LRB-1945/1

MLJ:amn

2021 - 2022 LEGISLATURE

2021 Assembly BILL 190

March 23, 2021 - Introduced by Representatives Tusler, Cabral-Guevara, Subeck, Sortwell, Bowen, Moses, Rozar, Loudenbeck, Snyder, Plumer, Mursau, Gundrum and Thiesfeldt, cosponsored by Senators Testin, L. Taylor, Ballweg, Bernier, Cowles, Darling, Feyen, Jacque, Marklein, Nass and Wanggaard. Referred to Committee on Criminal Justice and Public Safety.

AB190,1,6 An Act to renumber and amend 165.85 (3) (cm); to amend 165.85 (2) (bv), 165.85 (2) (c), 165.85 (3) (a), 165.85 (3) (b) and 940.203 (1) (c); and to create 165.85 (2) (ap), 165.85 (2) (be), 165.85 (2) (fm), 165.85 (3) (am), 165.85 (3) (cm) 6., 165.85 (4) (em) and 175.65 of the statutes; relating to: the responsibilities of the Law Enforcement Standards Board and disclosure of employment files when recruiting former or current officers.

Analysis by the Legislative Reference Bureau

This bill makes certain changes to the responsibilities of the Law Enforcement Standards Board. Under current law, the Law Enforcement Standards Board regulates the training of law enforcement officers. This bill requires the Law Enforcement Standards Board to also regulate jail and juvenile detention officer training standards, and to regulate recruitment standards for the recruiting of new law enforcement, jail, and juvenile detention officers.

The bill also requires each law enforcement agency to maintain an employment file for each employee. Under the bill, when a law enforcement agency, jail, or juvenile detention facility is recruiting for new officers, the agency, jail, or facility must require each candidate that is or has been employed by a different agency, jail, or facility to authorize that employer to disclose his or her employment files to the recruiting agency, jail, or facility and to release that employer from any liability related to the use and disclosure of the files.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB190,1 Section 1 . 165.85 (2) (ap) of the statutes is created to read:

AB190,2,10 165.85 (2) (ap) “Employment file” means all files relating to a person's employment, including performance reviews, files related to job performance, internal affairs investigative files, administrative files, previous personnel applications, personnel-related claims, disciplinary actions, and all substantiated complaints and commendations, but does not include pay or benefit information, similar administrative data or information that does not relate to performance or conduct, or medical files unless the medical file relates to mental competency issues bearing on the person's suitability for a law enforcement, tribal law enforcement, jail, or juvenile detention officer position.

AB190,2 Section 2 . 165.85 (2) (be) of the statutes is created to read:

AB190,2,13 165.85 (2) (be) “Government agency” means any department, agency, or court of this state, or of a city, village, town, or county in this state.

AB190,3 Section 3 . 165.85 (2) (bv) of the statutes is amended to read:

AB190,2,17 165.85 (2) (bv) “Law enforcement agency" means a governmental unit of this state or a political subdivision of this state that employs one or more law enforcement officers, and includes the Marquette University police department.

AB190,4 Section 4 . 165.85 (2) (c) of the statutes is amended to read:

AB190,3,3 165.85 (2) (c) “Law enforcement officer" means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed and sworn to enforce. “Law enforcement officer" includes a university police officer, as defined in s. 175.42 (1) (b).