2017 - 2018 LEGISLATURE
October 19, 2017 - Introduced by Representatives C. Taylor, Crowley, Zamarripa,
Goyke, Anderson, Kessler, Berceau, Sargent, Mason, Ohnstad and
Spreitzer, cosponsored by Senators Johnson and Risser. Referred to
Committee on Criminal Justice and Public Safety.
AB561,1,5 1An Act to renumber 165.845 (1) (intro.), (b) and (c); to renumber and amend
2165.845 (1) (a); to amend 165.845 (title) and 165.845 (2); and to create 20.455
3(2) (fj), 165.845 (1g), 165.845 (1r) (a) 2., 165.845 (1r) (d) and 165.845 (1r) (e) of
4the statutes; relating to: reporting of law enforcement use of force incidents
5and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires that the Department of Justice publish an annual report on
law enforcement use of force incidents, including incidents where there was a
shooting, where a firearm was discharged in the direction of a person (even if there
was no injury), and where other serious bodily harm resulted from the incident. The
bill requires certain demographic information to be collected about each such
incident, and reported annually by DOJ on its website. The bill also makes an initial
appropriation to DOJ of $100,000 to cover data collection costs, and an additional
$100,000 annually that DOJ must use to reimburse local law enforcement agencies
for data collection and reporting costs.
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:
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB561,2 3Section 2. 20.455 (2) (fj) of the statutes is created to read:
AB561,2,64 20.455 (2) (fj) Data collection and reporting. The amounts in the schedule for
5data collection costs under s. 165.845 (1r) (a) and to reimburse local law enforcement
6agencies for data collection and reporting costs in accordance with s. 165.845 (1r) (e).
AB561,3 7Section 3. 165.845 (title) of the statutes is amended to read:
AB561,2,8 8165.845 (title) Collect Collection and reporting of crime data.
AB561,4 9Section 4. 165.845 (1) (intro.), (b) and (c) of the statutes are renumbered
10165.845 (1r) (intro.), (b) and (c).
AB561,5 11Section 5. 165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.)
12and amended to read:
AB561,2,1813 165.845 (1r) (a) (intro.) Collect information concerning the number and nature
14of offenses known to have been committed in this state and such other information
15as may be useful in the study of crime and the administration of justice. The
16department of justice may determine any other information to be obtained regarding
17crime and justice system statistics. The information shall include data all of the
AB561,2,20 191. Data requested by the federal bureau of investigation under its system of
20uniform crime reports for the United States.
1Section 6. 165.845 (1g) of the statutes is created to read:
AB561,3,32 165.845 (1g) In this section, “serious bodily harm” has the meaning given in
3s. 969.001 (2).
AB561,7 4Section 7. 165.845 (1r) (a) 2. of the statutes is created to read:
AB561,3,135 165.845 (1r) (a) 2. For any incident involving the shooting of a civilian by a law
6enforcement officer or the shooting of a law enforcement officer by a civilian; any
7incident involving the discharge of a firearm by a law enforcement officer at or in the
8direction of a person or the discharge of a firearm by a civilian at or in the direction
9of a law enforcement officer; and any incident in which an action taken by a law
10enforcement officer as a response to an act of resistance results in serious bodily
11harm or death or in which an act of resistance taken by a civilian against a law
12enforcement officer results in serious bodily harm or death, all of the following
AB561,3,1514 a. The gender, race, ethnicity, and age of each person who was shot at, injured,
15or killed.
AB561,3,1616 b. The date, time, and location of the incident.
AB561,3,1817 c. Whether any civilian involved in the incident was armed and, if he or she was
18armed, the type of weapon that the civilian had.
AB561,3,2119 d. The type of resistance used against the law enforcement officer by the
20civilian, the type of action taken in response by the officer, and if applicable, the types
21of weapons used.
AB561,3,2222 e. The number of officers involved in the incident.
AB561,3,2323 f. The number of civilians involved in the incident.
AB561,3,2524 g. A brief description regarding the circumstances surrounding the incident,
25including perceptions on behavior or mental disorders.
1Section 8. 165.845 (1r) (d) of the statutes is created to read:
AB561,4,62 165.845 (1r) (d) Publish an annual report using the information collected
3under par. (a) 2. The reports may be published electronically on the department's
4Internet site in an interactive format and shall include, at a minimum, all
5information that is reported to the department by local law enforcement agencies
6under par. (a) 2.
AB561,9 7Section 9. 165.845 (1r) (e) of the statutes is created to read:
AB561,4,118 165.845 (1r) (e) From the appropriation under s. 20.455 (2) (fj), reimburse local
9law enforcement agencies that request reimbursement for costs associated with the
10collection and reporting of the information specified in par. (a) 2. Reimbursements
11issued under this paragraph may not exceed a total of $100,000 per year.
AB561,10 12Section 10. 165.845 (2) of the statutes is amended to read:
AB561,4,1913 165.845 (2) All persons in charge of law enforcement agencies and other
14criminal and juvenile justice system agencies shall supply the department of justice
15with the information described in sub. (1) (1r) (a) on the basis of the forms or
16instructions or both to be supplied by the department under sub. (1) (1r) (a). The
17department may conduct an audit to determine the accuracy of the data and other
18information it receives from law enforcement agencies and other criminal and
19juvenile justice system agencies.
AB561,4,2020 (End)