2021 Assembly BILL 112

February 18, 2021 - Introduced by Representatives James, Murphy, Moses, Armstrong and Spiros, cosponsored by Senators Wanggaard, L. Taylor, Darling, Cowles, Feyen and Roth. Referred to Committee on Criminal Justice and Public Safety.

AB112,1,4 An Act to renumber 175.47 (1) (a); to amend 175.47 (title) and (1) (c); and to create 15.55, 20.508, 20.923 (4) (e) 1c., 20.923 (6) (be), 175.469, 175.47 (1) (ac), (ag), (d) and (e), 175.47 (3m), 175.47 (5) (am) and 230.08 (2) (eg) of the statutes; relating to: the creation of an independent use of force review advisory board.

Analysis by the Legislative Reference Bureau

This bill creates an independent use of force review advisory board. Under the bill, the board conducts independent investigations of deaths and serious injuries to law enforcement officers and deaths and serious injuries to others resulting from an action or omission of a law enforcement officer. The board must recommend measures to reduce the probabilities of deaths and serious injuries from similar causes and must also review its previous recommendations to determine if they were implemented and evaluate their effectiveness.

Under the bill, if the board conducts an investigation of an incident involving an officer that resulted in death or a serious injury, its investigation may begin only after any mandatory or criminal investigation concludes. The bill grants the board access to all complete criminal and administrative investigation case files, models or renderings used in an investigation, and evidence and also to the state crime laboratories. The board must acquire experts and use advisors as needed to perform its duties; the experts and advisors include a certified firearms instructor, a defensive and arrest tactics instructor, an expert in cultural competency, a master instructor in professional communications, a master instructor in tactical response, a victim advocate, and a mental health professional.

When the board completes an investigation, it must prepare an advisory report to be made public and be submitted to the legislature, all law enforcement agencies, and the Law Enforcement Standards Board. The report must identify events or developments that led to the officer-involved death or serious injury and make recommendations to prevent similar incidents in the future. The report must provide demographic information about each incident, share best practices used by law enforcement officers, and recommend practices that the board learns when exercising its review.

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:

AB112,1 Section 1 . 15.55 of the statutes is created to read:

AB112,2,4 15.55 Independent use of force review advisory board. There is created an independent use of force review advisory board. The members shall serve renewable 3-year terms and shall consist of all of the following:

AB112,2,5 (1) The director of the training and standards bureau, or his or her designee.

AB112,2,6 (2) One member, appointed by the Wisconsin Chiefs of Police Association.

AB112,2,7 (3) One member, appointed by the Badger State Sheriffs' Association.

AB112,2,8 (4) One member, appointed by the Wisconsin Professional Police Association.

AB112,2,10 (5) One member, appointed by the Wisconsin Sheriffs and Deputy Sheriffs Association.

AB112,2,11 (6) One member, appointed by the Wisconsin Troopers Association.

AB112,2,12 (7) One member, appointed by the Milwaukee Police Association.

AB112,2,13 (8) One member, appointed by the Wisconsin District Attorneys Association.

AB112,2,14 (9) One member, appointed by the Wisconsin police executive group.

AB112,2,15 (10) One member, appointed by the Wisconsin training academy directors.

AB112,2,17 (11) An attorney specializing in criminal defense, appointed by the State Bar of Wisconsin.

AB112,3,2 (12) A mental health professional, appointed by the National Alliance on Mental Illness, Wisconsin.

AB112,3,4 (13) One member, jointly appointed by the dean of the University of Wisconsin Law School and the dean of the Marquette University Law School.

AB112,2 Section 2 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

AB112,3 Section 3 . 20.508 of the statutes is created to read: