LRB-0074/1
CMH:cjs&ahe
2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Senators Wanggaard, L. Taylor, Darling,
Cowles, Feyen and Roth, cosponsored by Representatives James,
Armstrong, Moses, Murphy and Spiros. Referred to Committee on Judiciary
and Public Safety.
SB118,1,4
1An Act to renumber 175.47 (1) (a);
to amend 175.47 (title) and (1) (c); and
to
2create 15.55, 20.508, 20.923 (4) (e) 1c., 20.923 (6) (be), 175.469, 175.47 (1) (ac),
3(ag), (d) and (e), 175.47 (3m), 175.47 (5) (am) and 230.08 (2) (eg) of the statutes;
4relating to: the creation of an independent use of force review advisory board.
Analysis by the Legislative Reference Bureau
This bill creates an independent use of force review advisory board. Under the
bill, the board conducts independent investigations of deaths and serious injuries to
law enforcement officers and deaths and serious injuries to others resulting from an
action or omission of a law enforcement officer. The board must recommend
measures to reduce the probabilities of deaths and serious injuries from similar
causes and must also review its previous recommendations to determine if they were
implemented and evaluate their effectiveness.
Under the bill, if the board conducts an investigation of an incident involving
an officer that resulted in death or a serious injury, its investigation may begin only
after any mandatory or criminal investigation concludes. The bill grants the board
access to all complete criminal and administrative investigation case files, models
or renderings used in an investigation, and evidence and also to the state crime
laboratories. The board must acquire experts and use advisors as needed to perform
its duties; the experts and advisors include a certified firearms instructor, a
defensive and arrest tactics instructor, an expert in cultural competency, a master
instructor in professional communications, a master instructor in tactical response,
a victim advocate, and a mental health professional.
When the board completes an investigation, it must prepare an advisory report
to be made public and be submitted to the legislature, all law enforcement agencies,
and the Law Enforcement Standards Board. The report must identify events or
developments that led to the officer-involved death or serious injury and make
recommendations to prevent similar incidents in the future. The report must
provide demographic information about each incident, share best practices used by
law enforcement officers, and recommend practices that the board learns when
exercising its review.
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:
SB118,1
1Section 1
. 15.55 of the statutes is created to read:
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215.55 Independent use of force review advisory board. There is created
3an independent use of force review advisory board. The members shall serve
4renewable 3-year terms and shall consist of all of the following:
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5(1) The director of the training and standards bureau, or his or her designee.
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6(2) One member, appointed by the Wisconsin Chiefs of Police Association.
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7(3) One member, appointed by the Badger State Sheriffs' Association.
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8(4) One member, appointed by the Wisconsin Professional Police Association.
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9(5) One member, appointed by the Wisconsin Sheriffs and Deputy Sheriffs
10Association.
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11(6) One member, appointed by the Wisconsin Troopers Association.
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12(7) One member, appointed by the Milwaukee Police Association.
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13(8) One member, appointed by the Wisconsin District Attorneys Association.
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14(9) One member, appointed by the Wisconsin police executive group.
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15(10) One member, appointed by the Wisconsin training academy directors.
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16(11) An attorney specializing in criminal defense, appointed by the State Bar
17of Wisconsin.
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1(12) A mental health professional, appointed by the National Alliance on
2Mental Illness, Wisconsin.
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3(13) One member, jointly appointed by the dean of the University of Wisconsin
4Law School and the dean of the Marquette University Law School.
SB118,3
7Section 3
. 20.508 of the statutes is created to read:
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820.508 Independent use of force review advisory board. There is
9appropriated to the independent use of force review advisory board for the following
10programs:
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11(1) Operations and investigations. (a)
General program operations. The
12amounts in the schedule for general program operations of the independent use of
13force review advisory board.
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14Section 4
. 20.923 (4) (e) 1c. of the statutes is created to read:
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20.923
(4) (e) 1c. Independent use of force review advisory board: executive
16director.
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17Section 5
. 20.923 (6) (be) of the statutes is created to read:
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20.923
(6) (be) Independent use of force review advisory board: all staff
19employees.
SB118,6
1Section
6. 175.469 of the statutes is created to read:
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2175.469 Independent use of force review advisory board. (1) 3Definitions. In this section:
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(a) “Board” means the independent use of force review advisory board.
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(b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
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6(2) Purpose. The purpose of the board is to research and review the causes and
7contributing factors of use-of-force incidents, as provided under this section, by law
8enforcement officers in the course of their duties. This includes the review of state
9statutes and police policy manuals, training standards, and hiring practices to make
10recommendations to improve police tactics, increase the safety of law enforcement
11officers and all who come into contact with a law enforcement officer, and reduce
12probabilities of future death and great bodily harm from similar causes and
13contributing factors.
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14(3) Duties. The board shall do all of the following in performance of its purpose
15under sub. (2) and duties under s. 175.47:
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(a) Determine through an independent investigation and analysis the full
17range of causes and contributing factors, including the relationship between law
18enforcement and community demographics, in the deaths of and serious injuries to
19law enforcement officers, and deaths and serious injuries by law enforcement
20officers, in the course of their official duties, and recommend measures to reduce the
21probabilities of deaths and serious injuries from similar causes and involving similar
22contributing factors.
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(b) Appoint an executive director, outside the classified service, who shall
24appoint all staff necessary for performing the duties and exercising the powers of the
25board.
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1(c) Develop written policies regarding the conduct of investigations and
2analyses under s. 175.47 (3m).
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(d) Communicate with the department of justice and other criminal justice
4agencies as needed.
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(e) Prepare and manage an annual budget.
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(f) Identify and manage actual and perceived conflicts of interest.
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(g) Apply for funding, as appropriate.
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(h) Acquire experts and use advisors as needed to perform its duties and other
9tasks as needed. The experts and advisors include, but are not limited to, a certified
10firearms instructor, a defensive and arrest tactics instructor, an expert in cultural
11competency, a master instructor in professional communications, a master
12instructor in tactical response, a victim advocate, and a mental health professional.
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(i) Review measures the board previously recommended under par. (a) to
14determine if they were implemented and to evaluate their effectiveness.
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15(4) Powers. (a) The board may access all criminal and administrative
16investigation case files, access any models or renderings created or used in an
17investigation, and examine all evidence.
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(b) 1. Unless there is agreement between the board and the party providing the
19files, models or renderings, or evidence, the providing party shall provide an
20unredacted, unaltered file, model or rendering, or evidence to the board.
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2. If the file, model or rendering, or evidence provided under subd. 1. contains
22confidential information or information that is not subject to disclosure pursuant to
23a request under s. 19.35, the providing party shall redact such information and
24provide a redacted version to the board in addition to the unredacted version
25provided under subd. 1. If a redacted version is provided under this subdivision, the
1unredacted version provided under subd. 1. is confidential and is not subject to the
2right of inspection and copying under s. 19.35 (1).
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(c) The board may access the state crime laboratories.
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4Section 7
. 175.47 (title) and (1) (c) of the statutes are amended to read:
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5175.47 (title)
Review of deaths, injuries, and other incidents involving
6officers.
