LRB-1532/2
MGD&TNF:jld:pg
2001 - 2002 LEGISLATURE
September 5, 2001 - Introduced by Senators Moore, George, Plache, Decker and
Risser, cosponsored by Representatives
Young, Colon, Morris-Tatum,
Turner, Coggs, Williams, Riley, Pocan, Black, Boyle, Schooff, Berceau,
Carpenter, Miller, Richards, Ryba and Wasserman. Referred to Committee
on Judiciary, Consumer Affairs, and Campaign Finance Reform.
SB238,1,3
1An Act to amend 165.85 (4) (b) 1.; and
to create 85.07 (9) and 165.842 of the
2statutes;
relating to: collection of data concerning motor vehicle contacts, law
3enforcement training standards, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Collection of information concerning motor vehicle contacts
Currently, a law enforcement agency must collect information concerning each
person that the law enforcement agency arrests or takes into custody, if the person
has committed certain offenses or is a fugitive from justice. The information that the
law enforcement agency must collect includes the person's fingerprints, photographs
of the person's face and profile, and other available identifying data. The information
collected must be forwarded to the department of justice (DOJ), which maintains the
information for various law enforcement and reporting purposes.
This bill requires law enforcement agencies to collect information concerning
motor vehicle contacts made on or after January 1, 2002. Some of the information
that must be collected under the bill includes the following: 1) the reason for the
motor vehicle contact; 2) the age, gender, and race or ethnicity of the operator of the
motor vehicle; 3) whether a search was conducted of the motor vehicle, the operator
of the motor vehicle, or any passenger in the motor vehicle; 4) if there was a search
of a passenger in the motor vehicle, the age, gender, and race or ethnicity of the
passenger; 5) whether anything was seized as a result of any search; 6) whether the
motor vehicle contact or a search conducted during the contact resulted in the
operator or any passenger being given a written or verbal 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; 7)
whether the motor vehicle contact or a search conducted during the contact 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; 8) the location of the motor vehicle contact, including
the street address, if any; and 9) the date, time, and duration of the motor vehicle
contact.
Each law enforcement agency must forward the information that it collects
under the bill concerning motor vehicle contacts to DOJ, which must then compile
and analyze the information, along with any other relevant information, to
determine, both for the state as a whole and for each law enforcement agency,
whether the number of contacts and searches of motor vehicles operated or occupied
by members of a racial or ethnic minority are disproportionate compared to the
number of contacts and searches of motor vehicles operated or occupied solely by
persons who are not members of a racial or ethnic minority. The determination of
whether the number of contacts and searches involving racial or ethnic minorities
is disproportionate must be 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. If DOJ
finds that the number of contacts and searches involving racial or ethnic minorities
is disproportionate compared to the number of contacts and searches involving
nonminorities, DOJ must then determine whether that disproportion is the result
of racial or ethnic profiling, racial or ethnic stereotyping, or other race-based or
ethnicity-based discrimination or selective enforcement.
DOJ must prepare an annual report that summarizes the information
submitted to it by law enforcement agencies and that describes the methods and
conclusions of its analysis of the information. DOJ must also promulgate rules to
implement the information collection requirement created in the bill, including rules
prescribing a form for use in obtaining the information and establishing a schedule
for forwarding the information obtained to DOJ.
Finally, DOJ is also required to forward annually a copy of the information
collected under this bill concerning motor vehicle contacts to the department of
transportation (DOT), which must then analyze the information, along with any
other relevant information, to determine the effects and impact of motor vehicle
contacts on highway safety and on state and local traffic law enforcement. DOT must
also determine whether specific enforcement strategies or other activities may
promote highway safety. DOT must prepare an annual report that summarizes its
analysis of the information submitted to it by DOJ and that describes the methods
and conclusions of its analysis of the information. Under current law, DOT is
required to prepare a biennial report on various issues related to highway safety.
Law enforcement training standards
Under current law, no person may be appointed as a law enforcement officer
unless the person has been certified by the law enforcement standards board (LESB)
after completing a training program approved by LESB. Currently, LESB must
establish minimum educational and training standards for law enforcement officers
and minimum curriculum requirements for law enforcement officer training
programs. Current law also contains specific requirements for law enforcement
training programs, including the requirements that the programs provide training
to enable officers to deal effectively with domestic abuse incidents and training on
police pursuit standards.
This bill requires law enforcement training programs to provide training
designed to prevent the use of race, racial profiling, racial stereotyping, or other
race-based discrimination or selection as a basis for detaining, searching, or
arresting a person or for otherwise treating a person differently from persons of other
races.
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:
SB238, s. 1
1Section
1. 85.07 (9) of the statutes is created to read:
SB238,3,42
85.07
(9) Highway safety and motor vehicle contacts; analysis of
3information; annual report. (a) In this subsection, "motor vehicle contact" has the
4meaning given in s. 165.842 (1) (d).
SB238,3,85
(b) Annually the department shall analyze the information forwarded to the
6department under s. 165.842 (4) (c) by the department of justice concerning motor
7vehicle contacts made during the previous year by law enforcement agencies to
8determine, along with any other relevant information, all of the following:
SB238,3,109
1. The effects, if any, of motor vehicle contacts on state and local traffic law
10enforcement.
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2. Whether certain motor vehicle driving patterns and driver behavior have
12contributed to the frequency of motor vehicle accidents, injuries, and death.
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3. Specific enforcement strategies that may promote highway safety, including
14the selection of specified areas for increased traffic law enforcement.
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14. Other activities that may promote highway safety, such as highway
2redesigning, increased signage, and modifying any existing speed limits.
