LRB-2222/1
EAW:kjf
2021 - 2022 LEGISLATURE
March 5, 2021 - Introduced by Representatives Spiros,
Armstrong, Brandtjen,
Moses, Thiesfeldt and Tusler, cosponsored by Senators Wanggaard, L.
Taylor, Darling, Cowles, Feyen, Jacque and Nass. Referred to Committee on
Government Accountability and Oversight.
AB134,1,3
1An Act to renumber and amend 66.0511 (1);
to amend 66.0511 (2); and
to
2create 66.0511 (1) (a) of the statutes;
relating to: prohibiting use of choke
3holds by law enforcement officers in use of force policies.
Analysis by the Legislative Reference Bureau
Current law requires law enforcement agencies to develop policies on the use
of force by law enforcement officers in the performance of their duties. This bill
provides that a law enforcement agency may not authorize in its use of force policy
the use of choke holds by law enforcement officers, except in life-threatening
situations or in self-defense.
For further information see the 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:
AB134,1
4Section
1. 66.0511 (1) of the statutes is renumbered 66.0511 (1) (intro.) and
5amended to read:
AB134,1,66
66.0511
(1) Definition Definitions. (intro.) In this section
, “law:
AB134,1,7
7(b) “Law enforcement agency" has the meaning given under s. 165.83 (1) (b).
AB134,2
1Section
2. 66.0511 (1) (a) of the statutes is created to read:
AB134,2,42
66.0511
(1) (a) “Choke hold” means the intentional and prolonged application
3of force to the throat or windpipe that prevents or hinders breathing or reduces the
4intake of air.
AB134,3
5Section
3. 66.0511 (2) of the statutes is amended to read:
AB134,2,116
66.0511
(2) Use of force policy. Each person in charge of a law enforcement
7agency shall prepare in writing and make available for public scrutiny a policy or
8standard regulating the use of force by law enforcement officers in the performance
9of their duties.
A law enforcement agency may not authorize the use of choke holds
10by law enforcement officers in a policy or standard under this subsection, except in
11life-threatening situations or in self-defense.
AB134,4
12Section
4.
Effective date.
AB134,2,1513
(1)
Use of choke holds. The renumbering and amendment of s. 66.0511 (1),
14the amendment of s. 66.0511 (2), and the creation of s. 66.0511 (1) (a) take effect on
15the 30th day after publication.