AB419: Bill Text

AB419, s. 7 Section 7. 165.85 (4) (bn) 1. a. of the statutes is repealed.

AB419, s. 8 Section 8. 165.85 (4) (bn) 1m. of the statutes is created to read:

AB419,5,20 165.85 (4) (bn) 1m. Each officer who is subject to subd. 1. shall biennially complete at least 4 hours of training from curricula based upon model standards promulgated by the board under par. (cm) 2. b. Hours of training completed under this subdivision shall count toward the hours of training required under subd. 1.

AB419, s. 9 Section 9. 165.85 (4) (cm) of the statutes is created to read:

AB419,5,23 165.85 (4) (cm) 1. In this paragraph, "police pursuit" has the meaning given in s. 85.07 (8) (a).

AB419,5,25 2. The board, in cooperation with the law enforcement pursuit standards council, shall promulgate rules that do all of the following:

AB419,6,9 a. Establish model standards that could be used by any law enforcement agency to determine whether to initiate or continue police pursuit, to establish police pursuit driving techniques employed by that agency and to inform its officers of its written guidelines provided under s. 346.06 (6). The board shall review and, if considered appropriate by the board, revise the model standards established under this subd. 2. a. not later than June 30 of each even-numbered year thereafter. The rules promulgated under this subd. 2. a. are advisory only, are not required to be included as a law enforcement training standard under this subsection and are inadmissible as evidence, except to show compliance with this subd. 2. a.

AB419,6,14 b. Notwithstanding sub. (3) (d), establish the preparatory program and annual recertification training curricula required under pars. (b) 1. and (bn) 1m., respectively, relating to police pursuit standards, guidelines and driving techniques. The advisory curriculum committee established under sub. (3) (d) shall advise the board in promulgating rules under this subd. 2. b.

AB419, s. 10 Section 10. 165.85 (4) (cm) 2. (intro.) and b. of the statutes, as created by 1997 Wisconsin Act .... (this act), are amended to read:

AB419,6,18 165.85 (4) (cm) 2. (intro.) The board, in cooperation with the law enforcement pursuit standards council, shall promulgate rules that do all of the following:

AB419,6,23 b. Notwithstanding sub. (3) (d), establish Establish the preparatory program and annual recertification training curricula required under pars. (b) 1. and (bn) 1m., respectively, relating to police pursuit standards, guidelines and driving techniques. The advisory curriculum committee established under sub. (3) (d) shall advise the board in promulgating rules under this subd. 2. b.

AB419, s. 11 Section 11. 165.86 (1) (c) of the statutes is created to read:

AB419,7,4 165.86 (1) (c) Identify state agencies and political subdivisions that employ law enforcement officers in the state and notify the appropriate officials of the model law enforcement pursuit standards established by the board under s. 165.85 (4) (cm) 2. a.

AB419, s. 12 Section 12. 346.03 (6) of the statutes is amended to read:

AB419,7,14 346.03 (6) Every law enforcement agency which that uses authorized emergency vehicles shall provide written guidelines for its officers and employes regarding exceeding speed limits under the circumstances specified in sub. (4) and when otherwise in pursuit of actual or suspected violators. The guidelines shall consider, among other factors, road conditions, density of population, severity of crime and necessity of pursuit by vehicle. The guidelines are not subject to requirements for rules under ch. 227. Each law enforcement agency shall review its written guidelines by June 30 of each even-numbered year and, if considered appropriate by the law enforcement agency, shall revise those guidelines.

AB419, s. 13 Section 13. 346.17 (3) of the statutes is amended to read:

AB419,7,18 346.17 (3) (a) Except as provided in par. (b), (c) or (d), any person violating s. 346.04 (3) shall be fined not less than $300 $600 nor more than $10,000 and may be imprisoned for not more than 2 years.

AB419,7,22 (b) If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $500 $1,000 nor more than $10,000 and may be imprisoned for not more than 2 years.

AB419,7,25 (c) If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $600 $1,100 nor more than $10,000 and may be imprisoned for not more than 2 years.

AB419,8,3 (d) If the violation results in the death of another, the person shall be fined not less than $600 $1,100 nor more than $10,000 and may be imprisoned for not more than 5 years.

AB419, s. 14 Section 14. Nonstatutory provisions.

AB419,8,9 (1) The law enforcement standards board shall submit proposed rules required under section 165.85 (4) (cm) 2. of the statutes, as created by this act, to the joint legislative council staff for review under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB419, s. 15 Section 15. Initial applicability.

AB419,8,13 (1) The treatment of section 165.85 (4) (b) 1. of the statutes first applies to preparatory programs of law enforcement training commenced on the first day of the 10th month beginning after the effective date of this subsection.

AB419,8,15 (2) The treatment of section 165.85 (4) (bn) 1m. of the statutes first applies to recertification programs commenced on July 1, 1998.

AB419,8,20 (3) The treatment of section 346.17 (3) of the statutes first applies to violations of section 346.04 (3) of the statutes that occur on the effective date of this subsection but does not preclude the counting of other violations as prior violations for sentencing a person or by the department of transportation in taking administrative action.

AB419, s. 16 Section 16. Effective dates. This act takes effect on the day after publication, except as follows:

AB419,8,24 (1) The treatment of section 85.07 (3) (e) and (8) of the statutes takes effect on the first day of the 4th month beginning after publication.

AB419,9,2 (2) The repeal of section 15.257 (3) of the statutes and the amendment of section 165.85 (4) (cm) 2. (intro.) and b. of the statutes take effect on June 30, 2001.

AB419,9,3 (End)