EVM:amn
2021 - 2022 LEGISLATURE
May 18, 2021 - Introduced by Representatives Steineke, Stubbs,
Armstrong,
Baldeh, Cabral-Guevara, Cabrera, Edming, Goyke, Gundrum, Kitchens,
Krug, Kurtz, Loudenbeck, Macco, Milroy, Moses, Mursau, Novak, Petryk,
Schraa, Spiros, Steffen, Wittke and Zimmerman, cosponsored by Senators
Wanggaard, L. Taylor, Ballweg and Cowles. Referred to Committee on
Criminal Justice and Public Safety.
AB334,1,3
1An Act to renumber and amend 66.0511 (1);
to amend 66.0511 (title); and
to
2create 66.0511 (1) (b) and 66.0511 (4) of the statutes;
relating to: drug testing
3of law enforcement officers involved in certain critical incidents while on duty.
Analysis by the Legislative Reference Bureau
This bill requires law enforcement agencies to adopt a written policy regarding
drug and alcohol testing following an officer-involved critical incident. An
“officer-involved critical incident" is an incident that occurs in the performance of
a law enforcement officer's official duties and in which either 1) the actions of the
officer result in death or great bodily harm to a person or 2) the officer discharges a
firearm at a person. The written policy must require that a law enforcement officer
who is involved in an officer-involved critical incident submit to drug and alcohol
testing following the incident and that the testing be completed as soon as
practicable. The bill also requires that the drugs to be tested for include, at least,
alcohol, amphetamines, cannabis or cannabinoids, opiates, cocaine, phencyclidine
(PCP), and anabolic steroids.
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:
AB334,1
1Section
1. 66.0511 (title) of the statutes is amended to read:
AB334,2,3
266.0511 (title)
Law enforcement
agency policies on use of force and
3citizen complaint procedures agencies.
AB334,2
4Section
2. 66.0511 (1) of the statutes is renumbered 66.0511 (1) (intro.) and
5amended to read:
AB334,2,66
66.0511
(1) Definition
Definitions. (intro.) In this section
, “
law:
AB334,2,7
7(a) “Law enforcement agency" has the meaning given under s. 165.83 (1) (b).
AB334,3
8Section
3. 66.0511 (1) (b) of the statutes is created to read:
AB334,2,119
66.0511
(1) (b) “Officer-involved critical incident" means an incident that
10occurs in the performance of a law enforcement officer's official duties and in which
11any of the following occurs:
AB334,2,1312
1. The actions of the law enforcement officer result in death or great bodily
13harm, as defined in s. 939.22 (14), to a person.
AB334,2,1414
2. The law enforcement officer discharges a firearm at a person.
AB334,4
15Section
4. 66.0511 (4) of the statutes is created to read:
AB334,2,1916
66.0511
(4) Drug and alcohol testing. Each person in charge of a law
17enforcement agency shall adopt a written policy regarding drug and alcohol testing
18following an officer-involved critical incident. The written policy under this
19subsection shall require all of the following:
AB334,2,2120
(a) That each law enforcement officer who is involved in an officer-involved
21critical incident submit to drug and alcohol testing following the incident.
AB334,2,2322
(b) That the drug and alcohol testing under par. (a) be completed as soon as
23practicable after the officer-involved critical incident.
AB334,2,2524
(c) That the drug and alcohol testing under par. (a) include testing for the
25presence and concentration of at least all of the following substances:
AB334,3,22
2. Amphetamines.
AB334,3,33
3. Cannabis or cannabinoids.
AB334,3,66
6. Phencyclidine.
AB334,3,77
7. Anabolic steroids.
