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Effective date note NOTE: This section is repealed eff. 7-1-22 by 2021 Wis. Act 116.
175.405 History History: 2011 a. 32; 2021 a. 116.
175.41 175.41 Arrest and assistance; wardens employed by the Great Lakes Indian Fish and Wildlife Commission.
175.41(1)(1)In this section:
175.41(1)(a) (a) “Ceded territory" means the territory in Wisconsin ceded by the Chippewa Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842, 7 Stat. 591.
175.41(1)(b) (b) “Commission" means the Great Lakes Indian Fish and Wildlife Commission.
175.41(1)(c) (c) “Commission warden" means a conservation warden employed by the commission.
175.41(2) (2)For purposes of civil and criminal liability, a commission warden may, when in fresh pursuit, follow anywhere in the state outside the ceded territory and arrest any of the following:
175.41(2)(a) (a) A Chippewa tribal member for violation of the Chippewa off-reservation conservation code, if the conditions of sub. (3) (a) and (e) are met.
175.41(2)(b) (b) Any person for violation of the laws of this state, if the conditions of sub. (3) (a) to (e) are met.
175.41(3) (3)Within the ceded territory, a commission warden may arrest a person for violation of state law or provide aid or assistance to a Wisconsin peace officer if all of the following criteria are met:
175.41(3)(a) (a) The commission warden is on duty and on official business.
175.41(3)(b) (b) Any of the following applies:
175.41(3)(b)1. 1. The commission warden is responding to any of the following:
175.41(3)(b)1.a. a. An emergency situation that poses a significant threat to life or a significant threat of bodily harm.
175.41(3)(b)1.b. b. Acts that the commission warden believes, on reasonable grounds, constitute a felony.
175.41(3)(b)2. 2. The commission warden is rendering aid or assistance to a Wisconsin peace officer in an emergency or at the request of the Wisconsin peace officer.
175.41(3)(c) (c) The commission warden meets the requirements of s. 165.85 (4) (a) 1., 2., and 7. and has agreed to accept the duties of a law enforcement officer under the laws of this state.
175.41(3)(d) (d) The commission has adopted and implemented written policies regarding making arrests and rendering aid or assistance under this subsection, including a policy on notification to and cooperation with the law enforcement agency of the jurisdiction in which such arrests are made.
175.41(3)(e) (e) The commission maintains liability insurance that does all of the following:
175.41(3)(e)1. 1. Covers the commission and commission wardens for acts and omissions under sub. (4).
175.41(3)(e)2. 2. Has a limit of coverage not less than $2,000,000 for any occurrence.
175.41(3)(e)3. 3. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.
175.41(4) (4)Except as otherwise provided in an agreement between the commission and the state or a subdivision of the state, the commission is liable for all acts and omissions of a commission warden while acting under sub. (2) or (3), and neither the state nor any political subdivision of the state may be held liable for any action of a commission warden taken under the authority of sub. (2) or (3). For purposes of civil and criminal liability, a commission warden acting under sub. (2) or (3) is considered to be acting in an official capacity.
175.41(5) (5)Subsections (2) and (3) apply only if the commission has presented evidence to the department of justice of the insurance under sub. (3) (e). Upon receipt of evidence of insurance under sub. (3) (e), the department of justice shall notify the sheriff of each county in the ceded territory that the commission has met this criterion for performing the powers and duties described under subs. (2) and (3).
175.41 History History: 2007 a. 27; 2013 a. 214.
175.42 175.42 Marquette University police department.
175.42(1)(1)In this section:
175.42(1)(a) (a) “University" means Marquette University.
175.42(1)(b) (b) “University police officer" means an officer who is employed by the university police department, who has met the requirements of s. 165.85 (4) (a) 2. and 7. a., and who has agreed to accept the duties of a law enforcement officer under the laws of this state.
175.42(2) (2)
175.42(2)(a)(a) The university may enter into an agreement with the attorney general or with the city of Milwaukee police department to establish a university police department and employ university police officers for the purposes of maintaining public order, detecting and preventing crime, and enforcing state laws and local ordinances on the grounds of the university and in adjacent areas, as provided for in the agreement. The agreement establishing the university police department is subject to review under s. 62.50 (1m) by the board of fire and police commissioners.
175.42(2)(b)1.1. Subject to the terms of the agreement under par. (a), university police officers have the same powers as law enforcement officers employed by the city of Milwaukee to maintain public order, to detect and prevent crime, to enforce state laws and local ordinances, and to make arrests for violations of state laws and local ordinances.
175.42(2)(b)2. 2. The law enforcement powers under subd. 1. of university police officers shall be concurrent with other law enforcement officers.
175.42(2)(b)3. 3. Subject to the terms of the agreement under par. (a), the university may assign additional duties to the university police department, including the enforcement of university regulations.
175.42(2)(c) (c) The university police department shall do all of the following:
175.42(2)(c)1. 1. Ensure that each university police officer meets the requirements of s. 165.85 (4) (a) 2. and 7. a. and has agreed to accept the duties of a law enforcement officer under the laws of this state.
175.42(2)(c)2. 2. Adopt and implement written policies regarding law enforcement activities and rendering aid or assistance under this section, including a policy on notification to and cooperation with a law enforcement agency in the jurisdiction in which arrests are made.
175.42(2)(c)3. 3. Maintain liability insurance, and present evidence of the insurance to the department of justice, that does all of the following:
175.42(2)(c)3.a. a. Covers the university and university police officers for acts and omissions under sub. (4).
175.42(2)(c)3.b. b. Has a limit of coverage not less than $2,000,000 for any occurrence.
175.42(2)(c)3.c. c. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.
175.42(3) (3)For purposes of civil and criminal liability, a university police officer may, when in fresh pursuit, follow anywhere in the state and arrest any person for violation of the laws of this state, if the conditions of sub. (2) (c) are met.
175.42(4) (4)
175.42(4)(a)(a) Except as otherwise provided in an agreement under sub. (2) (a), the university is liable for all acts and omissions of a university police officer while acting under this section, and neither the state nor any political subdivision of the state may be held liable for any action of a university police officer taken under the authority of this section. For purposes of civil and criminal liability, a university police officer acting under this section is considered to be acting in an official capacity.
175.42(4)(b) (b) The university shall pay in full any judgment in which the university and the state or a political subdivision of the state are found jointly and severally liable for any act of a university police officer taken under this section and shall reimburse the state or political subdivision for all reasonable attorneys fees and expenses incurred in defending the action.
175.42 History History: 2013 a. 265; 2015 a. 195.
175.44 175.44 Law enforcement use of force.
175.44(1)(1)Definitions. In this section:
175.44(1)(a) (a) “Law enforcement agency” has the meaning given in s. 165.83 (1) (b).
175.44(1)(b) (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
175.44(2) (2) Use of force.
175.44(2)(a)(a) The sanctity of human life. In serving the community, law enforcement officers shall make every effort to preserve and protect human life and the safety of all persons. Law enforcement officers shall also respect and uphold the dignity of all persons at all times in a nondiscriminatory manner.
175.44(2)(b) (b) Use of force. When using force, a law enforcement officer is required to act in good faith to achieve a legitimate law enforcement objective. A law enforcement officer is authorized to use force that is objectively reasonable based on the totality of the circumstances, including:
175.44(2)(b)1. 1. The severity of the alleged crime at issue.
175.44(2)(b)2. 2. Whether the suspect poses an imminent threat to the safety of law enforcement officers or others.
175.44(2)(b)3. 3. Whether the suspect is actively resisting or attempting to evade arrest by flight.
175.44(2)(c) (c) Deadly force. A law enforcement officer may use deadly force only as a last resort when the law enforcement officer reasonably believes that all other options have been exhausted or would be ineffective. A law enforcement officer may use deadly force only to stop behavior that has caused or imminently threatens to cause death or great bodily harm to the law enforcement officer or another person. If both practicable and feasible, a law enforcement officer shall give a verbal warning before using deadly force.
175.44(3) (3) Duty to report noncompliant use of force.
175.44(3)(a) (a) A law enforcement officer who, in the course of his or her law enforcement duties, witnesses another law enforcement officer use force that does not comply with the standards under sub. (2) (b) or (c) in the course of that law enforcement officer's official duties shall report the noncompliant use of force as soon as is practicable after the occurrence of the use of such force.
175.44(3)(b) (b) A person who intentionally fails to report a noncompliant use of force as required under par. (a) may be fined not more than $1,000 or imprisoned not more than 6 months or both.
175.44(4) (4) Duty to intervene.
175.44(4)(a)(a) A law enforcement officer shall, without regard for chain of command, intervene to prevent or stop another law enforcement officer from using force that does not comply with the standards under sub. (2) (b) or (c) in the course of that law enforcement officer's official duties if all of the following apply:
175.44(4)(a)1. 1. The law enforcement officer observes the use of force that does not comply with the standards under sub. (2) (b) or (c).
175.44(4)(a)2. 2. The circumstances are such that it is safe for the law enforcement officer to intervene.
