This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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:
AB465,1 1Section 1. 111.70 (4) (mc) 7. of the statutes is created to read:
AB465,2,32 111.70 (4) (mc) 7. The termination of a public safety employee under s. 165.87
3(1m) (b).
AB465,2
1Section 2. 111.91 (2) (t) of the statutes is created to read:
AB465,3,32 111.91 (2) (t) The termination of a public safety employee under s. 165.87 (1m)
3(b).
AB465,3 4Section 3. 165.85 (4) (em) of the statutes is created to read:
AB465,3,85 165.85 (4) (em) Body cameras and dashboard-mounted cameras. 1. The board
6shall establish a statewide policy for the use, maintenance, and storage of a body
7camera, a dashboard-mounted camera, and data recorded by the cameras by a law
8enforcement officer.
AB465,3,129 2. The policy under subd. 1. shall require a law enforcement officer who is
10acting in an official capacity and who has been issued a body camera or a vehicle with
11a dashboard-mounted camera to record all encounters with civilians. Any
12exceptions to this policy must be specific and based on best practices.
AB465,3,1613 3. The policy under subd. 1. shall require a law enforcement agency to supply
14a body camera to each law enforcement officer that it employs and to equip a
15dashboard-mounted camera in each vehicle that the law enforcement agency
16provides for official use.
AB465,3,1917 4. A law enforcement officer who intentionally violates a written policy under
18subd. 1. by failing to use or by deactivating a body camera or dashboard-mounted
19camera is guilty of misconduct under s. 946.12 (1).
AB465,4 20Section 4. 165.87 (title) of the statutes is amended to read:
AB465,3,22 21165.87 (title) Body cameras and dashboard-mounted cameras and law
22enforcement.
AB465,5 23Section 5. 165.87 (1) (intro.) of the statutes is amended to read:
AB465,4,3
1165.87 (1) (intro.) If a A law enforcement agency uses a body camera on a law
2enforcement officer, the law enforcement agency
shall do all of the following with
3respect to a body camera or a dashboard-mounted camera
:
AB465,6 4Section 6. 165.87 (1) (a) of the statutes is repealed.
AB465,7 5Section 7. 165.87 (1) (b) of the statutes is amended to read:
AB465,4,86 165.87 (1) (b) Train all law enforcement officers wearing a body camera or
7operating a vehicle equipped with a dashboard-mounted camera
on the policy under
8par. (a) and on the requirements under sub. (2).
AB465,8 9Section 8 . 165.87 (1) (b) of the statutes, as affected by 2021 Wisconsin Act ....
10(this act), is amended to read:
AB465,4,1311 165.87 (1) (b) Train all law enforcement officers wearing a body camera or
12operating a vehicle equipped with a dashboard-mounted camera on the policy under
13par. (a) s. 165.85 (4) (em) 1. and on the requirements under sub. (2).
AB465,9 14Section 9. 165.87 (1) (c) of the statutes is amended to read:
AB465,4,1715 165.87 (1) (c) Train all employees that use, maintain, store, or release data from
16a body camera or a dashboard-mounted camera on the policy under par. (a) and on
17the requirements under subs. (2) and (3).
AB465,10 18Section 10 . 165.87 (1) (c) of the statutes, as affected by 2021 Wisconsin Act ....
19(this act), is amended to read:
AB465,4,2220 165.87 (1) (c) Train all employees that use, maintain, store, or release data from
21a body camera or a dashboard-mounted camera on the policy under par. (a) s. 165.85
22(4) (em) 1.
and on the requirements under subs. (2) and (3).
AB465,11 23Section 11. 165.87 (1) (d) of the statutes is amended to read:
AB465,5,224 165.87 (1) (d) Periodically review practices regarding the body cameras and
25dashboard-mounted cameras
and data from body cameras and dashboard-mounted

1cameras
to ensure compliance with the policy under par. (a) and the requirements
2under subs. (2) and (3).
AB465,12 3Section 12 . 165.87 (1) (d) of the statutes, as affected by 2021 Wisconsin Act ....
4(this act), is amended to read:
AB465,5,85 165.87 (1) (d) Periodically review practices regarding the body cameras and
6dashboard-mounted cameras and data from body cameras and dashboard-mounted
7cameras to ensure compliance with the policy under par. (a) s. 165.85 (4) (em) 1. and
8the requirements under subs. (2) and (3).
AB465,13 9Section 13. 165.87 (1) (dm) of the statutes is created to read:
AB465,5,1310 165.87 (1) (dm) Periodically review footage from body cameras and
11dashboard-mounted cameras of encounters involving the use of force to determine
12whether law enforcement officers are acting in accordance with the law enforcement
13agency's use of force policy under s. 66.0511.
AB465,14 14Section 14. 165.87 (1) (e) of the statutes is repealed.
AB465,15 15Section 15. 165.87 (1m) of the statutes is created to read:
AB465,5,1816 165.87 (1m) (a) A law enforcement officer who intentionally violates a written
17policy under sub. (1) (a) by failing to use a body camera is guilty of misconduct under
18s. 946.12 (1).
AB465,5,2319 (b) If, during a periodic review of footage from a body camera or
20dashboard-mounted camera under sub. (1) (dm), a law enforcement agency
21determines that a law enforcement officer used excessive force in violation of the law
22enforcement agency's use of force policy, the law enforcement agency shall
23immediately terminate employment of that law enforcement officer.
AB465,16 24Section 16 . 165.87 (1m) of the statutes, as created by 2021 Wisconsin Act ....
25(this act), is repealed.
AB465,17
1Section 17. 165.87 (2) (a) of the statutes is amended to read:
AB465,6,52 165.87 (2) (a) Except as provided in pars. (b), (c), and (d), all data from a body
3camera used on a law enforcement officer or a dashboard-mounted camera on a
4vehicle issued to a law enforcement officer
shall be retained for a minimum of 120
5days after the date of recording.
AB465,18 6Section 18. 165.87 (2) (b) (intro.) of the statutes is amended to read:
AB465,6,117 165.87 (2) (b) (intro.) Data from a body camera used on a law enforcement
8officer or a dashboard-mounted camera on a vehicle issued to a law enforcement
9officer
that record any of the following shall be retained until final disposition of any
10investigation, case, or complaint to which the data pertain, except as provided in
11pars. (c) and (d):
AB465,19 12Section 19. 165.87 (2) (d) of the statutes is amended to read:
AB465,6,1813 165.87 (2) (d) Data from a body camera used on a law enforcement officer or
14a dashboard-mounted camera on a vehicle issued to a law enforcement officer
that
15are used in a criminal, civil, or administrative proceeding may not be destroyed
16except upon final disposition, including appeals, a determination from the court or
17hearing examiner that the data are no longer needed, or an order from the court or
18hearing examiner.
AB465,20 19Section 20. 165.87 (2) (e) of the statutes is amended to read:
AB465,6,2320 165.87 (2) (e) Notwithstanding pars. (a) to (d), data from a body camera used
21on a law enforcement officer or a dashboard-mounted camera on a vehicle issued to
22a law enforcement officer
may not be destroyed during the period specified in s. 19.35
23(5).
AB465,21 24Section 21. 165.87 (3) (a) 2. (intro.) of the statutes is amended to read:
AB465,7,3
1165.87 (3) (a) 2. (intro.) “Record subject” means an individual recorded by a
2body camera used on a law enforcement officer or a dashboard-mounted camera on
3a vehicle issued to a law enforcement officer
to whom all of the following apply:
AB465,22 4Section 22. 165.87 (3) (b) of the statutes is amended to read:
AB465,7,85 165.87 (3) (b) Data from a body camera used on a law enforcement officer or
6a dashboard-mounted camera on a vehicle issued to a law enforcement officer
are
7subject to the right of inspection and copying under s. 19.35 (1), except as provided
8in par. (c).
AB465,23 9Section 23. 165.87 (3) (c) 1. of the statutes is amended to read:
AB465,7,2310 165.87 (3) (c) 1. It shall be the public policy of this state to maintain the privacy
11of a record subject who is a victim of a sensitive or violent crime or who is a minor
12and that access to data from a body camera used on a law enforcement officer or a
13dashboard-mounted camera on a vehicle issued to a law enforcement officer
that
14record such a record subject shall be provided only if the public interest in allowing
15access is so great as to outweigh that public policy. In that case, the record subject's
16face and anything else that would allow the record subject to be identified may be
17redacted using pixelization or another method of redaction. The presumption under
18this subdivision regarding the privacy of a record subject who is a victim of a sensitive
19or violent crime does not apply if the record subject, or his or her next of kin if the
20record subject is deceased, does not object to granting access to the data. The
21presumption under this subdivision regarding the privacy of a record subject who is
22a minor does not apply if the parent or legal guardian of the record subject does not
23object to granting access to the data.
AB465,24 24Section 24. 165.87 (3) (c) 2. of the statutes is amended to read:
AB465,8,10
1165.87 (3) (c) 2. It shall be the public policy of this state to maintain the privacy
2of a record subject who is in a location where the record subject has a reasonable
3expectation of privacy and that access to data from a body camera used on a law
4enforcement officer or a dashboard-mounted camera on a vehicle issued to a law
5enforcement officer
that record a record subject in such a location shall be provided
6only if the public interest in allowing access is so great as to outweigh that public
7policy. In that case, the record subject's face and anything else that would allow the
8record subject to be identified may be redacted using pixelization or another method
9of redaction. The presumption under this subdivision does not apply if the record
10subject does not object to granting access to the data.
AB465,25 11Section 25. 165.87 (3) (d) of the statutes is amended to read:
AB465,8,1812 165.87 (3) (d) For purposes of requests under s. 19.35 (1) for access to data from
13a body camera or dashboard-mounted camera on a vehicle issued to a law
14enforcement officer
used by a law enforcement agency, the law enforcement agency
15is the legal custodian of the record, and if any other authority has custody of any such
16data, that authority is not the legal custodian of that data. If any other authority
17receives a request under s. 19.35 (1) for that data, that authority shall deny any
18portion of the request that relates to that data.
AB465,26 19Section 26. 165.87 (3) (e) of the statutes is amended to read:
AB465,8,2220 165.87 (3) (e) Nothing in this subsection prohibits the release of data from a
21body camera or a dashboard-mounted camera on a vehicle issued to a law
22enforcement officer
under s. 175.47 (5) (b).
AB465,27 23Section 27. 165.87 (4) of the statutes is created to read:
AB465,9,3
1165.87 (4) A law enforcement agency that uses a body camera on a law
2enforcement officer on the effective date of this subsection .... [LRB inserts date] may
3not discontinue use of a body camera on that law enforcement officer.
AB465,28 4Section 28 . 165.87 (4) of the statutes, as created by 2021 Wisconsin Act .... (this
5act), is repealed.
AB465,29 6Section 29 . Initial applicability.
AB465,9,117 (1) The treatment of ss. 111.70 (4) (mc) 7. and 111.91 (2) (t) and the creation of
8s. 165.87 (1m) (b) first apply to an employee who is covered by a collective bargaining
9agreement under subch. IV or V of ch. 111 that contains provisions inconsistent with
10this act on the day on which the agreement expires or is terminated, extended,
11modified, or renewed, whichever occurs first.
AB465,30 12Section 30 . Effective dates. This act takes effect on the day after publication,
13except as follows:
AB465,9,1614 (1) The treatment of ss. 165.85 (4) (em) and 165.87 (1) (a), (b) (by Section 8),
15(c) (by Section 10 ), (d) (by Section 12 ), and (e) and the repeal of s. 165.87 (1m) and
16(4) take effect on January 1, 2025.
AB465,9,1717 (End)
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