2011 - 2012 LEGISLATURE
February 4, 2011 - Introduced by Representatives Bernier, Jacque, Mursau,
Thiesfeldt, Nass, Farrow, Brooks, LeMahieu, Vos, Ziegelbauer, Petersen,
Kerkman, Ripp, Kooyenga, Bies, Strachota, Kleefisch, Kestell, Marklein
and Spanbauer, cosponsored by Senators Lazich, Wanggaard, Grothman,
Schultz, Leibham and
Jauch. Referred to Committee on Criminal Justice and
1An Act to repeal
16.964 (16), 20.505 (6) (kq) and (kr), 165.85 (4) (b) 1d. f. and 2
349.027; and to amend
20.505 (6) (kp) of the statutes; relating to: collection
3and analysis of motor vehicle traffic stop information and law enforcement
Analysis by the Legislative Reference Bureau
Under current law, as created in 2009 Wisconsin Act 28
(the biennial budget
act), law enforcement officers must collect, at each motor vehicle traffic stop made
after December 31, 2010, all information specified by rule promulgated by the Office
of Justice Assistance (OJA) in the Department of Administration (DOA). This
information must then be submitted by the law enforcement agency to OJA. OJA
must analyze this information to determine whether the number of motor vehicle
stops and searches involving racial minorities is disproportionate compared to
nonminorities. OJA was required to submit its proposed rules to the Legislative
Council staff by February 1, 2010. The biennial budget act also required DOA to
submit a report to the Joint Committee on Finance (JCF) that includes certain
information related to the development of a traffic stop information collection
system. System development cannot begin until JCF approves the report.
This bill repeals the statutory provisions of the biennial budget act relating to
the collection and analysis of traffic stop information and requires that, if the
development of a traffic stop information system has already commenced, this
system development must terminate on the effective date of the bill.
Current law, as created in the biennial budget act, also requires law
enforcement training programs to provide training designed to prevent racial
profiling or race-based discrimination as a basis for detaining, searching, or
arresting a person. The bill also repeals this training requirement.
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:
AB18, s. 1
16.964 (16) of the statutes is repealed.
AB18, s. 2
20.505 (6) (kp) of the statutes is amended to read:
(kp) Data gathering and analysis.
The amounts in the schedule for 4
gathering and analyzing statistics on the justice system, including racial disparity, 5
uniform crime reporting, and incident-based reporting. Of each $21.50 received 6
under s. 814.86 (1), $1.50 shall be credited to this appropriation account and the
7amounts in the schedule under pars. (kq) and (kr) shall be transferred to those
AB18, s. 3
20.505 (6) (kq) and (kr) of the statutes are repealed.
AB18, s. 4
165.85 (4) (b) 1d. f. of the statutes is repealed.
AB18, s. 5
349.027 of the statutes is repealed.
(1) Any system development commenced under authority of 2009 Wisconsin
, section 9101 (12x)
, prior to the effective date of this subsection shall 15
terminate on the effective date of this subsection.