SB97: Bill Text

SB97, s. 11 Section 11. 175.40 (1) (c) of the statutes is amended to read:

SB97,7,9 175.40 (1) (c) "Peace officer" has the meaning specified in s. 939.22 (22), but also does not include a commission warden, as defined in s. 939.22 (5). "Peace officer" includes any tribal law enforcement officer who is empowered to act under s. 165.92 (2) (a).

Note: Excludes GLIFWC wardens from the general arrest and assist statute applicable to most law enforcement officers, as Section 12 creates an arrest and assist statute specific to GLIFWC wardens.

SB97, s. 12 Section 12 . 175.41 of the statutes is created to read:

SB97,7,12 175.41 Arrest and assistance; wardens employed by the Great Lakes Indian Fish and Wildlife Commission. (1) In this section:

SB97,7,15 (a) "Ceded territory" means the territory in Wisconsin ceded by the Chippewa Indians to the United States in the treaty of 1837, 7 Stat. 536, and the treaty of 1842, 7 Stat. 591.

SB97,7,17 (b) "Commission" means the Great Lakes Indian Fish and Wildlife Commission.

SB97,7,19 (c) "Commission warden" means a conservation warden employed by the commission.

SB97,8,3 (2) For purposes of civil and criminal liability, a commission warden may, when in fresh pursuit, follow anywhere in the state outside the ceded territory and arrest any of the following:

SB97,8,5 (a) A Chippewa tribal member for violation of the Chippewa off-reservation conservation code, if the conditions of sub. (3) (a) and (e) are met.

SB97,8,7 (b) Any person for violation of the laws of this state, if the conditions of sub. (3) (a) to (e) are met.

SB97,8,10 (3) Within the ceded territory, a commission warden may arrest a person for violation of state law or provide aid or assistance to a Wisconsin peace officer if all of the following criteria are met:

SB97,8,11 (a) The commission warden is on duty and on official business.

SB97,8,12 (b) Any of the following applies:

SB97,8,13 1. The commission warden is responding to any of the following:

SB97,8,15 a. An emergency situation that poses a significant threat to life or a significant threat of bodily harm.

SB97,8,17 b. Acts that the commission warden believes, on reasonable grounds, constitute a felony.

SB97,8,19 2. The commission warden is rendering aid or assistance to a Wisconsin peace officer in an emergency or at the request of the Wisconsin peace officer.

SB97,8,22 (c) The commission warden meets the requirements of s. 165.85 (4) (b) 1., (bn) 1., and (c) and has agreed to accept the duties of a law enforcement officer under the laws of this state.

SB97,9,2 (d) The commission has adopted and implemented written policies regarding making arrests and rendering aid or assistance under this subsection, including a policy on notification to and cooperation with the law enforcement agency of the jurisdiction in which such arrests are made.

SB97,9,3 (e) The commission maintains liability insurance that does all of the following:

SB97,9,5 1. Covers the commission and commission wardens for acts and omissions under sub. (4).

SB97,9,6 2. Has a limit of coverage not less than $2,000,000 for any occurrence.

SB97,9,8 3. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.

SB97,9,15 (4) Except as otherwise provided in an agreement between the commission and the state or a subdivision of the state, the commission is liable for all acts and omissions of a commission warden while acting under sub. (2) or (3), and neither the state nor any political subdivision of the state may be held liable for any action of a commission warden taken under the authority of sub. (2) or (3). For purposes of civil and criminal liability, a commission warden acting under sub. (2) or (3) is considered to be acting in an official capacity.

SB97,9,20 (5) Subsections (2) and (3) apply only if the commission has presented evidence to the department of justice of the insurance under sub. (3) (e). Upon receipt of evidence of insurance under sub. (3) (e), the department of justice shall notify the sheriff of each county in the ceded territory that the commission has met this criterion for performing the powers and duties described under subs. (2) and (3).

SB97, s. 13 Section 13. 340.01 (3) (b) of the statutes is amended to read:

SB97,9,23 340.01 (3) (b) Conservation wardens' vehicles or, foresters' trucks, or vehicles used by commission wardens, whether publicly or privately owned.

Note: Adds GLIFWC wardens' vehicles to the definition of "authorized emergency vehicle."

