LRB-2484/1
EVM:emw&skw
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 426
September 19, 2023 - Introduced by Representatives SORTWELL, PENTERMAN,
BALDEH, MELOTIK, OHNSTAD and ORTIZ-VELEZ, cosponsored by Senator JAMES.
Referred to Committee on Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 66.0501 (1); to amend 66.0511 (title); and to create 66.0511
(1) (am), 66.0511 (1) (ar), 66.0511 (1) (c) and 66.0511 (4) of the statutes; relating
to: eligibility for appointment as a law enforcement or correctional officer.
Analysis by the Legislative Reference Bureau
Under current law, no person may be appointed as a deputy sheriff of any
county or police officer of any city, village, or town unless that person is a citizen of
the United States. This bill provides that no person may be appointed as a law
enforcement officer or correctional officer unless that person is legally eligible to
work in that position in the United States and, if the person is not a citizen of the
United States, has been lawfully present in the United States for the six consecutive
years preceding appointment. The bill specifies, however, that noncitizen holders of
A-3, N-8, or N-9 visas may not be appointed to any of these positions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 66.0501 (1) of the statutes is repealed.
SECTION 2. 66.0511 (title) of the statutes is amended to read:
66.0511 (title) Law enforcement agency policies on use of force and
citizen complaint procedures agencies.
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EVM:emw&skw
SECTION 3 ASSEMBLY BILL 426
SECTION 3. 66.0511 (1) (am) of the statutes is created to read:
66.0511 (1) (am) “Correctional officer” has the meaning given in s. 102.475 (8)
(a).
SECTION 4. 66.0511 (1) (ar) of the statutes is created to read:
66.0511 (1) (ar) “Jail officer” has the meaning given in s. 165.85 (2) (bn).
SECTION 5. 66.0511 (1) (c) of the statutes is created to read:
66.0511 (1) (c) “Law enforcement officer” has the meaning given in s. 165.85
(2) (c).
SECTION 6. 66.0511 (4) of the statutes is created to read:
66.0511 (4) EMPLOYMENT ELIGIBILITY. (a) No person may be appointed as a
correctional officer, jail officer, or law enforcement officer unless that person is legally
eligible to work in that position in the United States and, if the person is not a citizen
of the United States, has been lawfully present in the United States for the 6
consecutive years preceding appointment.
(b) Notwithstanding par. (a), no person who is an alien within a class of
nonimmigrant aliens under 8 USC 1101 (a) (15) (A) (iii) or (N) (i) or (ii) may be
appointed as a correctional officer, jail officer, or law enforcement officer.
(c) This subsection does not apply to common carriers.
(END)
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