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AB426,,112023 ASSEMBLY BILL 426
September 19, 2023 - Introduced by Representatives Sortwell, Penterman, Baldeh, Melotik, Ohnstad and Ortiz-Velez, cosponsored by Senator James. Referred to Committee on Criminal Justice and Public Safety.
AB426,,22An Act to repeal 66.0501 (1); to amend 66.0511 (title); and to create 66.0511 (1) (am), 66.0511 (1) (ar), 66.0511 (1) (c) and 66.0511 (4) of the statutes; relating to: eligibility for appointment as a law enforcement or correctional officer.
AB426,,33Analysis by the Legislative Reference Bureau
Under current law, no person may be appointed as a deputy sheriff of any county or police officer of any city, village, or town unless that person is a citizen of the United States. This bill provides that no person may be appointed as a law enforcement officer or correctional officer unless that person is legally eligible to work in that position in the United States and, if the person is not a citizen of the United States, has been lawfully present in the United States for the six consecutive years preceding appointment. The bill specifies, however, that noncitizen holders of A-3, N-8, or N-9 visas may not be appointed to any of these positions.
AB426,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB426,15Section 1. 66.0501 (1) of the statutes is repealed.
AB426,26Section 2. 66.0511 (title) of the statutes is amended to read:
AB426,,7766.0511 (title) Law enforcement agency policies on use of force and citizen complaint procedures agencies.
AB426,38Section 3. 66.0511 (1) (am) of the statutes is created to read:
AB426,,9966.0511 (1) (am) “Correctional officer” has the meaning given in s. 102.475 (8) (a).
AB426,410Section 4. 66.0511 (1) (ar) of the statutes is created to read:
AB426,,111166.0511 (1) (ar) “Jail officer” has the meaning given in s. 165.85 (2) (bn).
AB426,512Section 5. 66.0511 (1) (c) of the statutes is created to read:
AB426,,131366.0511 (1) (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
AB426,614Section 6. 66.0511 (4) of the statutes is created to read:
AB426,,151566.0511 (4) Employment eligibility. (a) No person may be appointed as a correctional officer, jail officer, or law enforcement officer unless that person is legally eligible to work in that position in the United States and, if the person is not a citizen of the United States, has been lawfully present in the United States for the 6 consecutive years preceding appointment.
AB426,,1616(b) Notwithstanding par. (a), no person who is an alien within a class of nonimmigrant aliens under 8 USC 1101 (a) (15) (A) (iii) or (N) (i) or (ii) may be appointed as a correctional officer, jail officer, or law enforcement officer.
AB426,,1717(c) This subsection does not apply to common carriers.
AB426,,1818(end)
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