SB97, s. 14 Section 14 . 340.01 (8t) of the statutes is created to read:

SB97,10,3 340.01 (8t) "Commission" means the Great Lakes Indian Fish and Wildlife Commission.

SB97, s. 15 Section 15 . 340.01 (8u) of the statutes is created to read:

SB97,10,6 340.01 (8u) "Commission warden" means a conservation warden employed by the commission.

Note: Sections 14 and 15 define "commission" and "commission warden" for purposes of the statutes relating to motor vehicles and ATVs, except ch. 350, stats.

SB97, s. 16 Section 16 . 341.17 (4) (h) of the statutes is created to read:

SB97,10,9 341.17 (4) (h) To the commission, one copy of each automobile registration list under sub. (1).

SB97, s. 17 Section 17 . 341.17 (9) (c) 2. of the statutes is amended to read:

SB97,10,12 341.17 (9) (c) 2. A law enforcement agency, a state authority or, a federal governmental agency, or the commission to perform a legally authorized function.

SB97, s. 18 Section 18. 343.235 (3) (a) of the statutes is amended to read:

SB97,10,15 343.235 (3) (a) A law enforcement agency, a state authority or, a federal governmental agency, or the commission to perform a legally authorized function.

SB97, s. 19 Section 19 . 343.237 (4) of the statutes is amended to read:

SB97,10,20 343.237 (4) If a law enforcement agency of another state or the commission makes a request meeting all the requirements specified for a request by a Wisconsin law enforcement agency or a federal law enforcement agency under sub. (3), the department shall comply with the request if all of the following apply:

SB97,10,22 (a) The law enforcement agency of the other state or the commission agrees to comply with all of the requirements under this section.

SB97,11,3 (b) The other state or the commission allows Wisconsin law enforcement agencies similar or greater access to similar information from that state or the commission.

Note: Sections 16 to 19 give GLIFWC access to Department of Transportation (DOT) records regarding vehicle registrations, and to personal identifying information and drivers' license and identification card photographs to the same extent that current law gives access to law enforcement agencies and others.

Much of this information is accessible through the TIME system, to which GLIFWC is given access by Sections 7 and 8 of this bill. However, the Department of Justice may not release the information via the TIME system to entities that do not have independent authority to receive the information directly from DOT, which these provisions provide.

SB97, s. 20 Section 20 . 350.02 (3m) of the statutes is amended to read:

SB97,11,8 350.02 (3m) A law enforcement officer or a commission warden, as defined in s. 939.22 (5), may operate a snowmobile on a highway in performance of his or her official duties if the snowmobile is equipped with a light that is red or blue or a combination thereof and that is flashing, oscillating, or rotating.

SB97, s. 21 Section 21 . 350.17 (2) of the statutes is amended to read:

SB97,11,12 350.17 (2) No person operating a snowmobile shall refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in s. 939.22 (5).

Note: Section 20 authorizes GLIFWC wardens to operate snowmobiles on highways, under specified circumstances, and Section 21 requires snowmobile operators to stop when signaled by a GLIFWC warden.

SB97, s. 22 Section 22 . 939.22 (5) of the statutes is created to read:

SB97,11,15 939.22 (5) "Commission warden" means a conservation warden employed by the Great Lakes Indian Fish and Wildlife Commission.

SB97, s. 23 Section 23 . 939.22 (22) of the statutes is amended to read:

SB97,11,19 939.22 (22) "Peace officer" means any person vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes. "Peace officer" includes a commission warden.

SB97, s. 24 Section 24 . 939.22 (37) of the statutes is created to read:

SB97,12,4 939.22 (37) "State-certified commission warden" means a commission warden who meets the requirements of s. 165.85 (4) (b) 1., (bn) 1., and (c) and has agreed to accept the duties of a law enforcement officer under the laws of this state.

Note: Sections 22 and 24 define "commission warden" and "state-certified commission warden" for purposes of the criminal code, and Section 23 amends the definition of "peace officer" to include GLIFWC wardens.

SB97, s. 25 Section 25. 940.20 (2) of the statutes is amended to read:

SB97,12,12 940.20 (2) Battery to law enforcement officers and, fire fighters , and commission wardens. Whoever intentionally causes bodily harm to a law enforcement officer or fire fighter, as those terms are defined in s. 102.475 (8) (b) and (c), or to a commission warden, acting in an official capacity and the person knows or has reason to know that the victim is a law enforcement officer or, fire fighter, or commission warden, by an act done without the consent of the person so injured, is guilty of a Class H felony.

