1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-1688/1 |
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3 | 3 | | MPG:cdc&wlj |
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4 | 4 | | 2025 SENATE BILL 54 |
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5 | 5 | | February 21, 2025 - Introduced by Senators CARPENTER, DRAKE, LARSON and |
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6 | 6 | | RATCLIFF, cosponsored by Representatives ORTIZ-VELEZ, HONG, ARNEY, BARE, |
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7 | 7 | | BROWN, CLANCY, CRUZ, DESMIDT, GOODWIN, HAYWOOD, JOERS, KIRSCH, |
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8 | 8 | | MADISON, MAYADEV, MOORE OMOKUNDE, NEUBAUER, PHELPS, PRADO, RIVERA- |
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9 | 9 | | WAGNER, ROE, SINICKI, SNODGRASS, SUBECK and TENORIO. Referred to |
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10 | 10 | | Committee on Licensing, Regulatory Reform, State and Federal Affairs. |
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11 | 11 | | AN ACT to create 20.932 of the statutes; relating to: requirements concerning |
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12 | 12 | | assistance in the detention of individuals who are or are alleged to be not |
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13 | 13 | | lawfully present in the United States. |
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14 | 14 | | Analysis by the Legislative Reference Bureau |
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15 | 15 | | Under this bill, no official, employee, or agent of a state agency or other body in |
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16 | 16 | | state government or a local governmental unit, including any law enforcement |
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17 | 17 | | officer, may aid in the detention of an individual if the individual is being detained |
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18 | 18 | | on the sole basis that the individual is or is alleged to be not lawfully present in the |
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19 | 19 | | United States. The bill applies only to a detention that occurs in a public building |
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20 | 20 | | or facility, school, place of worship, place where child care services are provided, or |
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21 | 21 | | place where medical or other health care services are provided. Also, the bill does |
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22 | 22 | | not prohibit any state or local government official from providing access to any place |
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23 | 23 | | or facility as required pursuant to a properly executed judicial warrant. |
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24 | 24 | | The bill further provides that, except as required pursuant to a properly |
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25 | 25 | | executed judicial warrant, no person employed or otherwise lawfully present at a |
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26 | 26 | | public building or facility, school, place of worship, place where child care services |
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27 | 27 | | are provided, or place where medical or other health care services are provided may |
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28 | 28 | | be required to provide access to such facility or place or otherwise aid federal |
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29 | 29 | | officials for purposes of the detention of an individual at such facility or place who is |
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32 | 32 | | 3 2025 - 2026 Legislature |
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33 | 33 | | SENATE BILL 54 |
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34 | 34 | | - 2 - LRB-1688/1 |
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35 | 35 | | MPG:cdc&wlj |
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36 | 36 | | being detained on the sole basis that the individual is or is alleged to be not lawfully |
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37 | 37 | | present in the United States. |
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38 | 38 | | Finally, the bill prohibits any state agency or other body in state government |
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39 | 39 | | from expending any moneys to aid in the detention of an individual in this state if |
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40 | 40 | | the individual is being detained on the sole basis that the individual is or is alleged |
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41 | 41 | | to be not lawfully present in the United States. |
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42 | 42 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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43 | 43 | | enact as follows: |
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44 | 44 | | SECTION 1. 20.932 of the statutes is created to read: |
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45 | 45 | | 20.932 Requirements concerning assistance in the detention of |
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46 | 46 | | certain individuals. (1) DEFINITIONS. In this section: |
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47 | 47 | | (a) XLocal governmental unitY means a political subdivision, a special purpose |
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48 | 48 | | district, an agency or corporation of a political subdivision or special purpose |
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49 | 49 | | district, a school district, or a combination or subunit of any of the foregoing, in this |
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50 | 50 | | state. |
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51 | 51 | | (b) XState agencyY means an association, authority, board, department, |
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52 | 52 | | commission, independent agency, institution, office, society, or other body in state |
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53 | 53 | | government created or authorized to be created by the constitution or any law. |
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54 | 54 | | (2) PROHIBITING ASSISTANCE BY STATE AND LOCAL OFFICIALS. (a) No official, |
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55 | 55 | | employee, or agent of a state agency or local governmental unit, including any law |
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56 | 56 | | enforcement officer, may aid in the detention of an individual if the individual is |
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57 | 57 | | being detained on the sole basis that the individual is or is alleged to be not lawfully |
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58 | 58 | | present in the United States and the detention occurs in a building or facility owned |
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59 | 59 | | or operated by a state agency or local governmental unit, school, place of worship, |
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60 | 60 | | place where child care services are provided, or place where medical or other health |
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61 | 61 | | care services are provided. |
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79 | 79 | | 18 2025 - 2026 Legislature |
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80 | 80 | | SENATE BILL 54 |
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81 | 81 | | - 3 - LRB-1688/1 |
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82 | 82 | | MPG:cdc&wlj |
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83 | 83 | | SECTION 1 |
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84 | 84 | | (b) Paragraph (a) does not prohibit an official, employee, or agent of a state |
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85 | 85 | | agency or local governmental unit from providing access to any place or facility as |
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86 | 86 | | required pursuant to a properly executed judicial warrant. |
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87 | 87 | | (3) NO ASSISTANCE REQUIRED ABSENT JUDICIAL WARRANT. Except as required |
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88 | 88 | | pursuant to a properly executed judicial warrant, no person employed or otherwise |
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89 | 89 | | lawfully present at a facility owned or operated by a state agency or local |
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90 | 90 | | governmental unit, school, place of worship, place where child care services are |
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91 | 91 | | provided, or place where medical or other health care services are provided may be |
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92 | 92 | | required to provide access to such facility or place or otherwise aid federal officials |
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93 | 93 | | for purposes of the detention of an individual at such facility or place who is being |
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94 | 94 | | detained on the sole basis that the individual is or is alleged to be not lawfully |
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95 | 95 | | present in the United States. |
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96 | 96 | | (4) EXPENDITURE OF STATE FUNDS. No state agency may expend moneys to aid |
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97 | 97 | | in the detention of an individual in this state if the individual is being detained on |
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98 | 98 | | the sole basis that the individual is or is alleged to be not lawfully present in the |
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99 | 99 | | United States. |
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100 | 100 | | (END) |
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