This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 108
June 1, 2021 - Offered by Representatives Steineke and Stubbs.
AB108-ASA1,1,2 1An Act to create 175.44 of the statutes; relating to: use of force by law
2enforcement officers and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill provides standards for the use of physical force by law enforcement
officers and provides requirements for and protection to law enforcement officers
who report the use of noncompliant force.
The bill outlines when it is permissible for a law enforcement officer to use force
against another person and requires a law enforcement officer to report and
intervene when he or she witnesses a noncompliant use of force by another law
enforcement officer.
The bill provides that law enforcement officers are required to make every effort
to preserve and protect human life and the safety of all persons. Under the bill, a law
enforcement officer is authorized to use force that is objectively reasonable based on
the totality of the circumstances, including the severity of the alleged crime at issue,
whether the suspect poses an imminent threat to the safety of law enforcement
officers or others, and whether the suspect is actively resisting or attempting to
evade arrest by flight. Under the bill, a law enforcement officer may use deadly force
only as a last resort when the law enforcement officer reasonably believes that all
other options have been exhausted or would be ineffective and only to stop behavior
that has caused or imminently threatens to cause death or great bodily harm to the
law enforcement officer or another person. When using force, a law enforcement

officer is required to act in good faith to achieve a legitimate law enforcement
objective.
The bill provides that if a law enforcement officer witnesses a noncompliant use
of force by another officer, he or she must report that force, and, if it is safe to do so,
he or she must also intervene to stop the noncompliant use of force, and then report
the intervention. Under the bill, a person who intentionally fails to comply with
reporting requirements may be fined not more than $1,000 or imprisoned not more
than six months or both.
Additionally, the bill provides that no law enforcement officer may be
discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or
otherwise discriminated against in regard to employment, or threatened with any
such treatment, because the law enforcement officer reported a noncompliant use of
force.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB108-ASA1,1 1Section 1 . 175.44 of the statutes is created to read:
AB108-ASA1,2,2 2175.44 Law enforcement use of force. (1) Definitions. In this section:
AB108-ASA1,2,33 (a) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).
AB108-ASA1,2,44 (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
AB108-ASA1,2,8 5(2) Use of force. (a) The sanctity of human life. In serving the community,
6law enforcement officers shall make every effort to preserve and protect human life
7and the safety of all persons. Law enforcement officers shall also respect and uphold
8the dignity of all persons at all times in a nondiscriminatory manner.
AB108-ASA1,2,129 (b) Use of force. When using force, a law enforcement officer is required to act
10in good faith to achieve a legitimate law enforcement objective. A law enforcement
11officer is authorized to use force that is objectively reasonable based on the totality
12of the circumstances, including:
AB108-ASA1,2,1313 1. The severity of the alleged crime at issue.
AB108-ASA1,2,1514 2. Whether the suspect poses an imminent threat to the safety of law
15enforcement officers or others.
AB108-ASA1,3,2
13. Whether the suspect is actively resisting or attempting to evade arrest by
2flight.
AB108-ASA1,3,93 (c) Deadly force. A law enforcement officer may use deadly force only as a last
4resort when the law enforcement officer reasonably believes that all other options
5have been exhausted or would be ineffective. A law enforcement officer may use
6deadly force only to stop behavior that has caused or imminently threatens to cause
7death or great bodily harm to the law enforcement officer or another person. If both
8practicable and feasible, a law enforcement officer shall give a verbal warning before
9using deadly force.
AB108-ASA1,3,15 10(3) Duty to report noncompliant use of force. (a) A law enforcement officer
11who, in the course of his or her law enforcement duties, witnesses another law
12enforcement officer use force that does not comply with the standards under sub. (2)
13(b) or (c) in the course of that law enforcement officer's official duties shall report the
14noncompliant use of force as soon as is practicable after the occurrence of the use of
15such force.
AB108-ASA1,3,1816 (b) A person who intentionally fails to report a noncompliant use of force as
17required under par. (a) may be fined not more than $1,000 or imprisoned not more
18than 6 months or both.
AB108-ASA1,3,22 19(4) Duty to intervene. (a) A law enforcement officer shall, without regard for
20chain of command, intervene to prevent or stop another law enforcement officer from
21using force that does not comply with the standards under sub. (2) (b) or (c) in the
22course of that law enforcement officer's official duties if all of the following apply:
AB108-ASA1,3,2523 1. The law enforcement officer observes the use of force or reasonably should
24have observed the use of force that does not comply with the standards under sub.
25(2) (b) or (c).
AB108-ASA1,4,2
12. The circumstances are such that it is safe for the law enforcement officer to
2intervene.
AB108-ASA1,4,53 (b) A law enforcement officer who intervenes as required under par. (a) shall
4report the intervention to his or her immediate supervisor as soon as is practicable
5after the occurrence of the use of such force.
AB108-ASA1,4,86 (c) A person who intentionally fails to report an intervention as required under
7par. (b) may be fined not more than $1,000 or imprisoned not more than 6 months
8or both.
AB108-ASA1,4,17 9(5) Whistleblower protections. No law enforcement officer may be
10discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or
11otherwise discriminated against in regard to employment, or threatened with any
12such treatment, because the law enforcement officer reported, or is believed to have
13reported, any noncompliant use of force as required under sub. (3) or (4); initiated,
14participated in, or testified in, or is believed to have initiated, participated in, or
15testified in, any action or proceeding regarding a noncompliant use of force; or
16provided any information, or is believed to have provided any information, about
17noncompliant use of force as required under sub. (3) or (4).
Loading...
Loading...