Note: Makes battery to a GLIFWC warden a Class H felony, as is battery to a law enforcement officer or fire fighter under current law.

SB97, s. 26 Section 26 . 941.20 (1m) (b) of the statutes is amended to read:

SB97,12,20 941.20 (1m) (b) Whoever intentionally points a firearm at or towards a law enforcement officer, a fire fighter, an emergency medical technician, a first responder, or an ambulance driver, or a commission warden who is acting in an official capacity and who the person knows or has reason to know is a law enforcement officer, a fire fighter, an emergency medical technician, a first responder, or an ambulance driver, or a commission warden is guilty of a Class H felony.

Note: Makes intentionally pointing a firearm at a GLIFWC warden a Class H felony, as is pointing a firearm at a law enforcement officer or certain others under current law.

SB97, s. 27 Section 27. 941.20 (3) (b) 1. a. of the statutes is amended to read:

SB97,13,3 941.20 (3) (b) 1. a. A peace officer, except for a commission warden who is not a state-certified commission warden.

Note: Provides that the peace officers' exemption from the prohibition on the discharge of a firearm from a vehicle extends only to state-certified GLIFWC wardens.

SB97, s. 28 Section 28. 941.23 of the statutes is amended to read:

SB97,13,9 941.23 Carrying concealed weapon. Any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor. Notwithstanding s. 939.22 (22), for purposes of this section, peace officer does not include a commission warden who is not a state-certified commission warden.

Note: Provides that the peace officers' exemption from the prohibition on carrying a concealed weapon extends only to state-certified GLIFWC wardens.

SB97, s. 29 Section 29. 941.235 (2) of the statutes is amended to read:

SB97,13,16 941.235 (2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police, or the sheriff of any county to possess a firearm in any building under sub. (1). Notwithstanding s. 939.22 (22), for purposes of this subsection, peace officer does not include a commission warden who is not a state-certified commission warden.

Note: Provides that the peace officers' exemption from the prohibition on carrying a firearm in a public building is extended only to state-certified GLIFWC wardens.

SB97, s. 30 Section 30. 941.237 (1) (dr) of the statutes is created to read:

SB97,13,19 941.237 (1) (dr) Notwithstanding s. 939.22 (22), "peace officer" does not include a commission warden who is not a state-certified commission warden.

Note: Provides that the peace officers' exemption from the prohibition on carrying a firearm where alcoholic beverages are sold is extended only to state-certified GLIFWC wardens.

SB97, s. 31 Section 31. 941.26 (4) (c) 2. of the statutes is amended to read:

SB97,14,4 941.26 (4) (c) 2. Any peace officer acting in his or her official capacity. Notwithstanding s. 939.22 (22), for purposes of this subdivision, peace officer does not include a commission warden who is not a state-certified commission warden.

Note: Provides that the peace officers' exemption from the prohibition on the use of pepper spray is extended only to state-certified GLIFWC wardens.

SB97, s. 32 Section 32. 941.29 (10) (a) of the statutes is amended to read:

SB97,14,10 941.29 (10) (a) The person is a peace officer and the person possesses a firearm while in the line of duty or, if required to do so as a condition of employment, while off duty. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

Note: Provides that the peace officers' exemption from the prohibition on the possession of a firearm by a person subject to a domestic abuse or child abuse injunction extends only to state-certified GLIFWC wardens.

SB97, s. 33 Section 33. 941.295 (2) (a) of the statutes is amended to read:

SB97,14,14 941.295 (2) (a) Any peace officer. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

Note: Provides that the peace officers' exemption from the prohibition on the use of an electric weapon is extended only to state-certified GLIFWC wardens.

SB97, s. 34 Section 34. 941.2965 (3) (a) of the statutes is amended to read:

SB97,14,18 941.2965 (3) (a) Any peace officer acting in the discharge of his or her official duties. Notwithstanding s. 939.22 (22), this paragraph does not apply to a commission warden.

Note: Specifies that GLIFWC wardens are not exempt from prohibitions regarding the possession or display of facsimile firearms.

SB97, s. 35 Section 35. 941.298 (3) (a) of the statutes is amended to read: