Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1222 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1222
5	5	April 11, 2024 - Introduced by Representatives MADISON, MOORE OMOKUNDE and
6	6	CLANCY, cosponsored by Senators L. JOHNSON and LARSON. Referred to
7	7	Committee on Criminal Justice and Public Safety.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to renumber and amend 165.85 (3) (cm); to amend 165.85 (3m) (c),
10	10	165.85 (4) (c) 7. and 175.44 (2) (b) (intro.); and to create 165.85 (3m) (am) 1m.
11	11	and 165.85 (4m) of the statutes; relating to: decertification of law enforcement,
12	12	tribal law enforcement, jail, or juvenile detention officers and the use of force
13	13	by law enforcement officers.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law provides the circumstances under which a law enforcement officer
16	16	may use force. Under current law, a law enforcement officer must make every effort
17	17	to preserve and protect human life and the safety of all persons. Law enforcement
18	18	officers may use force that is objectively reasonable based on the totality of the
19	19	circumstances, including the severity of the crime, if the suspect poses an imminent
20	20	threat, or if the suspect is actively resisting or evading arrest by flight. This bill adds
21	21	that a law enforcement officer should use skills and tactics, including de-escalation
22	22	tactics, that minimize the likelihood that force will become necessary and that a law
23	23	enforcement officer who is authorized to use force must use the least amount of force
24	24	necessary to address the threat.
25	25	Under current law, the Law Enforcement Standards Board may decertify law
26	26	enforcement, tribal law enforcement, jail, or juvenile detention officers for a variety
27	27	of reasons. This bill provides that LESB must decertify officers for those reasons, and
28	28	adds the following to the list of reasons to decertify an officer: 1) violating or not
29	29	complying with the law governing the use of force and 2) terminating employment
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36	36	ASSEMBLY BILL 1222
37	37	while under investigation for committing an act of official misconduct. An officer
38	38	decertified while under investigation for committing an act of official misconduct
39	39	may not be recertified unless the officer receives a waiver from the police commission
40	40	or police and fire commission, if applicable, or the governing body, of the jurisdiction
41	41	in which he or she seeks employment and corresponding recertification. The bill also
42	42	requires that LESB decertify officers within 30 days after the relevant event that is
43	43	the cause for decertification.
44	44	The bill requires LESB to develop a model use of force policy for law
45	45	enforcement agencies to use in addition to complying with the law governing the use
46	46	of force. The model policy must address interactions with individuals with mental
47	47	disorders, alcohol or drug problems, dementia disorders, and developmental
48	48	disabilities; limit the use of force against vulnerable populations; and include other
49	49	best practices that LESB identifies.
50	50	For further information see the local fiscal estimate, which will be printed as
51	51	an appendix to this bill.
52	52	The people of the state of Wisconsin, represented in senate and assembly, do
53	53	enact as follows:
54	54	SECTION 1. 165.85 (3) (cm) of the statutes is renumbered 165.85 (3m) (am), and
55	55	165.85 (3m) (am) (intro.), 1. and 2., as renumbered, are amended to read:
56	56	165.85 (3m) (am) (intro.) Decertify Within 30 days after the relevant event,
57	57	decertify law enforcement, tribal law enforcement, jail, or juvenile detention officers
58	58	who do any of the following:
59	59	1. Resign employment in lieu of termination or are terminated for just cause
60	60	under any applicable provision of law, unless the board determines under sub. (3m)
61	61	(c) that decertification on this ground is not necessary.
62	62	2. Violate or fail to comply with a rule, policy, or order of the board relating to
63	63	curriculum, training, or recruitment or violate or fail to comply with s. 175.44.
64	64	SECTION 2. 165.85 (3m) (am) 1m. of the statutes is created to read:
65	65	165.85 (3m) (am) 1m. Terminate employment while under investigation for an
66	66	alleged act of official misconduct. An officer decertified under this subdivision may
67	67	not be certified in the future unless the officer is granted a waiver by the police
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84	84	SECTION 2
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86	86	commission or police and fire commission, if applicable, of the jurisdiction in which
87	87	the officer seeks employment and corresponding recertification, or by the governing
88	88	body, as defined in s. 66.0309 (1) (a), of the city, village, town, or county of the
89	89	jurisdiction in which the officer seeks employment and corresponding recertification.
90	90	SECTION 3. 165.85 (3m) (c) of the statutes is amended to read:
91	91	165.85 (3m) (c) Establish procedures for decertification under sub. (3) (cm) par.
92	92	(am) in compliance with ch. 227, except that decertification for an action described
93	93	under sub. (3) (cm) par. (am) 8. shall be done as provided under par. (a). The
94	94	procedures shall include a process for reviewing a resignation in lieu of termination
95	95	or a termination for just cause.
96	96	SECTION 4. 165.85 (4) (c) 7. of the statutes is amended to read:
97	97	165.85 (4) (c) 7. Any person employed and certified as a jail officer on July 1,
98	98	1994, is certified as a juvenile detention officer and remains certified as a juvenile
99	99	detention officer subject to annual recertification requirements under subd. 6. and
100	100	the board's decertification authority requirements under sub. (3) (cm) (3m) (am).
101	101	SECTION 5. 165.85 (4m) of the statutes is created to read:
102	102	165.85 (4m) BEST PRACTICES. The board shall develop, and review at least once
103	103	every 2 years, a model use of force policy for law enforcement agencies to use in
104	104	addition to complying with s. 175.44 that does all of the following:
105	105	(a) Addresses interactions with individuals with mental disorders, alcohol or
106	106	drug problems, dementia disorders, and developmental disabilities.
107	107	(b) Limits the use of force against vulnerable populations, including children,
108	108	elderly individuals, pregnant women, individuals with physical or mental
109	109	disabilities, and individuals with limited English proficiency.
110	110	(c) Includes other best practices that the board identifies.
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137	137	SECTION 6 ASSEMBLY BILL 1222
138	138	SECTION 6. 175.44 (2) (b) (intro.) of the statutes is amended to read:
139	139	175.44 (2) (b) Use of force. (intro.) When using force, a law enforcement officer
140	140	is required to act in good faith to achieve a legitimate law enforcement objective. A
141	141	law enforcement officer shall use skills and tactics, including de-escalation tactics,
142	142	that minimize the likelihood that force will become necessary. A law enforcement
143	143	officer is authorized to use force that is the least amount of force necessary to address
144	144	a threat safely and that is objectively reasonable based on the totality of the
145	145	circumstances, including:
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