LRB-0972/1
MES:jld
2017 - 2018 LEGISLATURE
January 20, 2017 - Introduced by Representatives Kessler, Crowley, Brostoff,
Berceau and Ohnstad, cosponsored by Senators L. Taylor and C. Larson.
Referred to Committee on Criminal Justice and Public Safety.
AB38,1,4
1An Act to create 66.0414 of the statutes;
relating to: limiting the authority of
2a law enforcement officer to arrest someone for sleeping or camping in a county
3park, authorizing local ordinances to prohibit overnight sleeping or camping in
4a county park, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under this bill, and subject to a number of exceptions, no state or local law
enforcement officer may arrest a person, without a warrant, who is suspected of
sleeping in an area of a county park in which the county has prohibited overnight
sleeping or overnight camping. The exceptions include situations where the law
enforcement officer knows the person is wanted for arrest on charges unrelated to
sleeping or camping in a county park or the officer reasonably believes the person is
a threat to public health or safety for reasons unrelated to sleeping or camping in a
county park.
The bill authorizes a city, village, town, or county to enact and enforce an
ordinance prohibiting a person from sleeping in a county park in an area designated
by the political subdivision as an area in which overnight sleeping or camping is
prohibited, but the ordinance must specify that the penalty for violating such an
ordinance is a forfeiture of not less than $10 nor more than $200, plus costs. The
ordinance must also specify that a person who is convicted of violating such an
ordinance and does not pay the forfeiture may be sentenced to a term of not more than
90 days in the county jail or county house of corrections.
If a political subdivision has in effect on the effective date an ordinance that is
inconsistent with the provisions contained in the bill, the ordinance does not apply
and may not be enforced.
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:
AB38,1
1Section
1. 66.0414 of the statutes is created to read:
AB38,2,2
266.0414 Law enforcement in county parks. (1) In this section:
AB38,2,73
(a) “Law enforcement officer" means any person employed by the state or any
4political subdivision for the purpose of detecting and preventing crime and enforcing
5laws or ordinances and who is authorized to make arrests for violations of the laws
6or ordinances the person is employed to enforce, whether that enforcement authority
7extends to all laws or ordinances or is limited to specific laws or ordinances.
AB38,2,88
(b) “Political subdivision" means any city, village, town, or county.
AB38,2,12
9(2) Except as provided in sub. (3), and subject to subs. (4) and (5), no law
10enforcement officer may, without a warrant, arrest any person who is suspected of
11sleeping in a county park in an area that the county has designated as an area in
12which overnight sleeping or overnight camping is prohibited.
AB38,2,14
13(3) The limitation on arrest in sub. (2) does not apply if any of the following
14apply to the person suspected of sleeping in a county park:
AB38,2,1615
(a) The law enforcement officer knows that the person is wanted for arrest on
16other charges unrelated to overnight sleeping or camping in a county park.
AB38,2,1917
(b) The law enforcement officer reasonably believes that the person poses a
18threat to public health or safety that is unrelated to sleeping or camping in a county
19park.
AB38,3,4
1(4) (a) Subject to par. (b), a political subdivision may enact and enforce an
2ordinance prohibiting a person from sleeping in a county park in an area designated
3by the political subdivision as an area in which overnight sleeping or overnight
4camping is prohibited.
AB38,3,95
(b) The ordinance described in par. (a) shall specify the penalty for violating the
6ordinance is a forfeiture of not less than $10 nor more than $200, plus costs. The
7ordinance shall also specify that, if a person convicted of such an ordinance does not
8pay the forfeiture, the person may be sentenced to serve a term in the county jail or
9county house of corrections for a period not to exceed 90 days.
AB38,3,12
10(5) If a political subdivision has in effect on the effective date of this subsection
11.... [LRB inserts date], an ordinance that is inconsistent with the provisions of sub.
12(2) or (4), the ordinance does not apply and may not be enforced.
AB38,2
13Section
2.
Initial applicability.
AB38,3,1514
(1) This act first applies to a person who is found sleeping in a county park by
15a law enforcement officer on the effective date of this subsection.
