Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB397 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 397
5	5	September 6, 2023 - Introduced by Representatives GUNDRUM, ARMSTRONG,
6	6	BODDEN, BROOKS, DITTRICH, PENTERMAN, RETTINGER, WICHGERS and EDMING,
7	7	cosponsored by Senators BRADLEY, JACQUE and NASS. Referred to Committee
8	8	on Criminal Justice and Public Safety.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 175.57 of the statutes; relating to: determining the lawful
11	11	presence of a person arrested for or charged with a crime or certain civil
12	12	violations.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires a law enforcement officer to determine whether a person who
15	15	is arrested for or charged with a crime or civil violation is lawfully present in the
16	16	state. Under the bill, if the officer has reasonable suspicion, based on failure to
17	17	provide identification, that the person is not lawfully present in the state, the officer
18	18	must attempt to verify whether the person is lawfully present in the state. If the
19	19	person produces documentary proof of lawful presence, the law enforcement officer
20	20	may not further inquire into the citizenship or immigration status of the person.
21	21	However, if the person does not provide documentary proof of lawful presence, the
22	22	law enforcement officer must attempt to verify the person's immigration status with
23	23	the federal government. Under the bill, a law enforcement officer may not base
24	24	reasonable suspicion of unlawful presence on a person's race, color, or national origin
25	25	except as permitted under the U.S. and Wisconsin Constitutions.
26	26	Under the bill, if the person is determined to be unlawfully present in the state,
27	27	the law enforcement officer must report the person to the appropriate federal
28	28	immigration authority, must cooperate with the immigration authorities to the
29	29	greatest extent possible, and, if permitted under federal law, must detain the person
30	30	until the federal immigration authority can take the person into federal custody.
31	31	The bill requires law enforcement agencies to collect data regarding the
32	32	number of persons charged with a crime or civil violation who are determined to be
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38	38	unlawfully present in the state. The Department of Justice must collect this data
39	39	and submit a report on the data to the legislature every six months.
40	40	For further information see the state and local fiscal estimate, which will be
41	41	printed as an appendix to this bill.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 175.57 of the statutes is created to read:
45	45	175.57 Determination of lawful presence. (1) In this section:
46	46	(a) “Documentary proof of lawful presence” means any of the following:
47	47	1. A U.S. passport.
48	48	2. A birth record bearing an official seal or other mark of authentication and
49	49	issued by a state, county, or municipality within the United States or by a territory
50	50	or possession of the United States.
51	51	3. A record of birth abroad issued by the federal department of state.
52	52	4. A certificate of naturalization.
53	53	5. A certificate of U.S. citizenship.
54	54	6. A permanent resident card or alien registration receipt card, along with the
55	55	person's bureau of citizenship and immigration services alien registration number.
56	56	7. Any other proof specified in 49 CFR 383.71 (b) (9), along with the person's
57	57	bureau of citizenship and immigration services alien registration number.
58	58	8. Documentary proof of conditional permanent resident status in the United
59	59	States.
60	60	9. A valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry
61	61	into the United States.
62	62	10. An approved application for asylum in the United States or documentary
63	63	proof that the person has entered into the United States in refugee status.
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86	86	SECTION 1
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88	88	11. A pending application for asylum in the United States.
89	89	12. A pending or approved application for temporary protected status in the
90	90	United States.
91	91	13. An approved deferred action status.
92	92	14. A pending application for adjustment of status to that of an alien lawfully
93	93	admitted for permanent residence in the United States or conditional permanent
94	94	resident status in the United States.
95	95	15. A valid Wisconsin operator's license or a valid identification card issued
96	96	under s. 343.50.
97	97	(b) “Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
98	98	(2) (a) If a law enforcement officer has reasonable suspicion that a person who
99	99	is lawfully arrested for or charged with a crime, or with a violation of state law that
100	100	may result in the imposition of a forfeiture, is not lawfully present in this state, the
101	101	law enforcement officer shall request documentary proof of lawful presence of the
102	102	person before releasing the person. For the purposes of this paragraph, a person's
103	103	refusal or failure to provide identification at the time he or she is arrested or charged
104	104	constitutes reasonable suspicion that the person is not lawfully present in this state.
105	105	(b) If a person described under par. (a) provides documentary proof of lawful
106	106	presence, a law enforcement officer may not further inquire into the person's
107	107	citizenship or immigration status.
108	108	(3) (a) If the person refuses or fails to provide documentary proof of lawful
109	109	presence under sub. (2) (a), the law enforcement officer shall make a reasonable
110	110	attempt to verify the person's immigration status with the federal government
111	111	pursuant to 8 USC 1373 (c).
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138	138	(b) If, under par. (a), the federal government verifies that the person is
139	139	unlawfully present in this state, the law enforcement agency shall notify the U.S.
140	140	Immigration and Customs Enforcement or the U.S. Customs and Border Protection
141	141	of the person's unlawful presence, shall cooperate with those agencies to the greatest
142	142	extent possible to enforce federal immigration laws, and, if applicable, shall detain
143	143	the person as provided under 8 USC 1252c.
144	144	(4) If a person who has been determined to be unlawfully present in this state
145	145	is convicted of a crime and is imprisoned, upon the person's discharge from jail or
146	146	from confinement in prison, the sheriff or the department of corrections shall proceed
147	147	under sub. (3) (b).
148	148	(5) A law enforcement officer may not consider race, color, or national origin
149	149	in the enforcement of this section except to the extent permitted by the U.S. and
150	150	Wisconsin Constitutions.
151	151	(6) (a) A law enforcement agency shall collect data on all of the following and
152	152	provide the data to the department of justice upon request:
153	153	1. The number of persons charged with a crime or civil violation who are
154	154	verified as unlawfully present in this state under sub. (3), the number of those
155	155	persons who were convicted of the crime or civil violation charged, and a list of the
156	156	types of crimes or civil violations that were committed.
157	157	2. The number of persons under subd. 1. who were on probation, parole, or
158	158	extended supervision when the crime or civil violation was committed.
159	159	(b) Beginning January 1, 2025, and every 6 months thereafter, the department
160	160	of justice shall submit a report compiling the data collected under par. (a) to the
161	161	appropriate standing committees of the legislature under s. 13.172 (3).
162	162	(END)
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