The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB90-ASA1,1,8
7165.842 Motor vehicle stops; collection and analysis of information;
8annual 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
12enforcement agency for the purpose of detecting and preventing crime and enforcing
1laws or ordinances and who is authorized to make arrests for violations of the laws
2or ordinances that the person is employed to enforce, whether that enforcement
3authority extends to all laws or ordinances or is limited to specific laws or ordinances.
AB90-ASA1,2,84
(d) "Motor vehicle stop" means the stop or detention of a motor vehicle that is
5traveling in any public or private place, or the detention of an occupied motor vehicle
6that is already stopped in any public or private place, for the purpose of investigating
7any alleged or suspected violation of a state or federal law or city, village, town, or
8county ordinance.
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9(2) Information collection required. All persons in charge of law
10enforcement agencies shall obtain, or cause to be obtained, all of the following
11information with respect to each motor vehicle stop made on or after January 1, 2005,
12by a law enforcement officer employed by the law enforcement agency:
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(a) The name, address, gender, and race of the operator of the motor vehicle.
14The officer shall subjectively select the operator's race from the following list:
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1. Caucasian.
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2. African American.
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3. Hispanic.
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4. American Indian or Alaska Native.
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5. Asian or Pacific Islander.
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(b) The reason that the officer stopped or detained the motor vehicle.
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(c) The make and year of the motor vehicle.
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(d) The date, time, and location of the motor vehicle stop.
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(e) Whether or not a law enforcement officer conducted a search of the motor
24vehicle, the operator, or any passenger and, if so, whether the search was with
25consent or by other means.
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1(f) The name, address, gender, and race of any person searched, with the officer
2subjectively selecting the person's race from the list under par. (a).
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(g) The name and badge number of the officer making the motor vehicle stop.
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4(3) Submission of information collected. The person in charge of a law
5enforcement agency shall forward the information obtained under sub. (2) to the
6department using the form prescribed by the rules promulgated under sub. (5) and
7in accordance with the reporting schedule established under the rules promulgated
8under sub. (5).
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9(4) Analysis and report by department. (a) The department shall compile the
10information submitted to it by law enforcement agencies under sub. (3) and shall
11analyze the information, along with any other relevant information, to determine,
12both for the state as a whole and for each law enforcement agency, all of the following:
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1. Whether the number of motor vehicle stops and searches involving motor
14vehicles operated or occupied by members of a racial minority compared to the
15number of motor vehicle stops and searches involving motor vehicles operated or
16occupied solely by persons who are not members of a racial minority is
17disproportionate based on an estimate of the population and characteristics of all
18persons traveling on state highways, on an estimate of the populations and
19characteristics of persons traveling on state highways who are violating a law or
20ordinance, or on some other relevant population estimate.
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2. A determination as to whether any disproportion found under subd. 1. is the
22result of racial profiling, racial stereotyping, or other race-based discrimination or
23selective enforcement.
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(b) For each year, the department shall prepare an annual report that
25summarizes the information submitted to it by law enforcement agencies concerning
1motor vehicle stops made during the year and that describes the methods and
2conclusions of its analysis of the information. On or before March 31, 2006, and on
3or before each March 31 thereafter, the department shall submit the annual report
4required under this paragraph to the legislature under s. 13.172 (2), to the governor,
5and to the director of state courts.
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6(5) Rules. The department shall promulgate rules to implement the
7requirements of this section, including rules prescribing a form for use in obtaining
8information under sub. (2) and establishing a schedule for forwarding the
9information obtained to the department. The department shall make the form
10prescribed by its rules available to law enforcement agencies. The department may,
11by rule, require the collection of information in addition to that specified in sub. (2)
12(a) to (g) if the department determines that the information will help to make the
13determinations required under sub. (4) (a).
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14(6) Access to records. Information collected under sub. (2) is not subject to
15inspection or copying under s. 19.35 (1).
AB90-ASA1, s. 2
16Section
2. 165.85 (4) (b) 1d. f. of the statutes is created to read:
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165.85
(4) (b) 1d. f. Training concerning cultural diversity, including sensitivity
18toward racial and ethnic differences. The training shall be designed to prevent the
19use of race, racial profiling, racial stereotyping, or other race-based discrimination
20or selection as a basis for detaining, searching, or arresting a person or for otherwise
21treating a person differently from persons of other races and shall emphasize the fact
22that the primary purposes of enforcement of traffic regulations are safety and equal
23and uniform enforcement under the law.
AB90-ASA1, s. 3
24Section
3. 347.48 (2m) (e) of the statutes is amended to read:
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1347.48
(2m) (e)
Paragraph (b) does not apply to a person who qualifies for
2registration plates of a special design under s. 341.14 (1), (1a), (1m), or (1q) or for a
3special identification card under s. 343.51. The department shall, by rule, exempt
4from the requirements under pars.
(b) to (c) and (d) persons who, because of a
5physical or medical condition, cannot be properly restrained in a safety belt.
AB90-ASA1, s. 4
6Section
4. 347.48 (2m) (gm) of the statutes is amended to read:
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347.48
(2m) (gm)
Notwithstanding s. 349.02, a law enforcement officer may not
8stop or inspect a vehicle solely to determine compliance with this subsection or sub.
9(1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules
10of the department. This paragraph does not limit the authority of a law enforcement
11officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local
12ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department
13observed in the course of a stop or inspection made for other purposes, except that
14 a A law enforcement officer may not take a person into physical custody solely for
15a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with
16this subsection, sub. (1) or (2) or rules of the department.
AB90-ASA1, s. 5
17Section
5. 347.50 (2m) (a) of the statutes is amended to read:
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347.50
(2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person
1916 years of age or older who violates s. 347.48 (2m) (d) may be required to forfeit
$10
20$25 for the first offense and not less than $50 nor more than $75 for the 2nd or any
21later offense committed within 3 years.
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(1) The treatment of section 347.50 (2m) (a) of the statutes first applies to
24violations committed on the effective date of this subsection, but does not preclude
25the counting of other violations as prior violations for sentencing a person.
AB90-ASA1, s. 7
1Section
7.
Effective dates. This act takes effect on the day after publication,
2except as follows:
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(1)
The treatment of sections 347.48 (2m) (e) and (gm) and 347.50 (2m) (a) of
4the statutes and
Section 6 (1) of this act take effect on the first day of the 7th month
5beginning after publication.