LRB-3800/1
PJH:sac:rs
2013 - 2014 LEGISLATURE
December 16, 2013 - Introduced by Senator Leibham, cosponsored by
Representatives Stroebel, Krug, Bies, Murphy, Born, Marklein, A. Ott,
Pridemore, Brooks and Smith. Referred to Committee on Judiciary and
Labor.
SB447,1,3 1An Act to renumber and amend 968.255 (2) (a); to amend 968.255 (1) (a),
2968.255 (2) (intro.) and 968.255 (2) (b), (c), (d) and (e); and to create 968.255
3(1) (a) 5. and 968.255 (2) (ag) of the statutes; relating to: strip searches.
Analysis by the Legislative Reference Bureau
Under current law, a person may be strip searched when he or she is arrested
for any felony, for certain misdemeanors, or for any misdemeanor or civil violation
if there is probable cause to believe that the person is concealing a weapon or
concealing something that would constitute evidence of the offense for which he or
she has been detained.
Current law requires that the person conducting the strip search is the same
sex as the person searched (detainee), unless the search is a body cavity search
conducted by a physician, physician assistant or registered nurse, that the detainee
be shielded from the view of any person not conducting the search, that the search
not be video or audio recorded, that the person conducting the search generally
obtains the prior written permission from the chief, sheriff, or law enforcement
administrator for his or her jurisdiction, and that the person conducting the search
prepares and provides to the detainee a written report that sets forth the details of
the search and its authorization.
Under current law, those requirements do not apply if the detainee is confined
as a condition of probation or to serve a sentence after a criminal conviction, if the
detainee is confined in a juvenile correctional facility or secured residential care
center, or if the detainee is committed, transferred, or admitted to certain mental
health facilities.

Under this bill, a person may be strip searched, subject to the requirements
imposed under current law, if he or she is arrested or otherwise lawfully detained by
law enforcement, and he or she will be incarcerated, imprisoned or otherwise
detained in a jail or prison with one or more other persons.
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:
SB447,1 1Section 1. 968.255 (1) (a) of the statutes is amended to read:
SB447,2,22 968.255 (1) (a) " Detained" "Detainee" means any of the following:
SB447,2,33 1. Arrested A person arrested for any felony.
SB447,2,54 2. Arrested A person arrested for any misdemeanor under s. 167.30 (1), 940.19,
5941.20 (1), 941.23, 941.237, 941.24, 948.60, or 948.61.
SB447,2,86 3. Taken A person taken into custody under s. 938.19 and there are reasonable
7grounds to believe the juvenile has committed an act which if committed by an adult
8would be covered under subd. 1. or 2.
SB447,2,129 4. Arrested A person arrested for any misdemeanor not specified in subd. 2.,
10any other violation of state law punishable by forfeiture or any local ordinance if
11there is probable cause to believe the person is concealing a weapon or a thing which
12may constitute evidence of the offense for which he or she is detained.
SB447,2 13Section 2. 968.255 (1) (a) 5. of the statutes is created to read:
SB447,2,1614 968.255 (1) (a) 5. A person arrested or otherwise lawfully detained or taken into
15custody, if the person will be incarcerated, imprisoned or otherwise detained in a jail
16or prison with one or more other persons.
SB447,3 17Section 3. 968.255 (2) (intro.) of the statutes is amended to read:
SB447,2,1918 968.255 (2) (intro.) No person may be the subject of conduct a strip search
19unless he or she is a detained person and if all of the following apply:
SB447,4
1Section 4. 968.255 (2) (a) of the statutes is renumbered 968.255 (2) (am) and
2amended to read:
SB447,3,53 968.255 (2) (am) The person conducting the search is of the same sex as the
4person detained detainee, unless the search is a body cavity search conducted under
5sub. (3);.
SB447,5 6Section 5. 968.255 (2) (ag) of the statutes is created to read:
SB447,3,77 968.255 (2) (ag) The person subject to the search is a detainee.
SB447,6 8Section 6. 968.255 (2) (b), (c), (d) and (e) of the statutes are amended to read:
SB447,3,109 968.255 (2) (b) The detained person detainee is not exposed to the view of any
10person not conducting the search;.
SB447,3,1111 (c) The search is not reproduced through a visual or sound recording ;.
SB447,3,1512 (d) A person conducting the search has obtained the prior written permission
13of the chief, sheriff or law enforcement administrator of the jurisdiction where the
14person is detained, or his or her designee, unless there is probable cause to believe
15that the detained person detainee is concealing a weapon; and.
SB447,3,1916 (e) A person conducting the search prepares a report identifying the person
17detained, all persons conducting the search, the time, date and place of the search
18and the written authorization required by par. (d), and provides a copy of the report
19to the person detained detainee.
SB447,3,2020 (End)
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