LRB-1312/2
CMH&MLJ:amn
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.
SB200,1,4 1An Act to renumber 175.47 (1) (a) and 175.47 (2); to renumber and amend
2175.47 (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:
SB200,1 5Section 1. 175.47 (1) (title) of the statutes is created to read:
SB200,1,66 175.47 (1) (title) Definitions.
SB200,2 7Section 2. 175.47 (1) (a) of the statutes is renumbered 175.47 (1) (ar).
SB200,3
1Section 3. 175.47 (1) (ac) of the statutes is created to read:
SB200,2,62 175.47 (1) (ac) “Correctional officer” means any person employed by the state
3or any political subdivision as a guard or officer whose principal duties are
4supervision and discipline of inmates at a penal institution, prison, jail, house of
5correction, 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).
SB200,4 7Section 4. 175.47 (1) (c) of the statutes is amended to read:
SB200,2,128 175.47 (1) (c) “Officer-involved death" means a death of an individual that
9results directly from an action or an omission of a law enforcement officer or
10correctional officer
while the law enforcement officer is on duty or while the law
11enforcement
officer is off duty but performing activities that are within the scope of
12his or her law enforcement duties.
SB200,5 13Section 5. 175.47 (2) (title) of the statutes is created to read:
SB200,2,1414 175.47 (2) (title) Death involving law enforcement officer.
SB200,6 15Section 6. 175.47 (2) of the statutes is renumbered 175.47 (2) (a).
SB200,7 16Section 7. 175.47 (3) (a), (b) and (c) of the statutes are renumbered 175.47 (2)
17(b), (c) and (d) and amended to read:
SB200,2,2118 175.47 (2) (b) Each policy under sub. (2) par. (a) must require an investigation
19conducted by at least two 2 investigators, one of whom is the lead investigator and
20neither of whom is employed by a law enforcement agency that employs a law
21enforcement officer involved in the officer-involved death.
SB200,3,322 (c) If the officer-involved death being investigated is traffic-related, the policy
23under sub. (2) par. (a) must require the investigation to use a crash reconstruction
24unit from a law enforcement agency that does not employ a law enforcement officer
25involved in the officer-involved death being investigated, except that a policy for a

1state law enforcement agency may allow an investigation involving a law
2enforcement officer employed by that state law enforcement agency to use a crash
3reconstruction unit from the same state law enforcement agency.
SB200,3,64 (d) Each policy under sub. (2) par. (a) may allow an internal investigation into
5the officer-involved death if the internal investigation does not interfere with the
6investigation conducted under par. (a) (b).
SB200,8 7Section 8. 175.47 (3m) of the statutes is created to read:
SB200,3,108 175.47 (3m) Death involving correctional officer. (a) Whenever an autopsy
9is performed under s. 997.025 (1) or (2), the person performing that autopsy shall
10determine whether the death was an officer-involved death.
SB200,3,1311 (b) Each correctional facility shall have a written policy regarding the
12investigation of officer-involved deaths that involve a correctional officer employed
13by the correctional facility.
SB200,3,1814 (c) Each policy under par. (b) must require an investigation conducted by at
15least 2 investigators, one of whom is the lead investigator and, if the correctional
16officer is employed by a political subdivision, neither of whom is employed by the
17political subdivision that employs a correctional officer involved in the
18officer-involved death.
SB200,9 19Section 9. 175.47 (4) of the statutes is amended to read:
SB200,3,2220 175.47 (4) Compensation. Compensation for participation in an investigation
21under sub. (3) (a) (2) (b) or (3m) (c) may be determined in a manner consistent with
22mutual aid agreements.
SB200,10 23Section 10. 175.47 (5) of the statutes is amended to read:
SB200,4,224 175.47 (5) Report to district attorney. (a) The investigators conducting the
25investigation under sub. (3) (a) (2) (b) or (3m) (c) shall, in an expeditious manner,

1provide a complete report to the district attorney of the county in which the
2officer-involved death occurred.
SB200,4,83 (b) If the district attorney determines there is no basis to prosecute the law
4enforcement
officer involved in the officer-involved death, the investigators
5conducting the investigation under sub. (3) (a) (2) (b) or (3m) (c) shall release the
6report, except that the investigators shall, before releasing the report, delete any
7information that would not be subject to disclosure pursuant to a request under s.
819.35 (1) (a).
SB200,11 9Section 11. 979.025 (1) of the statutes is amended to read:
SB200,4,2210 979.025 (1) Inmate confined to an institution in this state. If an individual
11dies while he or she is in the legal custody of the department and confined to a
12correctional facility located in this state, the coroner or medical examiner of the
13county where the death occurred shall perform an autopsy on the deceased
14individual. If the coroner or medical examiner who performs the autopsy determines
15that the individual's death may have been the result of any of the situations that
16would permit the district attorney to order an inquest under s. 979.04 (1), the coroner
17or 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
22(3m) (c).
SB200,12 23Section 12. 979.025 (2) of the statutes is amended to read:
SB200,5,1324 979.025 (2) Inmate confined in an institution in another state. If an
25individual dies while he or she is in the legal custody of the department and confined

1to a correctional facility in another state under a contract under s. 301.07, 301.21,
2or 302.25, the department shall have an autopsy performed by an appropriate
3authority in the other state or by the coroner or medical examiner of the county in
4which the circuit court is located that sentenced the individual to the custody of the
5department. If the coroner or medical examiner who performs the autopsy in this
6state determines that the individual's death may have been the result of any of the
7situations 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
9appropriate 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.
SB200,13 14Section 13. Initial applicability.
SB200,5,1615 (1) This act first applies to deaths that occurred 3 years before the effective date
16of this subsection if no correctional officer involved was prosecuted.
SB200,5,1717 (End)
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