay court-ordered payments of child or family support, maintenance,
4birth expenses, medical expenses, or other expenses related to the support of a child
5or former spouse, or who fail to comply, after appropriate notice, with a subpoena or
6warrant issued by the department of children and families or a county child support
7agency under s. 59.53 (5) and related to paternity or child support proceedings.
AB190,5,15
8(cp) The board shall establish procedures for decertification
under par. (cm) in
9compliance with ch. 227, except that decertification for
failure to pay court-ordered
10payments of child or family support, maintenance, birth expenses, medical expenses,
11or other expenses related to the support of a child or former spouse or for failure to
12comply, after appropriate notice, with a subpoena or warrant issued by the
13department of children and families or a county child support agency under s. 59.53
14(5) and related to paternity or child support proceedings an action described under
15par. (cm) 7. shall be done as provided under sub. (3m) (a).
AB190,10
16Section 10
. 165.85 (3) (cm) 6. of the statutes is created to read:
AB190,5,1917
165.85
(3) (cm) 6. For any crime listed in subd. 4. or 5., enter into any of the
18following if the board determines that certification is not in the best interest of the
19public:
AB190,5,2120
a. A deferred judgment and sentencing agreement or deferred sentencing
21agreement, whether pending or successfully completed.
AB190,5,2322
b. A deferred prosecution agreement, whether pending or successfully
23completed.
AB190,5,2424
c. A pretrial diversion agreement, whether pending or successfully completed.
AB190,11
25Section 11
. 165.85 (4) (em) of the statutes is created to read:
AB190,6,13
1165.85
(4) (em)
Officer recruitment. 1. When a law enforcement agency, tribal
2law enforcement agency, jail, or juvenile detention facility recruits for new officers,
3the interviewing agency shall require each candidate that it interviews for a law
4enforcement, tribal law enforcement, jail, or juvenile detention position, who is or
5has been employed by another law enforcement agency, tribal law enforcement
6agency, jail, juvenile detention facility, or government agency to execute a written
7waiver that explicitly authorizes each law enforcement agency, tribal law
8enforcement agency, jail, juvenile detention facility, or other government agency to
9disclose the candidate's employment files to the interviewing agency, and releases
10the interviewing agency and each law enforcement agency, tribal law enforcement
11agency, jail, juvenile detention facility, or government agency that employs or has
12employed the candidate from any liability related to the use and disclosure of the
13candidate's employment files.
AB190,6,1914
2. A law enforcement agency, tribal law enforcement agency, jail, juvenile
15detention facility, or government agency may disclose a candidate's employment files
16by either providing copies to the interviewing agency or allowing the interviewing
17agency to review the files at the offices of the law enforcement agency, tribal law
18enforcement agency, jail, juvenile detention facility, or government agency that
19employed the candidate.
AB190,6,2120
3. A candidate who refuses to execute the waiver shall not be considered for
21employment by the interviewing agency or considered for certification by the board.
AB190,7,322
4. The interviewing agency shall, at least 30 days prior to making its hiring
23decision, submit the waiver to each law enforcement agency, tribal law enforcement
24agency, jail, juvenile detention facility, or government agency that has employed the
25candidate. A law enforcement agency, tribal law enforcement agency, jail, juvenile
1detention facility, or government agency that receives a waiver shall make the
2requested employment files available to the interviewing agency not more than 21
3days after receiving the waiver.
AB190,7,64
5. The interviewing agency may also conduct an official oral interview of
5individuals from the law enforcement agency, tribal law enforcement agency, jail,
6juvenile detention facility, or government agency that employed the candidate.
AB190,7,137
6. A law enforcement agency, tribal law enforcement agency, jail, juvenile
8detention facility, or government agency is not required to provide the candidate's
9employment records if the agency or facility is prohibited from providing the
10employment records pursuant to a binding nondisclosure agreement to which the
11law enforcement agency, tribal law enforcement agency, jail, juvenile detention
12facility, or government agency is a party if the agreement was executed before the
13effective date of this subdivision .... [LRB inserts date].
AB190,7,1814
7. No law enforcement agency, tribal law enforcement agency, jail, juvenile
15detention facility, or government agency may enter into a nondisclosure agreement
16preventing an interviewing law enforcement agency, tribal law enforcement agency,
17jail, or juvenile detention facility from viewing employment files after the effective
18date of this subdivision .... [LRB inserts date].
AB190,7,2219
8. A law enforcement agency, tribal law enforcement agency, jail, juvenile
20detention facility, or government agency is not liable for complying with the
21provisions of this paragraph or participating in an official oral interview with an
22investigator from the interviewing agency, regarding the candidate.
AB190,12
23Section
12. 175.65 of the statutes is created to read: