Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1223 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 1223
5	5	April 11, 2024 - Introduced by Representatives CLANCY, HONG and MADISON,
6	6	cosponsored by Senators LARSON and ROYS. Referred to Committee on
7	7	Criminal Justice and Public Safety.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to repeal 895.46 (1) (b), (d), and (dm); and to create 893.822 and 895.46
10	10	(6m) of the statutes; relating to: eliminating public official immunity as a
11	11	defense to civil liability claims against law enforcement officers and prohibiting
12	12	indemnification for judgments against law enforcement officers.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill provides that immunity granted to public officials under current law
15	15	does not apply and is not a defense to civil liability claimed against a law enforcement
16	16	officer for any act or failure to act by the officer done in an official capacity or in the
17	17	course of his or her agency or employment.
18	18	With certain exceptions, current law grants public officials, including law
19	19	enforcement officers, immunity from liability for actions taken while acting in an
20	20	official capacity or in the course of his or her employment or agency. Public officer
21	21	immunity provides immunity from suit for “acts done in the exercise of legislative,
22	22	quasi-legislative, judicial or quasi-judicial functions.” As stated by the Wisconsin
23	23	Supreme Court, there is, with exceptions, a “general rule of immunity for public
24	24	officers in their performance of acts within the scope of employment.” Brown v.
25	25	Acuity, 2013 WI 60, ¶ 42, 348 Wis. 2d 603, 623, 833 N.W.2d 96, 106.
26	26	The bill also eliminates certain indemnification available under current law for
27	27	law enforcement officers. Under current law, law enforcement officers and other
28	28	local and state officers, employees, and agents may be eligible for indemnification by
29	29	the governmental entity that employs them for any judgment against them (in excess
30	30	of any available insurance) for acts committed while carrying out their duties if the
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34	34	4 - 2 -2023 - 2024 Legislature LRB-5723/1
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36	36	ASSEMBLY BILL 1223
37	37	individual is found to be acting within the scope of employment. With certain
38	38	exceptions, under current law, officers, employees, and agents may also be entitled
39	39	to legal counsel or, if legal counsel is not provided, indemnification for the costs of
40	40	legal representation.
41	41	For further information see the state and local fiscal estimate, which will be
42	42	printed as an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 893.822 of the statutes is created to read:
46	46	893.822 Claims against law enforcement officers; limitations on
47	47	immunity. (1) In this section, “law enforcement officer” has the meaning given in
48	48	s. 165.85 (2) (c).
49	49	(2) Immunity granted to public officials under s. 893.80 (4) or afforded under
50	50	common law does not apply and may not be raised as a defense to civil liability
51	51	claimed against a law enforcement officer for any act or failure to act by the officer
52	52	done in an official capacity or in the course of his or her agency or employment.
53	53	(3) Nothing in this section may be interpreted as affecting any sovereign
54	54	immunity rights available to the state.
55	55	SECTION 2. 895.46 (1) (b), (d), and (dm) of the statutes are repealed.
56	56	SECTION 3. 895.46 (6m) of the statutes is created to read:
57	57	895.46 (6m) (a) In this subsection, “law enforcement officer” has the meaning
58	58	given in s. 165.85 (2) (c).
59	59	(b) Notwithstanding any other provision in this section, the protection afforded
60	60	by this section does not apply to any law enforcement officer proceeded against in an
61	61	official capacity or as an individual because of acts committed while carrying out
62	62	duties as an officer or employee or as an agent of any department of the state.
63	63	SECTION 4.0Initial applicability.
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83	83	LRB-5723/1
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85	85	SECTION 4
86	86	ASSEMBLY BILL 1223
87	87	(1) This act first applies to causes of action accruing on the effective date of this
88	88	subsection.
89	89	(END)
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