175.40(5)(d)3.
3. Arrests made in another jurisdiction if the crime is not observed by a law enforcement officer.
175.40(5)(d)4.
4. Notification to and cooperation with the law enforcement agency of another jurisdiction regarding investigations conducted and arrests made in the other jurisdiction.
175.40(5)(e)
(e) The authority under this subsection is in addition to any other arrest authority, including authority granted under any charter.
175.40(6)(a)(a) A peace officer outside of his or her territorial jurisdiction may arrest a person or provide aid or assistance anywhere in the state if the criteria under
subds. 1. to
3. are met:
175.40(6)(a)2.
2. The officer is taking action that he or she would be authorized to take under the same circumstances in his or her territorial jurisdiction.
175.40(6)(a)3.
3. The officer is acting to respond to any of the following:
175.40(6)(a)3.a.
a. An emergency situation that poses a significant threat to life or of bodily harm.
175.40(6)(a)3.b.
b. Acts that the officer believes, on reasonable grounds, constitute a felony.
175.40(6)(b)
(b) A peace officer specified in
par. (a) has the additional arrest and other authority under this subsection only if the peace officer's supervisory agency has adopted policies under
par. (d) and the officer complies with those policies.
175.40(6)(c)
(c) For purposes of civil and criminal liability, any peace officer outside of his or her territorial jurisdiction acting under
par. (a) is considered to be acting in an official capacity.
175.40(6)(d)
(d) In order to allow a peace officer to exercise authority under
par. (a), the peace officer's supervisory agency must adopt and implement written policies regarding the arrest and other authority under this subsection, including at least a policy on notification to and cooperation with the law enforcement agency of another jurisdiction regarding arrests made and other actions taken in the other jurisdiction.
175.40(7)(a)1.
1. "Federal law enforcement officer" means a person employed full-time by the federal government who may make an arrest with or without a warrant for a violation of the U.S. Code and who may carry a firearm in the performance of the person's duties.
175.40(7)(b)
(b) A federal law enforcement officer, while engaged in the performance of official duties, may do any of the following anywhere in the state:
175.40(7)(b)1.
1. Make an arrest for a violation of state law or render aid or assistance if the officer has reasonable grounds for believing that a felony has been or is being committed in his or her presence and has reasonable grounds for believing that the person to be arrested has committed the felony.
175.40(7)(b)2.
2. Render assistance to a Wisconsin law enforcement officer in an emergency or at the request of the Wisconsin law enforcement officer.
175.40(7)(c)
(c) A federal law enforcement officer acting under
par. (b) has any immunity from liability or limit on liability to the same extent as a Wisconsin law enforcement officer.
175.40(7)(d)
(d) No federal law enforcement officer, acting solely under the authority under
par. (b), may be considered, for liability purposes, as an employe or agent of this state or any Wisconsin law enforcement agency for his or her actions within this state. The federal law enforcement officer is considered as continuing to be an employe of the agency employing him or her.
175.40(7)(e)
(e) This subsection does not limit any authority to act that a federal law enforcement officer has under federal law.
175.40 Annotation
Motorist injured while fleeing police was, as matter of law, more negligent than pursuing officer. Brunette v. Employers Mut. Liability Ins. Co. 107 W (2d) 361, 320 NW (2d) 43 (Ct. App. 1982).
175.40 Annotation
To determine whether officer acts in "fresh pursuit" under (2) three criteria are considered: whether officer acted without unnecessary delay, pursuit is continuous, and time periods were reasonable. City of Brookfield v. Collar, 148 W (2d) 839, 436 NW (2d) 911 (Ct. App. 1989).
175.40 Annotation
Sub. (4) permits enforcement of one municipality's ordinance on the entire width of a boundary highway. City of Brookfield v. Berghauer, 170 W (2d) 603, 489 NW (2d) 695 (Ct. App. 1992).
175.40 Annotation
Municipal Police Officers Right to Stop and Arrest in Foreign Jurisdictions. Kershek. Wis. Law. Dec. 1992.
175.45
175.45
Sex offender registration. 175.45(1)
(1)
Who is covered. A person shall comply with the reporting requirements under this section if he or she meets any of the following criteria:
175.45(1)(b)
(b) Is in prison, a secured correctional facility, as defined in
s. 938.02 (15m), or a secured child caring institution, as defined in
s. 938.02 (15g), or on probation, parole, supervision or aftercare supervision on or after December 25, 1993, for any violation of
s. 940.225 (1) or
(2),
948.02 (1) or
(2) or
948.025.
