1 | 1 | | LRB-2092/1 |
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2 | 2 | | EVM:skw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 78 |
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5 | 5 | | February 21, 2023 - Introduced by Senators J AMES, TAYLOR and JACQUE, |
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6 | 6 | | cosponsored by Representatives MACCO, STEFFEN, KITCHENS, ARMSTRONG, |
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7 | 7 | | BALDEH, BEHNKE, DUCHOW, EDMING, EMERSON, S. JOHNSON, KRUG, MICHALSKI, |
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8 | 8 | | MURPHY, MURSAU, O'CONNOR, OHNSTAD, ORTIZ-VELEZ, SCHMIDT, SCHRAA and |
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9 | 9 | | SNYDER. Referred to Committee on Judiciary and Public Safety. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to renumber and amend 66.0501 (1); and to create 66.0501 (1) (b) and |
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12 | 12 | | 165.85 (4) (a) 1m. of the statutes; relating to: appointment of certain lawfully |
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13 | 13 | | present aliens as law enforcement officers. |
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14 | 14 | | Analysis by the Legislative Reference Bureau |
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15 | 15 | | Under current law, no person may be appointed as a deputy sheriff of any |
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16 | 16 | | county or police officer of any city, village, or town unless that person is a citizen of |
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17 | 17 | | the United States. This bill allows the sheriff of a county or the appointing authority |
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18 | 18 | | of a local law enforcement agency to elect to authorize the appointment of aliens who |
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19 | 19 | | are the subject of a notice of decision from the federal Department of Homeland |
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20 | 20 | | Security (DHS) granting deferred action under the Deferred Action for Childhood |
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21 | 21 | | Arrivals program and who are in receipt of a valid employment authorization from |
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22 | 22 | | the DHS as deputy sheriffs or police officers. The bill also prevents the law |
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23 | 23 | | enforcement standards board from preventing such an alien from participating in a |
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24 | 24 | | law enforcement preparatory training program. |
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25 | 25 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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26 | 26 | | enact as follows: |
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27 | 27 | | SECTION 1. 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and |
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28 | 28 | | amended to read: |
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33 | 33 | | 5 - 2 -2023 - 2024 Legislature LRB-2092/1 |
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34 | 34 | | EVM:skw |
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35 | 35 | | SECTION 1 SENATE BILL 78 |
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36 | 36 | | 66.0501 (1) (a) No Except as provided in par. (b), no person may be appointed |
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37 | 37 | | deputy sheriff of any county or police officer for any city, village, or town unless that |
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38 | 38 | | person is a citizen of the United States. This section does not apply to common |
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39 | 39 | | carriers or to a deputy sheriff not required to take an oath of office. |
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40 | 40 | | SECTION 2. 66.0501 (1) (b) of the statutes is created to read: |
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41 | 41 | | 66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law |
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42 | 42 | | enforcement agency that provides police service to a city, village, or town may elect |
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43 | 43 | | to authorize the appointment of aliens who are the subject of a notice of decision from |
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44 | 44 | | the federal department of homeland security granting deferred action under the |
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45 | 45 | | Deferred Action for Childhood Arrivals program of the federal department of |
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46 | 46 | | homeland security and who are in receipt of a valid employment authorization from |
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47 | 47 | | the federal department of homeland security as deputy sheriffs for that county or as |
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48 | 48 | | police officers for that city, village, or town. |
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49 | 49 | | SECTION 3. 165.85 (4) (a) 1m. of the statutes is created to read: |
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50 | 50 | | 165.85 (4) (a) 1m. The board may not create criteria for participation in the |
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51 | 51 | | preparatory training program under subd. 1. that would prevent a person from |
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52 | 52 | | participation if the person is the subject of a notice of decision from the federal |
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53 | 53 | | department of homeland security granting deferred action under the Deferred |
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54 | 54 | | Action for Childhood Arrivals program of the federal department of homeland |
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55 | 55 | | security and the person is in receipt of a valid employment authorization from the |
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56 | 56 | | federal department of homeland security. |
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57 | 57 | | (END) |
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