AB455: Bill Text

LRB-2856/1

MLJ:emw

2021 - 2022 LEGISLATURE

2021 Assembly BILL 455

July 12, 2021 - Introduced by Representatives Bowen, Hong, Anderson, Baldeh, Billings, Cabrera, Conley, Considine, Emerson, Goyke, Hebl, L. Myers, Moore Omokunde, Neubauer, Shankland, Shelton, Sinicki, Spreitzer and Subeck, cosponsored by Senators Johnson, Agard, Carpenter, Larson and Roys. Referred to Committee on Criminal Justice and Public Safety.

AB455,1,5 An Act to renumber 165.845 (1) (intro.), (b) and (c); to renumber and amend 165.845 (1) (a); to amend 165.845 (title) and 165.845 (2); and to create 20.455 (2) (fj), 165.845 (1g), 165.845 (1r) (a) 2., 165.845 (1r) (d) and 165.845 (1r) (e) of the statutes; relating to: reporting of law enforcement use-of-force incidents and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill requires that the Department of Justice publish an annual report on law enforcement use-of-force incidents, including incidents where there was a shooting, where a firearm was discharged in the direction of a person (even if there was no injury), and where other serious bodily harm resulted from the incident. The bill requires certain demographic information to be collected about each such incident and reported annually by DOJ on its website. The bill also makes an initial appropriation to DOJ of $100,000 to cover data collection costs and also appropriates $100,000 annually that DOJ must use to reimburse local law enforcement agencies for data collection and reporting costs.

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:

AB455,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB455,2 Section 2 . 20.455 (2) (fj) of the statutes is created to read:

AB455,2,7 20.455 (2) (fj) Data collection and reporting. The amounts in the schedule for data collection and reporting costs under s. 165.845 (1r) and to reimburse local law enforcement agencies for data collection and reporting costs in accordance with s. 165.845 (1r) (e).

AB455,3 Section 3. 165.845 (title) of the statutes is amended to read:

AB455,2,9 165.845 (title) Collect Collection and reporting of crime data.

AB455,4 Section 4 . 165.845 (1) (intro.), (b) and (c) of the statutes are renumbered 165.845 (1r) (intro.), (b) and (c).

AB455,5 Section 5 . 165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.) and amended to read:

AB455,2,19 165.845 (1r) (a) (intro.) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The department of justice may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data all of the following:

AB455,3,2 1. Data requested by the federal bureau of investigation under its system of uniform crime reports for the United States.

AB455,6 Section 6 . 165.845 (1g) of the statutes is created to read:

AB455,3,5 165.845 (1g) In this section, “serious bodily harm” has the meaning given in s. 969.001 (2).

AB455,7 Section 7 . 165.845 (1r) (a) 2. of the statutes is created to read:

AB455,3,15 165.845 (1r) (a) 2. For any incident involving the shooting of a civilian by a law enforcement officer or the shooting of a law enforcement officer by a civilian; any incident involving the discharge of a firearm by a law enforcement officer at or in the direction of a civilian or the discharge of a firearm by a civilian at or in the direction of a law enforcement officer; and any incident in which an action taken by a law enforcement officer as a response to an act of resistance results in serious bodily harm or death or in which an act of resistance taken by a civilian against a law enforcement officer results in serious bodily harm or death, all of the following information:

AB455,3,17 a. The gender, race, ethnicity, and age of each person who was shot at, injured, or killed.

AB455,3,18 b. The date, time, and location of the incident.

AB455,3,20 c. Whether any civilian involved in the incident was armed and, if he or she was armed, the type of weapon that the civilian had.

AB455,3,23 d. The type of resistance used against the law enforcement officer by the civilian, the type of action taken in response by the officer, and, if applicable, the types of weapons used.

AB455,3,24 e. The number of law enforcement officers involved in the incident.

AB455,3,25 f. The number of civilians involved in the incident.

AB455,4,2 g. A brief description regarding the circumstances surrounding the incident, including perceptions on behavior or mental disorders.

AB455,8 Section 8. 165.845 (1r) (d) of the statutes is created to read:

AB455,4,8 165.845 (1r) (d) Publish an annual report using the information collected under par. (a) 2. The report may be published electronically on the department of justice's Internet site in an interactive format and shall include, at a minimum, all information that is reported to the department by local law enforcement agencies under par. (a) 2.

AB455,9 Section 9 . 165.845 (1r) (e) of the statutes is created to read:

AB455,4,13 165.845 (1r) (e) From the appropriation under s. 20.455 (2) (fj), reimburse local law enforcement agencies that request reimbursement for costs associated with the collection and reporting of the information specified in par. (a) 2. Reimbursements issued under this paragraph may not exceed a total of $100,000 per year.

AB455,10 Section 10 . 165.845 (2) of the statutes is amended to read:

AB455,4,21 165.845 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information described in sub. (1) (1r) (a) on the basis of the forms or instructions or both to be supplied by the department under sub. (1) (a) (1r) (b). The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.

AB455,11 Section 11 . Effective date.

AB455,4,24 (1) This act takes effect on the day after publication, or on the 2nd day after the publication of the 2021 biennial budget act, whichever is later.

AB455,4,25 (End)