175.45(2)
(2) What must be provided. A person subject to
sub. (1) shall provide information about his or her home address, place of school enrollment, place of employment and employment duties to the department of justice in accordance with the rules under
sub. (8).
175.45(3)
(3) Annual registration requirements. 175.45(3)(a)(a) A person covered under
sub. (1) is subject to the annual registration requirements under
par. (b) as follows:
175.45(3)(a)1.
1. If the person has been placed on probation or supervision, he or she is subject to this subsection after he or she is discharged from probation or supervision.
175.45(3)(a)2.
2. If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, he or she is subject to this subsection after he or she is discharged from parole or aftercare supervision.
175.45(3)(a)4.
4. If
subd. 1.,
2. or
3. does not apply, the person is subject to this subsection after he or she is sentenced or receives a disposition.
175.45(3)(b)
(b) A person who is subject to
par. (a) shall notify the department of justice once each calendar year, as directed by the department, of his or her current information specified in
sub. (2). The department shall annually notify registrants of their need to comply with this requirement. Also, probation and parole agents, aftercare agents and agencies providing supervision shall notify any client who is covered under
sub. (1) of this requirement prior to the client's expected date of discharge from probation, parole, supervision or aftercare supervision. Failure to receive this notice from the department, a probation and parole agent, an aftercare agent or an agency providing supervision is not a defense to liability under
sub. (6).
175.45(4)
(4) Updated information. In addition to the requirements under
sub. (3), whenever any of the information under
sub. (2) changes, the person shall provide the department of justice with the updated information within 14 days after the change occurs.
175.45(5)
(5) Release from requirements. A person who is covered under
sub. (1) no longer has to comply with this section when the following applicable criterion is met:
175.45(5)(a)
(a) If the person has been placed on probation or supervision, 15 years after discharge from probation or supervision.
175.45(5)(b)
(b) If the person has been sentenced to prison or placed in a secured correctional facility or a secured child caring institution, 15 years after discharge from parole or aftercare supervision.
175.45(5)(d)
(d) If
par. (a),
(b) or
(c) does not apply, 15 years after the date of conviction or disposition.
175.45(6)(a)(a) Whoever intentionally fails to comply with any requirement to provide information under
subs. (2) to
(4) may be fined not more than $10,000 or imprisoned for not more than 9 months or both. Subject to
s. 971.19 (9), a district attorney or, upon the request of a district attorney, the department of justice may prosecute a violation of this subsection. If the department of justice determines that there is probable cause to believe that a person has intentionally failed to comply with any requirement to provide information under
subs. (2) to
(4), the department shall forward a certified copy of all pertinent departmental information to the applicable district attorney. The department shall certify the copy in accordance with
s. 889.08.
175.45(6)(b)
(b) Whoever knowingly fails to keep information confidential as required under
sub. (7) may be fined not more than $500 or imprisoned for not more than 30 days or both.
175.45(7)
(7) Department of justice; information. 175.45(7)(a)(a) The department of justice shall maintain information provided under
sub. (2). The department shall keep the information confidential except as needed for law enforcement purposes.
175.45(7)(b)
(b) The department shall not charge a fee for providing information under this subsection.
175.45(7)(c)
(c) A person who has provided information under
sub. (2) may request expungement of all pertinent departmental information on the grounds that his or her conviction, delinquency adjudication, finding of need of protection or services or commitment has been reversed, set aside or vacated. The department shall purge all of that information if the department receives all of the following:
175.45(7)(c)2.
2. A certified copy of the court order reversing, setting aside or vacating the conviction, delinquency adjudication, finding of need of protection or services or commitment.
175.45(8)
(8) Rules. The department of justice shall promulgate rules necessary to carry out its duties under this section.
175.45(9)
(9) Cooperation. The departments of corrections, health and family services and industry, labor and job development shall cooperate with the department of justice in obtaining information under this section.
Effective date note
NOTE: Subs. (1) to (8) are renumbered to s. 301.45 and amended and sub. (9) is repealed eff. 6-1-97 by
1995 Wis. Act 440.
175.46
175.46
Mutual aid agreements. 175.46(1)(a)
(a) "Border county" means any of the following:
175.46(1)(a)1.
1. Any Wisconsin county that has land that is within 5 miles from any land of a physically adjacent state, as measured, where applicable, by any land that is above the ordinary high water mark.
175.46(1)(a)2.
2. Any county of a physically adjacent state which county has land that is within 5 miles from any land of Wisconsin, as measured, where applicable, by any land that is above the ordinary high water mark.
175.46(1)(b)
(b) "Law enforcement agency of a physically adjacent state" means a governmental unit of one or more persons employed by a physically adjacent state or a political subdivision of a physically adjacent state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employes of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
175.46(1)(c)
(c) "Law enforcement officer of a physically adjacent state" means any person employed by a physically adjacent state or any political subdivision of a physically adjacent state, 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 he or she is employed to enforce.
175.46(1)(d)
(d) "Physically adjacent state" means Minnesota, Iowa, Illinois or Michigan.
175.46(1)(e)
(e) "Political subdivision" means a county, city, village or town.
175.46(1)(f)
(f) "Wisconsin law enforcement agency" means a governmental unit of one or more persons employed by this state or a political subdivision of this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employes of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
175.46(1)(g)
(g) "Wisconsin law enforcement officer" means any person employed by this state or any political subdivision of this state, 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 he or she is employed to enforce.
175.46(2)
(2) Except as provided in
sub. (8), a Wisconsin law enforcement agency may enter into a mutual aid agreement with a law enforcement agency of a physically adjacent state authorizing one or more of the following:
175.46(2)(a)
(a) Law enforcement officers of the law enforcement agency of the physically adjacent state to act with some or all of the arrest and other police authority of a law enforcement officer of the Wisconsin law enforcement agency while within the Wisconsin law enforcement agency's territorial jurisdiction and within a border county.
175.46(2)(b)
(b) Law enforcement officers of the Wisconsin law enforcement agency to act with some or all of the arrest and other police authority of a law enforcement officer of the law enforcement agency of the physically adjacent state while within that agency's territorial jurisdiction and within a border county.
175.46(3)
(3) An agreement under this section shall be written and may be on an individual case-by-case basis or may be on a continuing basis until terminated by either agency.
175.46(4)
(4) An agreement under this section may grant authority to an officer only to enforce laws and make arrests for violations of laws that are similar to the types of laws that he or she is authorized to enforce or make arrests for regarding violations of in his or her home state.
175.46(5)(a)(a) Except as provided in
par. (b), any agreement under this section shall provide that any Wisconsin law enforcement officer, acting under the agreement in another state, shall continue to be covered by his or her employing agency for purposes of worker's compensation, unemployment compensation, benefits under
ch. 40 and civil liability and any officer of another state acting in Wisconsin under the agreement shall continue to be covered for worker's compensation, unemployment compensation, disability and other employe benefits and civil liability purposes by his or her employing agency in his or her home state. Any Wisconsin officer acting within an adjoining state, under the agreement, is considered while so acting to be in the ordinary course of his or her employment with his or her employing Wisconsin law enforcement agency.
175.46(5)(b)
(b) An agreement under this section shall provide that any Wisconsin law enforcement officer, acting under the agreement in another state, is subject to any immunity from liability or limit on liability to the same extent as any officer of the other state. An agreement under this section shall provide that any law enforcement officer of another state, acting under the agreement in Wisconsin, is subject to any immunity from liability or limit on liability to the same extent as a Wisconsin law enforcement officer.
175.46(6)
(6) No law enforcement officer of a physically adjacent state, acting under an agreement under this section, may be considered, for liability purposes, as an employe or agent of this state or any Wisconsin law enforcement agency for his or her actions within this state regardless of the supervision or control of the officer's actions while within this state. The officer of the physically adjacent state is considered as continuing to be an employe of the agency employing him or her in the officer's home state.
175.46(7)
(7) Any agreement under this section entered into by a Wisconsin law enforcement agency may include any terms and conditions considered appropriate by that agency, except the agreement shall comply with this section.
175.46(8)
(8) At least 30 days prior to entering into an agreement under
sub. (2), a Wisconsin law enforcement agency shall submit a copy of the proposed agreement to the department of justice for the department's review and comment. The department shall provide its comments to the Wisconsin law enforcement agency within 21 days after the department receives the proposed agreement. The Wisconsin law enforcement agency need not have the consent of the department to enter into the agreement. The Wisconsin law enforcement agency may revise the proposed agreement without having to resubmit the proposed agreement to the department.
175.46 History
History: 1993 a. 49;
1993 a. 490 s.
154; Stats. 1993 s. 175.46.
