LRB-2092/1
EVM:skw
2023 - 2024 LEGISLATURE
2023 SENATE BILL 78
February 21, 2023 - Introduced by Senators J AMES, TAYLOR and JACQUE,
cosponsored by Representatives MACCO, STEFFEN, KITCHENS, ARMSTRONG,
BALDEH, BEHNKE, DUCHOW, EDMING, EMERSON, S. JOHNSON, KRUG, MICHALSKI,
MURPHY, MURSAU, O'CONNOR, OHNSTAD, ORTIZ-VELEZ, SCHMIDT, SCHRAA and
SNYDER. Referred to Committee on Judiciary and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 66.0501 (1); and to create 66.0501 (1) (b) and
165.85 (4) (a) 1m. of the statutes; relating to: appointment of certain lawfully
present aliens as law enforcement officers.
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 allows the sheriff of a county or the appointing authority
of a local law enforcement agency to elect to authorize the appointment of aliens who
are the subject of a notice of decision from the federal Department of Homeland
Security (DHS) granting deferred action under the Deferred Action for Childhood
Arrivals program and who are in receipt of a valid employment authorization from
the DHS as deputy sheriffs or police officers. The bill also prevents the law
enforcement standards board from preventing such an alien from participating in a
law enforcement preparatory training program.
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 renumbered 66.0501 (1) (a) and
amended to read:
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5 - 2 -2023 - 2024 Legislature LRB-2092/1
EVM:skw
SECTION 1 SENATE BILL 78
66.0501 (1) (a) No Except as provided in par. (b), no person may be appointed
deputy sheriff of any county or police officer for any city, village, or town unless that
person is a citizen of the United States. This section does not apply to common
carriers or to a deputy sheriff not required to take an oath of office.
SECTION 2. 66.0501 (1) (b) of the statutes is created to read:
66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law
enforcement agency that provides police service to a city, village, or town may elect
to authorize the appointment of aliens who are the subject of a notice of decision from
the federal department of homeland security granting deferred action under the
Deferred Action for Childhood Arrivals program of the federal department of
homeland security and who are in receipt of a valid employment authorization from
the federal department of homeland security as deputy sheriffs for that county or as
police officers for that city, village, or town.
SECTION 3. 165.85 (4) (a) 1m. of the statutes is created to read:
165.85 (4) (a) 1m. The board may not create criteria for participation in the
preparatory training program under subd. 1. that would prevent a person from
participation if the person is the subject of a notice of decision from the federal
department of homeland security granting deferred action under the Deferred
Action for Childhood Arrivals program of the federal department of homeland
security and the person is in receipt of a valid employment authorization from the
federal department of homeland security.
(END)
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