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LRB-4132/1
EAW&MIM:skw
2021 - 2022 LEGISLATURE
August 5, 2021 - Introduced by Senator L. Taylor, cosponsored by Representatives
Brostoff, Bowen, Anderson, Hesselbein, Hong, Moore Omokunde, Shelton
and Sinicki. Referred to Committee on Judiciary and Public Safety.
SB479,1,7 1An Act to repeal 165.87 (1) (a), 165.87 (1) (e), 165.87 (1m) and 165.87 (4); to
2amend
165.87 (title), 165.87 (1) (intro.), 165.87 (1) (b), 165.87 (1) (c), 165.87 (1)
3(d), 165.87 (2) (a), 165.87 (2) (b) (intro.), 165.87 (2) (d), 165.87 (2) (e), 165.87 (3)
4(a) 2. (intro.), 165.87 (3) (b), 165.87 (3) (c) 1., 165.87 (3) (c) 2., 165.87 (3) (d) and
5165.87 (3) (e); and to create 111.70 (4) (mc) 7., 111.91 (2) (t), 165.85 (4) (em),
6165.87 (1) (dm), 165.87 (1m) and 165.87 (4) of the statutes; relating to:
7requiring the use of body cameras by law enforcement and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, if a law enforcement agency uses a body camera on a law
enforcement officer, the law enforcement agency is required to administer a written
policy regarding the use of body cameras. Under current law, the written policy is
required to cover any limitations the law enforcement agency imposes on which law
enforcement officers may wear a body camera, and any limitations on situations,
persons, or encounters that may be recorded by a body camera. Current law also
specifies data retention requirements for data from a body camera and specifies
when data from a body camera may be released to the public under the open records
law.
This bill does all of the following with respect to a body camera and a
dashboard-mounted camera used by law enforcement:

1. Requires the Law Enforcement Standards Board (LESB) to develop a
statewide policy for a law enforcement officer's use, maintenance, and storage of a
body camera or a dashboard-mounted camera, and data recorded by such a camera
by January 1, 2025. Under the bill, the policy developed by the LESB will replace
the policy of a law enforcement agency. Under the bill, the LESB policy must require
law enforcement officers to record every encounter with a civilian. Exceptions to this
standard must be specific and based on best practices under the bill.
2. Specifies that if a law enforcement officer intentionally violates a written
policy on body cameras by failing to use the camera, the law enforcement officer is
guilty of the crime of misconduct in public office, a Class I felony.
3. Specifies that a law enforcement agency that is using a body camera on a law
enforcement officer on the effective date of the bill is required to continue use of a
body camera on that law enforcement officer until January 1, 2025, when the LESB
policy will take effect.
4. Requires a law enforcement agency to provide body cameras to each of its law
enforcement officers and dashboard-mounted cameras for each of its vehicles by
January 1, 2025.
5. Requires a law enforcement agency to conduct periodic reviews of body
camera and dashboard-mounted camera footage for compliance with the law
enforcement agency's use of force policy. If the law enforcement agency determines,
as a result of such a periodic review, that a law enforcement officer has violated a use
of force policy, the bill requires that the law enforcement agency immediately
terminate employment of the law enforcement officer.
6. Applies to dashboard-mounted cameras the current data retention and open
records requirements for body cameras.
Also, under current law, a collective bargaining unit that represents law
enforcement officers may generally bargain wages, hours, and conditions of
employment. Under the bill, mandatory termination of employment for a violation
of a use of force policy that is discovered upon review of body camera or
dashboard-mounted camera footage may not be collectively bargained.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
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:
SB479,1 1Section 1. 111.70 (4) (mc) 7. of the statutes is created to read:
SB479,2,32 111.70 (4) (mc) 7. The termination of a public safety employee under s. 165.87
3(1m) (b).
SB479,2
1Section 2. 111.91 (2) (t) of the statutes is created to read:
SB479,3,32 111.91 (2) (t) The termination of a public safety employee under s. 165.87 (1m)
3(b).
SB479,3 4Section 3. 165.85 (4) (em) of the statutes is created to read:
SB479,3,85 165.85 (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.
SB479,3,129 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.
SB479,3,1613 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.
SB479,3,1917 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).
SB479,4 20Section 4. 165.87 (title) of the statutes is amended to read:
SB479,3,22 21165.87 (title) Body cameras and dashboard-mounted cameras and law
22enforcement.
SB479,5 23Section 5. 165.87 (1) (intro.) of the statutes is amended to read:
SB479,4,3
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
:
SB479,6 4Section 6. 165.87 (1) (a) of the statutes is repealed.
SB479,7 5Section 7. 165.87 (1) (b) of the statutes is amended to read:
SB479,4,86 165.87 (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).
SB479,8 9Section 8 . 165.87 (1) (b) of the statutes, as affected by 2021 Wisconsin Act ....
10(this act), is amended to read:
SB479,4,1311 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).
SB479,9 14Section 9. 165.87 (1) (c) of the statutes is amended to read:
SB479,4,1715 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).
SB479,10 18Section 10 . 165.87 (1) (c) of the statutes, as affected by 2021 Wisconsin Act ....
19(this act), is amended to read:
SB479,4,2220 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).
SB479,11 23Section 11. 165.87 (1) (d) of the statutes is amended to read:
SB479,5,224 165.87 (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).
SB479,12 3Section 12 . 165.87 (1) (d) of the statutes, as affected by 2021 Wisconsin Act ....
4(this act), is amended to read:
SB479,5,85 165.87 (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).
SB479,13 9Section 13. 165.87 (1) (dm) of the statutes is created to read:
SB479,5,1310 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.
SB479,14 14Section 14. 165.87 (1) (e) of the statutes is repealed.
SB479,15 15Section 15. 165.87 (1m) of the statutes is created to read:
SB479,5,1816 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).
SB479,5,2319 (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.
SB479,16 24Section 16 . 165.87 (1m) of the statutes, as created by 2021 Wisconsin Act ....
25(this act), is repealed.
SB479,17
1Section 17. 165.87 (2) (a) of the statutes is amended to read:
SB479,6,52 165.87 (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.
SB479,18 6Section 18. 165.87 (2) (b) (intro.) of the statutes is amended to read:
SB479,6,117 165.87 (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):
SB479,19 12Section 19. 165.87 (2) (d) of the statutes is amended to read:
SB479,6,1813 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.
SB479,20 19Section 20. 165.87 (2) (e) of the statutes is amended to read:
SB479,6,2320 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).
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