AB787: Bill Text

AB787,4,19 59.26 (1m) A sheriff may not appoint any individual to serve as a full-time deputy under this section unless the sheriff reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the sheriff and the county shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 5 Section 5. 60.56 (3) of the statutes is created to read:

AB787,5,3 60.56 (3) Evaluation of prospective officers. If a town has or establishes a town police department, or creates a joint police department, the town may not hire any individual to serve as a full-time town or joint police officer unless the hiring authority reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the hiring authority and the town shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 6 Section 6. 61.65 (1m) of the statutes is created to read:

AB787,5,11 61.65 (1m) If a village has or establishes a village police department, or creates a joint police department, the village may not hire any individual to serve as a full-time village or joint police officer unless the hiring authority reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the hiring authority and the village shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 7 Section 7. 61.66 (1m) of the statutes is created to read:

AB787,5,16 61.66 (1m) Section 61.65 (1m), to the extent that it applies to a prospective full-time officer of a village police department or a joint police department, applies to a full-time prospective employee of the village who may perform police protection duties pursuant to sub. (1).

AB787, s. 8 Section 8. 62.13 (4) (am) of the statutes is created to read:

AB787,5,23 62.13 (4) (am) The chief of police may not appoint any individual as a full-time law enforcement officer under this section unless the chief and the board review any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the chief, the board, and the city shall keep confidential any record of an evaluation received or maintained under this paragraph and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 9 Section 9. 62.50 (2m) of the statutes is created to read:

AB787,6,7 62.50 (2m) Evaluation of prospective officers. No individual may be appointed as a full-time police officer under this section unless the chief of police and the board review any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the chief, the board, and the city shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 10 Section 10. 73.03 (64) of the statutes is created to read:

AB787,6,14 73.03 (64) To review any evaluation of an individual by a psychologist that is required under s. 165.85 (4) (g) before appointing the individual to serve as a full-time law enforcement officer, as defined in s. 165.85 (1) (c). Notwithstanding s. 103.13, the department shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35

AB787, s. 11 Section 11. 110.07 (7) of the statutes is created to read:

AB787,6,21 110.07 (7) The department may not employ any individual as a full-time officer of the state traffic patrol under sub. (1) or as a full-time inspector under sub. (3) unless the department reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). The department shall keep confidential any evaluation received or maintained under this subsection and any such evaluation is not open to public inspection or copying under s. 19.35.

AB787, s. 12 Section 12. 111.91 (2) (t) of the statutes is created to read:

AB787,6,25 111.91 (2) (t) The requirements under ss. 16.84 (2), 23.10 (1), 36.11 (2) (b), 73.03 (64), 110.07 (7), and 165.70 (5) for state agencies to review a psychologist's evaluation of an individual before hiring the individual as a full-time law enforcement officer.

AB787, s. 13 Section 13. 165.70 (5) of the statutes is created to read:

AB787,7,5 165.70 (5) (a) The department of justice may not employ an individual to serve as a full-time law enforcement officer, as defined in s. 165.85 (2) (c), unless the department reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g).

AB787,7,8 (b) Notwithstanding s. 103.13, the department shall keep confidential any record of an evaluation received or maintained under par. (a) and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 14 Section 14. 165.85 (4) (g) of the statutes is created to read:

AB787,7,13 165.85 (4) (g) 1. No person may be appointed as a full-time law enforcement or tribal law enforcement officer on or after January 1, 2009, unless the person receives an evaluation by a licensed psychologist, as defined in s. 455.01 (4), and the psychologist's report of the evaluation is submitted to the appointing authority.

AB787,7,15 2. The board shall promulgate rules regarding the content of the evaluation required under subd. 1.

AB787, s. 15 Section 15. Nonstatutory provisions.

AB787,7,19 (1) Report to legislature. The law enforcement standards board shall by April 1, 2010, submit a report to the legislature in the manner described under section 13.172 (2) of the statutes, on all the following:

AB787,7,22 (a) The effect of the requirement under this act that agencies review a psychologist's evaluation of an individual before hiring the individual as a full-time law enforcement officer or tribal law enforcement officer.

AB787,8,2 (b) A recommendation as to whether the law enforcement standards board should exercise its rule-making authority to require an evaluation by a licensed psychologist of any individual who is appointed as a part-time or limited term law enforcement or tribal law enforcement officer.

AB787,8,6 (c) A recommendation as to whether the law enforcement standards board should exercise its rule-making authority to require an evaluation by a licensed psychologist of any law enforcement or tribal law enforcement officer who is appointed to serve on a special weapons and tactics unit.

AB787,8,11 (2) Emergency rule-making authority. (a) The law enforcement standards board shall submit in proposed form the rules required under section 165.85 (4) (g) 2. of the statutes, as created by this act, to the legislative council staff 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.

AB787,8,21 (b) Using the procedure under section 227.24 of the statutes, the law enforcement standards board may promulgate the rules required under section 165.85 (4) (g) 2. of the statutes, as created by this act, for the period before the effective date of the permanent rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the law enforcement standards board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB787, s. 16 Section 16. Initial applicability.

AB787,9,2 (1) Required evaluations. The treatment of sections 16.84 (2), 23.10 (1), 36.11 (2) (b), 59.26 (1m), 60.56 (3), 61.65 (1m), 61.66 (1m), 62.13 (4) (am), 62.50 (2m), 73.03 (64), 110.07 (7), and 165.70 (5) of the statutes first applies to appointments of law enforcement or tribal law enforcement officers that are made on January 1, 2009.

AB787,9,6 (2) Collective bargaining agreements. The treatment of section 111.91 (2) (t) of the statutes first applies to collective bargaining agreements entered into, extended, modified, or renewed, whichever occurs first, on the effective date of this subsection.

AB787,9,7 (End)