2013 - 2014 LEGISLATURE
October 4, 2013 - Introduced by Representatives Bies, C. Taylor, Berceau, Goyke,
Kahl, Kessler and T. Larson, cosponsored by Senators L. Taylor, Lehman and
Risser. Referred to Committee on Judiciary.
1An Act to create
15.07 (1) (a) 6., 15.07 (3) (bm) 7., 15.255 (1m) and 165.855 of 2
the statutes; relating to: investigation of deaths involving a law enforcement
Analysis by the Legislative Reference Bureau
This bill requires each law enforcement agency to have a written policy, subject
to the approval of the law enforcement standards board, regarding the handling of
deaths involving a law enforcement officer. The policy must require a team of
investigators consisting of three individuals, two of whom must be from an agency
that does not employ an officer involved in the death being investigated, to prepare
a report and provide it to the district attorney of the county in which the death
occurred. The district attorney must give the report to the board for the review of
officer-involved deaths, which this bill creates and attaches to the Department of
Justice. The board must review the report to ensure it addresses all aspects of the
death and may request further information from the investigative team. The board
may then submit recommendations to the district attorney and may forward the
report to any person responsible for the discipline of a law enforcement officer
involved in the death.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.07 (1) (a) 6. of the statutes is created to read:
(a) 6. The members of the board for review of officer-involved deaths 3
shall be appointed as provided in s. 15.255 (1m) (b).
15.07 (3) (bm) 7. of the statutes is created to read:
(bm) 7. The board for review of officer-involved deaths shall meet as 6
necessary to perform its duties under s. 165.855 (5).
15.255 (1m) of the statutes is created to read:
15.255 (1m) Board for review of officer-involved deaths.
(a) There is 9
created a board for review of officer-involved deaths that is attached to the 10
department of justice under s. 15.03. The board shall be composed of 5 members as 11
1. One retired or reserve judge.
2. A former sheriff, chief of police, chief deputy sheriff, or chief deputy chief of 14
3. An assistant attorney general.
4. A professor or researcher affiliated with a Wisconsin university or college 17
who has expertise in the field of criminal law or criminal justice.
5. A former district attorney or assistant district attorney who served in that 19
capacity for at least 10 years.
(b) The members of the board under par. (a) shall be appointed by the attorney 21
general for staggered 4-year terms.
165.855 of the statutes is created to read:
23165.855 Review of deaths involving officers. (1)
Each law enforcement 24
agency shall have a written policy regarding the handling of deaths involving a law
enforcement officer employed by the agency. Each policy is subject to the review and 2
approval of the law enforcement standards board.
(a) Each policy under sub. (1) must require a team of investigators 4
consisting of at least 3 individuals, including individuals from at least 2 different 5
agencies that do not employ a law enforcement officer involved in the death being 6
(b) If the death being investigated is traffic related, the policy under sub. (1) 8
must require the investigative team to use a crash reconstruction unit from an 9
agency that does not employ a law enforcement officer involved in the death being 10
investigated. The policy shall give preference to using a unit from the state traffic 11
(c) Each policy under sub. (1) may allow an internal investigation into the death 13
if the internal investigation does not interfere with the duties under this section of 14
the team of investigators under par. (a).
(d) Each policy under sub. (1) must require any officer involved in the death to 16
submit a blood sample. No person may perform any analysis or test on the blood 17
sample without either the permission of the officer who submitted the sample or a 18
search warrant. At the conclusion of the investigation of the death, the sample may 19
be destroyed if a court approves.
Compensation for participation on a team under sub. (2) (a) shall be 21
determined in a manner consistent with mutual aid agreements under s. 175.46.
(a) A team created under sub. (2) (a) shall consult and report to the district 23
attorney of the county in which the death occurred. Except as provided in this 24
subsection, the team shall keep confidential any material and information related 25
to the death and the investigation.
(b) When the report under par. (a) is complete the district attorney shall release 2
the report to the board for the review of officer-involved deaths.
(c) A team created under sub. (2) (a) shall respond to requests under sub. (5) 4
from the board for the review of officer-involved deaths unless the district attorney 5
restricts the team from a response due to a court order or because a response could 6
jeopardize the prosecution or investigation of an open case.
(a) When the board for the review of officer-involved deaths receives a 8
report under sub. (4) (b), it shall review the report and evidence to determine if it 9
addresses all aspects of the death. The board for the review of officer-involved 10
deaths may request more information, clarification, or testimony from the 11
investigative team that prepared the report.
(b) When the board for the review of officer-involved deaths finishes its review 13
of the report, it may make recommendations to the district attorney of the county in 14
which the death occurred and forward the report to any person responsible for 15
disciplining an officer involved.
(c) Meetings of the board for the review of officer-involved deaths are open to 17
the public but public comment is closed unless the majority of the board votes to allow 18
When the board for the review of officer-involved deaths completes its 20
review of a report under sub. (5), the attorney general shall release the report and 21
any accompanying written files unless the information must be kept confidential by 22
(1) Notwithstanding the length of terms of the members of the board for the 2
review of officer-involved deaths specified in section 15.255 (1m) of the statutes, as 3
created by this act, the initial members shall be appointed for the following terms:
(a) Two members, as determined by the attorney general, for a term that 5
expires on the May 1 occurring at least 2 years after the initial appointment.
(b) Two members, as determined by the attorney general, for a term that 7
expires on the May 1 occurring at least 3 years after the initial appointment.