2017 - 2018 LEGISLATURE
April 20, 2017 - Introduced by Senators C. Larson and Risser, cosponsored by
Representatives Crowley, Bowen, Tusler, C. Taylor, Goyke, Sinicki,
Zamarripa, Sargent, Berceau, Spreitzer and Vruwink. Referred to
Committee on Judiciary and Public Safety.
1An Act to renumber
175.47 (1) (a) and 175.47 (2); to renumber and amend
175.47 (3) (a), (b) and (c); to amend
175.47 (1) (c), 175.47 (4), 175.47 (5), 979.025 3
(1) and 979.025 (2); and to create
175.47 (1) (title), 175.47 (1) (ac), 175.47 (2) 4
(title) and 175.47 (3m) of the statutes; relating to: officer-involved deaths.
Analysis by the Legislative Reference Bureau
Current law requires an investigation following a death that involves a law
enforcement officer and outlines specific requirements of the investigation. Under
this bill, a death involving a correctional officer gives rise to the same investigation
requirements as a death involving a law enforcement officer.
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:
175.47 (1) (title) of the statutes is created to read:
175.47 (1) (a) of the statutes is renumbered 175.47 (1) (ar).
175.47 (1) (ac) of the statutes is created to read:
(ac) “Correctional officer” means any person employed by the state 3
or any political subdivision as a guard or officer whose principal duties are 4
supervision and discipline of inmates at a penal institution, prison, jail, house of 5
correction, or other place of penal detention; a jail officer, as defined in s. 165.85 (2) 6
(bn); or a juvenile detention officer, as defined in s. 165.85 (2) (bt).
175.47 (1) (c) of the statutes is amended to read:
(c) “Officer-involved death" means a death of an individual that 9
results directly from an action or an omission of a law enforcement officer or
while the law enforcement
officer is on duty or while the law
officer is off duty but performing activities that are within the scope of 12
his or her law enforcement
175.47 (2) (title) of the statutes is created to read:
(title) Death involving law enforcement officer.
175.47 (2) of the statutes is renumbered 175.47 (2) (a).
175.47 (3) (a), (b) and (c) of the statutes are renumbered 175.47 (2) 17
(b), (c) and (d) and amended to read:
(b) Each policy under sub. (2) par. (a)
must require an investigation 19
conducted by at least two 2
investigators, one of whom is the lead investigator and 20
neither of whom is employed by a law enforcement agency that employs a law 21
enforcement officer involved in the officer-involved death.
(c) If the officer-involved death being investigated is traffic-related, the policy 23
under sub. (2) par. (a)
must require the investigation to use a crash reconstruction 24
unit from a law enforcement agency that does not employ a law enforcement officer 25
involved in the officer-involved death being investigated, except that a policy for a
state law enforcement agency may allow an investigation involving a law 2
enforcement officer employed by that state law enforcement agency to use a crash 3
reconstruction unit from the same state law enforcement agency.
(d) Each policy under sub. (2) par. (a)
may allow an internal investigation into 5
the officer-involved death if the internal investigation does not interfere with the 6
investigation conducted under par. (a) (b)
175.47 (3m) of the statutes is created to read:
175.47 (3m) Death involving correctional officer.
(a) Whenever an autopsy 9
is performed under s. 997.025 (1) or (2), the person performing that autopsy shall 10
determine whether the death was an officer-involved death.
(b) Each correctional facility shall have a written policy regarding the 12
investigation of officer-involved deaths that involve a correctional officer employed 13
by the correctional facility.
(c) Each policy under par. (b) must require an investigation conducted by at 15
least 2 investigators, one of whom is the lead investigator and, if the correctional 16
officer is employed by a political subdivision, neither of whom is employed by the 17
political subdivision that employs a correctional officer involved in the 18
175.47 (4) of the statutes is amended to read:
175.47 (4) Compensation.
Compensation for participation in an investigation 21
under sub. (3) (a) (2) (b) or (3m) (c)
may be determined in a manner consistent with 22
mutual aid agreements.
175.47 (5) of the statutes is amended to read:
175.47 (5) Report to district attorney.
(a) The investigators conducting the 25
investigation under sub. (3) (a) (2) (b) or (3m) (c)
shall, in an expeditious manner,
provide a complete report to the district attorney of the county in which the 2
officer-involved death occurred.
(b) If the district attorney determines there is no basis to prosecute the law
officer involved in the officer-involved death, the investigators 5
conducting the investigation under sub. (3) (a)
(2) (b) or (3m) (c)
shall release the 6
report, except that the investigators shall, before releasing the report, delete any 7
information that would not be subject to disclosure pursuant to a request under s. 8
19.35 (1) (a).
979.025 (1) of the statutes is amended to read:
979.025 (1) Inmate confined to an institution in this state.
If an individual 11
dies while he or she is in the legal custody of the department and confined to a 12
correctional facility located in this state, the coroner or medical examiner of the 13
county where the death occurred shall perform an autopsy on the deceased 14
individual. If the coroner or medical examiner who performs the autopsy determines 15
that the individual's death may have been the result of any of the situations that 16
would permit the district attorney to order an inquest under s. 979.04 (1), the coroner 17
or medical examiner shall follow the procedures under s. 979.04 (2).
If the coroner
18or medical examiner who performs the autopsy determines that the individual's
19death may have been an officer-involved death, as defined in s. 175.47 (1) (c), the
20coroner or medical examiner shall report the death as an officer-involved death to
21the correctional facility where the death occurred for investigation under s. 175.47
979.025 (2) of the statutes is amended to read:
979.025 (2) Inmate confined in an institution in another state.
If an 25
individual dies while he or she is in the legal custody of the department and confined
to a correctional facility in another state under a contract under s. 301.07, 301.21, 2
or 302.25, the department shall have an autopsy performed by an appropriate 3
authority in the other state or by the coroner or medical examiner of the county in 4
which the circuit court is located that sentenced the individual to the custody of the 5
department. If the coroner or medical examiner who performs the autopsy in this 6
state determines that the individual's death may have been the result of any of the 7
situations that would permit the district attorney to order an inquest under s. 979.04 8
(1), the coroner or medical examiner shall forward the results of the autopsy to the 9
appropriate authority in the other state. If the coroner or medical examiner who
10performs the autopsy determines that the individual's death may have been an
11officer-involved death, as defined in s. 175.47 (1) (c), the coroner or medical examiner
12shall report the death as an officer-involved death to the appropriate authority in
13the other state.
(1) This act first applies to deaths that occurred 3 years before the effective date 16
of this subsection if no correctional officer involved was prosecuted.