Amendment ASA1-SB354

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1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 SENATE BILL 354

March 20, 2000 - Offered by Representatives Goetsch and Young.

SB354-ASA1,1,3 An Act to amend 165.85 (4) (b) 1.; and to create 165.842 of the statutes; relating to: collection of data concerning motor vehicle stops, law enforcement training standards and granting rule-making authority.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB354-ASA1, s. 1 Section 1. 165.842 of the statutes is created to read:

SB354-ASA1,1,6 165.842 Motor vehicle stops; collection and analysis of information; annual report. (1) Definitions. In this section:

SB354-ASA1,1,8 (a) "African American" means, with respect to an American citizen, ancestry originating among the dark-skinned people of Africa.

SB354-ASA1,1,12 (b) "American Indian" means ancestry of at least one-fourth American Indian or ancestry sufficient to gain the person enrollment as a member of a federally recognized American Indian tribe or band or tribal recognition as an American Indian.

SB354-ASA1,2,2 (c) "Asian-Indian" means ancestry originating in India, Pakistan or Bangladesh.

SB354-ASA1,2,3 (d) "Department" means the department of justice.

SB354-ASA1,2,4 (e) "Ethnic heritage" means any of the following:

SB354-ASA1,2,5 1. African American, Black or Negro.

SB354-ASA1,2,6 2. American Indian.

SB354-ASA1,2,7 3. Alaskan Native.

SB354-ASA1,2,8 4. Asian.

SB354-ASA1,2,9 5. Asian-Indian.

SB354-ASA1,2,10 6. Pacific Islander.

SB354-ASA1,2,11 7. Caucasian.

SB354-ASA1,2,12 8. Chinese.

SB354-ASA1,2,13 9. Filipino.

SB354-ASA1,2,14 10. Guamian or Chamorro.

SB354-ASA1,2,15 11. Hispanic, Latino or Spanish.

SB354-ASA1,2,16 12. Japanese.

SB354-ASA1,2,17 13. Korean.

SB354-ASA1,2,18 14. Native Hawaiian.

SB354-ASA1,2,19 15. Samoan.

SB354-ASA1,2,20 16. Vietnamese.

SB354-ASA1,2,22 (f) "Hispanic" means ancestry originating in Spain, Mexico, Puerto Rico, Cuba, Central America or South America.

SB354-ASA1,2,23 (g) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

SB354-ASA1,3,3 (h) "Law enforcement officer" means a person who is employed by a law enforcement agency for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.

SB354-ASA1,3,8 (i) "Motor vehicle stop" means the stop or detention of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town or county ordinance.

SB354-ASA1,3,12 (2) Information collection required. All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2001, by a law enforcement officer employed by the law enforcement agency:

SB354-ASA1,3,14 (a) The reason that the law enforcement officer stopped or detained the motor vehicle.

SB354-ASA1,3,15 (b) The age, gender and ethnic heritage of the operator of the motor vehicle.

SB354-ASA1,3,16 (c) The number of persons in the motor vehicle.

SB354-ASA1,3,19 (d) Whether a search was conducted of the motor vehicle, the operator of the motor vehicle or any passenger in the motor vehicle, and for each search conducted all of the following information:

SB354-ASA1,3,23 1. Whether the search was based on probable cause or reasonable suspicion to believe that an offense had been, was being or was about to be committed, or whether the search was based on the consent of the person searched or, for a motor vehicle search, on the consent of the operator or other authorized person.

SB354-ASA1,3,25 2. If the search was of a passenger in the motor vehicle, the age, gender and ethnic heritage of the passenger.

SB354-ASA1,4,1 3. What, if anything, was seized as a result of the search.

SB354-ASA1,4,3 (e) Whether any person who was asked to consent to a search of the motor vehicle or of his or her person refused to consent.

SB354-ASA1,4,8 (f) Whether the motor vehicle stop or a search conducted during the stop resulted in the operator or any passenger being given a written warning of or a citation for a violation of any law or ordinance and, if so, a listing of each warning or citation given and the alleged violation for which the warning or citation was given.

SB354-ASA1,4,11 (g) Whether the motor vehicle stop or a search conducted during the stop resulted in the arrest of the operator or any passenger and, if so, a listing of each arrest made and the reason for the arrest.

SB354-ASA1,4,16 (3) Submission of information collected. The person in charge of a law enforcement agency shall forward the information obtained under sub. (2) to the department using the form prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

SB354-ASA1,4,20 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine, both for the state as a whole and for each law enforcement agency, all of the following:

SB354-ASA1,5,3 1. Whether the number of motor vehicle stops and searches of motor vehicles operated or occupied by persons who are not Caucasians compared to the number of motor vehicle stops and searches of motor vehicles operated or occupied solely by persons who are Caucasians is disproportionate based on an estimate of the population and characteristics of all persons traveling on state highways, on an estimate of the populations and characteristics of persons traveling on state highways who are violating a law or ordinance, or on some other relevant population estimate.

SB354-ASA1,5,6 2. A determination as to whether any disproportion found under subd. 1. is the result of profiling, stereotyping or discrimination based on ethnic heritage, race or skin color.

SB354-ASA1,5,13 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle stops made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2002, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor and to the director of state courts.

SB354-ASA1,5,21 (5) Rules. The department shall promulgate rules to implement the requirements of this section, including rules prescribing a form for use in obtaining information under sub. (2) and establishing a schedule for forwarding the information obtained to the department. The form shall require the law enforcement officer completing the form to specify the manner by which the law enforcement officer determined the ethnic heritage of any person for whom that information is required to be collected under sub. (2). The department shall make the form prescribed by its rules available to law enforcement agencies.