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CORRECTED COPY
LRBs0159/1
MLJ:kjf
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 331
June 1, 2021 - Offered by Representatives Steineke and Stubbs.
AB331-ASA1,1,4 1An Act to create 165.85 (4) (a) 5m. of the statutes; relating to: requiring
2prospective law enforcement officers to complete a psychological examination
3prior to employment as a law enforcement officer and granting rule-making
4authority.
Analysis by the Legislative Reference Bureau
This bill adds to the responsibilities of the Law Enforcement Standards Board
(LESB). Under current law, the LESB must establish the minimum education and
training standards for admission to employment as a law enforcement officer,
establish minimum curriculum requirements for preparatory courses and programs,
establish minimum curriculum requirements for recertification and advanced
courses, and develop criteria for annual recertification training relating to police
pursuit and handgun operation qualification. Additionally, the LESB is required to
certify law enforcement officers following their preparatory training program and
annually recertify officers who have completed their recertification training, and
may also decertify officers for a variety of reasons.
This bill provides that prior to employment on a full-time basis as a law
enforcement officer, an individual must submit to a psychological examination to
determine the individual's suitability to perform the duties of an officer. The LESB
must promulgate administrative rules to govern the administration and

interpretation of such psychological examinations, including the type of test to be
used and the time limits on such an examination's applicability. The examination
must be performed by a licensed psychologist or a licensed physician, and must be
paid for by the prospective employer. The records associated with the examination
must be kept confidential and are not subject to public disclosure, but the
determination of the individual's suitability to perform the duties of a law
enforcement officer may be disclosed by the prospective employer or the LESB to
other prospective employers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB331-ASA1,1 1Section 1. 165.85 (4) (a) 5m. of the statutes is created to read:
AB331-ASA1,2,62 165.85 (4) (a) 5m. a. Beginning on the first day of the 13th month after the
3effective date of this subd. 5m. a. .... [LRB inserts date], before a person may
4commence employment on a full-time basis as a law enforcement officer, that person
5shall submit to a psychological examination to determine the person's suitability to
6perform the duties of a law enforcement officer.
AB331-ASA1,2,137 b. The board shall promulgate rules to govern the administration and
8interpretation of psychological examinations under subd. 5m. a., including the type
9of examination to be used and the period of time for which the results of an
10examination shall be determinative of an applicant's eligibility to be employed on a
11full-time basis as a law enforcement officer. Rules under this subd. 5m. b. shall be
12promulgated in consultation with the psychology examining board and shall be
13consistent with nationally recognized guidelines for law enforcement examinations.
AB331-ASA1,2,1614 c. The prospective employer shall coordinate, at its own expense, a
15psychological examination under subd. 5m. a., to be performed by a licensed
16psychologist or a licensed physician.
AB331-ASA1,3,417 d. The licensed psychologist or licensed physician performing a psychological
18examination under subd. 5m. a. shall determine whether the person is suitable to

1perform the duties of a law enforcement officer and disclose that determination to the
2prospective employer, and the prospective employer shall notify the board of the
3determination. The licensed psychologist or licensed physician shall disclose the
4contents of the psychological examination to the prospective employer upon request.
AB331-ASA1,3,85 e. No person who has been found, after a psychological examination under
6subd. 5m. a., to be unsuitable to perform the duties of a law enforcement officer, may
7be employed on a full-time basis as a law enforcement officer for the period of time
8established by rule under subd. 5m. b.
AB331-ASA1,3,139 f. The licensed psychologist or licensed physician performing a psychological
10examination under subd. 5m. a. and the prospective employer shall keep confidential
11the contents of the psychological examination, and any such records pertaining to the
12psychological examination performed under subd. 5m. a. are not open to public
13inspection, copying, or disclosure under s. 19.35.
AB331-ASA1,3,1914 g. The prospective employer or the board may disclose the determination made
15under subd. 5m. d. to another interviewing law enforcement agency. No law
16enforcement agency may enter into a nondisclosure agreement preventing another
17interviewing law enforcement agency from accessing the determination made from
18a psychological examination under subd. 5m. d. after the effective date of this subd.
195m. g. .... [LRB inserts date].
AB331-ASA1,3,2220 h. This subdivision applies only to a person seeking to commence employment
21on a full-time basis as a law enforcement officer for the first time in his or her
22lifetime.
AB331-ASA1,2 23Section 2. Effective date.
AB331-ASA1,4,2
1(1) The treatment of s. 165.85 (4) (a) 5m. a., c., d., e., f., g., and h. takes effect
2on January 1, 2022.
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