175.44(4)(b) (b) A law enforcement officer who intervenes as required under par. (a) shall report the intervention to his or her immediate supervisor as soon as is practicable after the occurrence of the use of such force.
175.44(4)(c) (c) A person who intentionally fails to intervene as required under par. (a) or intentionally fails to report an intervention as required under par. (b) may be fined not more than $1,000 or imprisoned not more than 6 months or both.
175.44(5) (5) Whistleblower protections. No law enforcement officer may be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to employment, or threatened with any such treatment, because the law enforcement officer reported, or is believed to have reported, any noncompliant use of force as required under sub. (3) or (4); intervened to prevent or stop a noncompliant use of force as required under sub. (4); initiated, participated in, or testified in, or is believed to have initiated, participated in, or testified in, any action or proceeding regarding a noncompliant use of force; or provided any information, or is believed to have provided any information, about noncompliant use of force as required under sub. (3) or (4).
175.44 History History: 2021 a. 75.
175.46 175.46 Mutual aid agreements.
175.46(1)(1)In this section:
175.46(1)(a) (a) “Border county" means any of the following:
175.46(1)(a)1. 1. Any Wisconsin county that has land that is within 5 miles from any land of a physically adjacent state, as measured, where applicable, by any land that is above the ordinary high water mark.
175.46(1)(a)2. 2. Any county of a physically adjacent state which county has land that is within 5 miles from any land of Wisconsin, as measured, where applicable, by any land that is above the ordinary high water mark.
175.46(1)(b) (b) “Law enforcement agency of a physically adjacent state" means a governmental unit of one or more persons employed by a physically adjacent state or a political subdivision of a physically adjacent state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
175.46(1)(c) (c) “Law enforcement officer of a physically adjacent state" means any person employed by a physically adjacent state or any political subdivision of a physically adjacent 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 he or she is employed to enforce.
175.46(1)(d) (d) “Physically adjacent state" means Minnesota, Iowa, Illinois or Michigan.
175.46(1)(e) (e) “Political subdivision" means a county, city, village or town.
175.46(1)(f) (f) “Wisconsin law enforcement agency" means a governmental unit of one or more persons employed by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
175.46(1)(g) (g) “Wisconsin law enforcement officer" means any person employed by this state or any political subdivision of this 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 he or she is employed to enforce.
175.46(2) (2)Except as provided in sub. (8), a Wisconsin law enforcement agency may enter into a mutual aid agreement with a law enforcement agency of a physically adjacent state authorizing one or more of the following:
175.46(2)(a) (a) Law enforcement officers of the law enforcement agency of the physically adjacent state to act with some or all of the arrest and other police authority of a law enforcement officer of the Wisconsin law enforcement agency while within the Wisconsin law enforcement agency's territorial jurisdiction and within a border county.
175.46(2)(b) (b) Law enforcement officers of the Wisconsin law enforcement agency to act with some or all of the arrest and other police authority of a law enforcement officer of the law enforcement agency of the physically adjacent state while within that agency's territorial jurisdiction and within a border county.
175.46(3) (3)An agreement under this section shall be written and may be on an individual case-by-case basis or may be on a continuing basis until terminated by either agency.
175.46(4) (4)An agreement under this section may grant authority to an officer only to enforce laws and make arrests for violations of laws that are similar to the types of laws that he or she is authorized to enforce or make arrests for regarding violations of in his or her home state.
175.46(5) (5)
175.46(5)(a)(a) Except as provided in par. (b), any agreement under this section shall provide that any Wisconsin law enforcement officer, acting under the agreement in another state, shall continue to be covered by his or her employing agency for purposes of worker's compensation, unemployment insurance, benefits under ch. 40 and civil liability and any officer of another state acting in Wisconsin under the agreement shall continue to be covered for worker's compensation, unemployment insurance, disability and other employee benefits and civil liability purposes by his or her employing agency in his or her home state. Any Wisconsin officer acting within an adjoining state, under the agreement, is considered while so acting to be in the ordinary course of his or her employment with his or her employing Wisconsin law enforcement agency.
175.46(5)(b) (b) An agreement under this section shall provide that any Wisconsin law enforcement officer, acting under the agreement in another state, is subject to any immunity from liability or limit on liability to the same extent as any officer of the other state. An agreement under this section shall provide that any law enforcement officer of another state, acting under the agreement in Wisconsin, is subject to any immunity from liability or limit on liability to the same extent as a Wisconsin law enforcement officer.
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2019-20 Wisconsin Statutes updated through 2021 Wis. Act 237 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on April 28, 2022. Published and certified under s. 35.18. Changes effective after April 28, 2022, are designated by NOTES. (Published 4-28-22)