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(c) For each year, the department shall prepare an annual report that
4summarizes the analysis of the information under par. (b) and that describes the
5methods and conclusions of its analysis of the information. On or before June 30,
62003, and on or before each June 30 thereafter, the department shall submit the
7annual report required under this subsection to the legislature under s. 13.172 (2),
8to the governor, and to the director of state courts.
SB238, s. 2
9Section
2. 165.842 of the statutes is created to read:
SB238,4,11
10165.842 Motor vehicle contacts; collection and analysis of information;
11annual report. (1) Definitions. In this section:
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(a) "Department" means the department of justice.
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(b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).
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(c) "Law enforcement officer" means a person who is employed by a law
15enforcement agency for the purpose of detecting and preventing crime and enforcing
16laws or ordinances and who is authorized to make arrests for violations of the laws
17or ordinances that the person is employed to enforce, whether that enforcement
18authority extends to all laws or ordinances or is limited to specific laws or ordinances.
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(d) "Motor vehicle contact" means any of the following:
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1. The provision of assistance to the operator of or the passengers in a motor
21vehicle that is already stopped in any public or private place.
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2. Contact with an operator of or passengers in a motor vehicle involved in an
23traffic accident.
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3. The stop or detention of a motor vehicle that is traveling in any public or
25private place, or the detention of an occupied motor vehicle that is already stopped
1in any public or private place, for the purpose of investigating any alleged or
2suspected violation of a state or federal law or city, village, town, or county ordinance.
SB238,5,6
3(2) Information collection required. All persons in charge of law
4enforcement agencies shall obtain, or cause to be obtained, all of the following
5information with respect to each motor vehicle contact made on or after January 1,
62002, by a law enforcement officer employed by the law enforcement agency:
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(a) The reason for the motor vehicle contact.
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(b) The age, gender, and race or ethnicity of the operator of the motor vehicle.
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(c) The number of persons in the motor vehicle.
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(d) Whether a search was conducted of the motor vehicle, its operator, or any
11passenger, and for each search conducted all of the following information:
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1. Whether the search was based on probable cause or reasonable suspicion to
13believe that an offense had been, was being, or was about to be committed, or whether
14the search was based on the consent of the person searched or, for a motor vehicle
15search, on the consent of the operator or other authorized person.
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2. If the search was of a passenger, the age, gender, and race or ethnicity of the
17passenger.
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3. What, if anything, was seized as a result of the search.
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(e) Whether any person who was asked to consent to a search of the motor
20vehicle or of his or her person refused to consent.
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(f) Whether the motor vehicle contact or a search conducted during the contact
22resulted in the operator or any passenger being given a written or verbal warning
23of or a citation for a violation of any law or ordinance and, if so, a listing of each
24warning or citation given and the alleged violation for which the warning or citation
25was given.
SB238,6,3
1(g) Whether the motor vehicle contact or a search conducted during the contact
2resulted in the arrest of the operator or any passenger and, if so, a listing of each
3arrest made and the reason for the arrest.
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(h) The location of the motor vehicle contact, including the street address, if
5any.
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(i) The date, time, and duration of the motor vehicle contact.
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7(3) Submission of information collected. The person in charge of a law
8enforcement agency shall forward the information obtained under sub. (2) to the
9department using the form prescribed by the rules promulgated under sub. (5) and
10in accordance with the reporting schedule established under the rules promulgated
11under sub. (5).
SB238,6,15
12(4) Analysis and report by department. (a) The department shall compile the
13information submitted to it by law enforcement agencies under sub. (3) and shall
14analyze the information, along with any other relevant information, to determine,
15both for the state as a whole and for each law enforcement agency, all of the following:
SB238,6,2416
1. Whether the number of motor vehicle contacts and searches conducted
17during such contacts involving motor vehicles operated or occupied by members of
18a racial or ethnic minority compared to the number of motor vehicle contacts and
19searches conducted during such contacts involving motor vehicles operated or
20occupied solely by persons who are not members of a racial or ethnic minority is
21disproportionate based on an estimate of the population and characteristics of all
22persons traveling on state highways, on an estimate of the populations and
23characteristics of persons traveling on state highways who are violating a law or
24ordinance, or on some other relevant population estimate.
SB238,7,3
12. A determination as to whether any disproportion found under subd. 1. is the
2result of racial or ethnic profiling, racial or ethnic stereotyping, or other race-based
3or ethnicity-based discrimination or selective enforcement.
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(b) For each year, the department shall prepare an annual report that
5summarizes the information submitted to it by law enforcement agencies concerning
6motor vehicle contacts made during the year and that describes the methods and
7conclusions of its analysis of the information. On or before March 31, 2003, and on
8or before each March 31 thereafter, the department shall submit the annual report
9required under this paragraph to the legislature under s. 13.172 (2), to the governor,
10and to the director of state courts.
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(c) On or before March 31, 2003, and on or before each March 31 thereafter, the
12department shall forward a copy to the department of transportation of the
13compilation under par. (a) of information submitted to the department of justice by
14law enforcement agencies under sub. (3) concerning motor vehicle contacts made
15during the previous year.
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16(5) Rules. The department shall promulgate rules to implement the
17requirements of this section, including rules specifying the type of assistance
18constituting a motor vehicle contact under sub. (1) (d) 1., prescribing a form for use
19in obtaining information under sub. (2), and establishing a schedule for forwarding
20the information obtained to the department. The department shall make the form
21prescribed by its rules available to law enforcement agencies.
SB238, s. 3
22Section
3. 165.85 (4) (b) 1. of the statutes is amended to read: