7. Any person employed and certified as a jail officer on July 1, 1994, is certified as a juvenile detention officer and remains certified as a juvenile detention officer subject to annual recertification requirements under subd. 6. and the board's decertification authority under sub. (3) (cm).
(d) Police pursuit. The board shall promulgate rules that do all of the following:
1. Establish model standards that could be used by any law enforcement agency to determine whether to initiate or continue police pursuit, to establish police pursuit driving techniques employed by that agency, and to inform its officers of its written guidelines provided under s. 346.03 (6). The board shall review and, if considered appropriate by the board, revise the model standards established under this subdivision not later than June 30 of each odd-numbered year thereafter. The rules promulgated under this subdivision are advisory only, are not required to be included as a law enforcement training standard under this subsection, and are inadmissible as evidence, except to show compliance with this subdivision.
2. Establish the preparatory program and biennial recertification training curricula required under par. (a) relating to police pursuit standards, guidelines, and driving techniques.
(e) Firearms. The board shall establish criteria for firearm training. Notwithstanding s. 227.10 (1), the criteria need not be promulgated as rules under ch. 227 and shall do all of the following:
1. Establish model standards that could be used by any law enforcement agency to show handgun proficiency.
2. Establish the preparatory program and annual recertification training curricula required under par. (a) relating to an officer's ability to operate and fire a handgun.
(f) Local or agency standards. Nothing in this subsection shall preclude any law enforcement or tribal law enforcement agency or sheriff from setting recruit training, employment, and recertification training standards that are higher than the minimum standards set by the board.
214,20
Section
20. 165.85 (4m) of the statutes is repealed.
214,21
Section
21. 165.85 (5) (title) of the statutes is amended to read:
165.85 (5) (title) Schools and programs;
grants training reimbursements.
214,22
Section
22. 165.85 (5) (a) of the statutes is repealed and recreated to read:
165.85 (5) (a) All training programs and training schools for law enforcement, tribal law enforcement, jail, and juvenile detention officers and law enforcement instructors must be authorized and approved by the board as meeting standards established by the board. The board may authorize and approve a training program or training school only if it is operated by an agency of the state or of a political subdivision of the state. The authority granted in this paragraph does not authorize the board to select a site for a state police, jail, or juvenile detention officer academy or to expend funds thereon.
214,23
Section
23. 165.85 (5) (b) of the statutes is amended to read:
165.85 (5) (b) The board shall authorize the reimbursement to each political subdivision of approved expenses incurred by officers recruits who satisfactorily complete training at schools certified by the board. Reimbursement of these expenses for law enforcement officer, jail officer and juvenile detention officer preparatory training shall be for board approved tuition, living, and travel expenses for the first 400 hours of law enforcement preparatory training and for the first 120 hours of jail or juvenile detention officer preparatory training. Reimbursement of approved expenses for completion of annual recertification training under sub. (4) (bn) shall include at least $160 per officer thereafter. Funds may also be distributed for attendance at other training programs and courses or for training services on a priority basis to be decided by the department of justice.
214,24
Section
24. 165.86 (1) (c) of the statutes is amended to read:
165.86 (1) (c) Identify state agencies and political subdivisions that employ law enforcement officers in the state and notify the appropriate officials of the model law enforcement pursuit standards established by the board under s. 165.85 (4) (cm) 2. a. (d).
214,25
Section
25. 165.92 (2) (a) of the statutes is amended to read:
165.92 (2) (a) A tribal law enforcement officer who meets the requirements of s. 165.85 (4) (b) 1., (bn) 1. and (c) (a) 1., 2., and 7. shall have the same powers to enforce the laws of the state and to make arrests for violations of such laws that sheriffs have, including powers granted to sheriffs under ss. 59.27 and 59.28 and under the common law, and shall perform the duties accepted under s. 165.85 (3) (c).
214,26
Section
26. 175.41 (3) (c) of the statutes is amended to read:
175.41 (3) (c) The commission warden meets the requirements of s. 165.85 (4) (b) 1., (bn) 1., and (c)
(a) 1., 2., and 7. and has agreed to accept the duties of a law enforcement officer under the laws of this state.
214,27
Section
27. 895.46 (1) (b) 1. of the statutes is amended to read:
895.46 (1) (b) 1. Satisfactorily completed or are currently enrolled in the preparatory program of law enforcement training under s. 165.85 (4) (b) (a) 1. and, if applicable, the recertification programs under s. 165.85 (4) (bn) 1. (a) 7., or have provided evidence of equivalent law enforcement training and experience as determined by the law enforcement standards board; or
938.21 (1m) Biological specimen. If the juvenile has been taken into custody on the basis of a violation that would be a felony violent crime, as defined in s. 165.84 (7) (ab), if committed by an adult in this state, the court shall determine if a biological specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the court requires the juvenile to provide a specimen under this subsection or if a biological specimen has already been obtained from the juvenile, the court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).
938.30 (2m) Biological specimen. If the juvenile is before the court on the basis of a violation that would be a felony violent crime, as defined in s. 165.84 (7) (ab), if committed by an adult in this state, the court shall determine if a biological specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the court requires the juvenile to provide a specimen under this subsection or if a biological specimen has already been obtained from the juvenile, the court shall inform the juvenile that he or she may request expungement under s. 165.77 (4).
214,28
Section
28. 939.22 (37) of the statutes is amended to read:
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) (a) 1., 2., and 7. and has agreed to accept the duties of a law enforcement officer under the laws of this state.
970.02 (8) If the offense charged is a felony violent crime, as defined in s. 165.84 (7) (ab), the judge shall determine if a biological specimen has been obtained from the defendant under s. 165.84 (7), and, if not, the judge shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the defendant and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4). If the judge requires the defendant to provide a specimen under this subsection or if a biological specimen has already been obtained from the defendant, the judge shall inform the defendant that he or she may request expungement under s. 165.77 (4).
[
2013 Wisconsin Act 20] Section 9326 (1) (h) The treatment of section 973.047 (1f) of the statutes first applies to
sentences imposed or probations placements made offenses committed on the effective date of this paragraph.
214,28v
Section 28v.
Initial applicability.
(1v) DNA collection. The treatment of sections 165.76 (1) (gm) and (4) (c), 165.77 (3) and (4) (ag) and (am) 2. a., b., c., and d. and 3. a., b., c., and d., 165.84 (7) (a), (ab), (am) (intro.), 1., 2., 3., and 4., (b), (bm) 1. and 2., and (c) 1., 938.21 (1m), 938.30 (2m), and 970.02 (8) of the statutes first applies to individuals arrested or taken into custody on the effective date of this subsection.
214,28w
Section 28w.
Effective dates. This act takes effect on the day after publication, except as follows:
(1v) DNA collection. The treatment of sections 165.76 (1) (gm) and (4) (c), 165.77 (3) and (4) (ag) and (am) 2. a., b., c., and d. and 3. a., b., c., and d., 165.84 (7) (a), (ab), (am) (intro.), 1., 2., 3., and 4., (b), (bm) 1. and 2., and (c) 1., 938.21 (1m), 938.30 (2m), and 970.02 (8) of the statutes and Section 28v (1v) of this act take effect on April 1, 2015, or on the day after publication, whichever is later.
