November 19, 2021 - Introduced by Senators Larson, Roys, Johnson and Agard,
cosponsored by Representatives Brostoff, Bowen, Hong, Moore Omokunde,
Anderson, Baldeh, Drake, Hebl, L. Myers, Cabrera, Stubbs and Spreitzer.
Referred to Committee on Judiciary and Public Safety.

SB714,1,2 1An Act to create 19.35 (8) of the statutes; relating to: public access to records
2concerning the conduct of law enforcement officers.

This bill creates a number of requirements under Wisconsin's public records
law in connection with certain records relating to law enforcement officers.

Under the bill, all of the following records are subject to disclosure under the
public records law without prior notice to the record subject:

1. Any record relating to the report, investigation, or findings of any incident
involving the discharge of a firearm at a person by a law enforcement officer or an
incident in which the use of force by a law enforcement officer against a person
resulted in death or in great bodily harm.

2. Any record relating to an incident in which a sustained finding was made
that a law enforcement officer engaged in sexual assault involving a member of the
public. The bill defines “sustained finding” to mean “a final determination by an
investigating agency, commission, board, hearing officer, or arbitrator, following an
investigation and opportunity for an administrative appeal, if applicable, that the
conduct of a law enforcement officer violated law or law enforcement agency policy.”

3. Any record relating to an incident in which a sustained finding was made
that a law enforcement officer used unreasonable or excessive force.

4. Any record relating to an incident in which a sustained finding was made
that a law enforcement officer failed to intervene against another officer using force
that was clearly unreasonable or excessive.

5. Any record relating to an incident in which a sustained finding was made of
dishonesty by a law enforcement officer directly relating to the reporting,

investigation, or prosecution of a crime, or directly relating to the reporting or
investigation of misconduct by another law enforcement officer, including any
sustained finding of perjury, false statements, filing false reports, or the destruction,
falsification, or concealment of evidence.

6. Any record relating to an incident in which a sustained finding was made
that a law enforcement officer engaged in conduct, including verbal statements,
writings, online posts, recordings, or gestures, involving prejudice or discrimination
against a person on the basis of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or
military or veteran status.

7. Any record relating to an incident in which a sustained finding was made
that a law enforcement officer made an unlawful arrest or conducted an unlawful
search.

Under the bill, subject to a number of exceptions, a record of an incident
specified above that is the subject of an active criminal or administrative
investigation may be withheld.

Under the bill, records subject to disclosure above may be withheld or redacted
for any of the following purposes: