2015 - 2016 LEGISLATURE
February 2, 2016 - Introduced by Representatives Craig, Jarchow, Hutton,
Knudson and Sanfelippo, cosponsored by Senators Wanggaard and Kapenga.
Referred to Committee on State Affairs and Government Operations.
1An Act to amend
13.36; and to create
13.59, 175.45 and 968.26 (4) (am) of the 2
statutes; relating to: creating a legislative committee on the oversight of law
3enforcement and investigation.
Analysis by the Legislative Reference Bureau
This bill creates a legislative committee on the oversight of law enforcement
and investigation to study issues related to law enforcement technology and
investigation of crimes and to report its findings and recommendations to the
legislature. The bill lays out the duties and authority of the committee as follows:
1. The committee may review, for appropriate execution of legislative intent
and proper conduct, an acquisition by a law enforcement agency of technology
services or electronic devices that may be used to surveil a person. If the acquisition
is of such services or devices that are not currently used by a Wisconsin law
enforcement agency, the law enforcement agency must notify the committee of the
proposed acquisition before executing it.
2. The committee may review a proposed transfer of military weapons,
surveillance equipment, or armaments from a federal military unit to a Wisconsin
law enforcement agency. A law enforcement agency that is to receive such weapons,
equipment, or armaments must notify the committee of the proposed transfer before
the transfer takes place.
This bill also provides the committee with subpoena power and access to
investigatory records from secret John Doe proceedings at the close of such
proceedings if such access is necessary or convenient to carry out the duties and
powers of the committee.
For further information see the state 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:
13.36 of the statutes is amended to read:
213.36 Witness fees.
The compensation of all witnesses who are subpoenaed 3
and appear pursuant to s. 13.31 or 13.59 (3)
shall be $2 for each day's attendance and 4
10 cents per mile, one way, for travel to attend as such witness. The department of 5
administration shall audit the accounts of such witnesses upon the certificate of the 6
chairperson of the committee before which any such witness has attended, stating 7
the number of days' attendance and the distance the witness has traveled, and the 8
accounts so audited shall be paid out of the state treasury and charged to the 9
appropriation for the legislature.
13.59 of the statutes is created to read:
1113.59 Committee on the oversight of law enforcement and
12investigation. (1) Creation.
(a) There is created a joint standing committee on 13
the oversight of law enforcement and investigation that shall comprise the following:
1. Two legislators, appointed by the speaker of the assembly.
2. One legislator, appointed by the assembly minority leader.
3. Two legislators, appointed by the senate majority leader.
4. One legislator, appointed by the senate minority leader.
(b) The committee shall select from among its members a chairperson, a vice 19
chairperson, and a secretary.
20(2) Powers and duties.
(a) The committee shall do all of the following:
1. Study issues related to law enforcement technology and investigation of 2
2. Report, from time to time, its findings and its legislative and other 4
recommendations to the legislature.
3. Report, from time to time, or as the committee finds appropriate, a summary 6
of a review conducted under par. (b) 2., 3., or 4.
(b) The committee may do all of the following:
1. Develop specific recommendations and legislative proposals relating to the 9
issues studied under par. (a) 1.
2. Review, for appropriate execution of legislative intent and proper conduct, 11
any acquisition, including by purchase, contract, or agreement, by a law enforcement 12
agency in this state if the acquisition is of technology services or electronic devices 13
that may be used to monitor, track, detect, intercept, or electronically surveil a 14
person and that are currently used in Wisconsin by a law enforcement agency and 15
may review any use of such technology services and electronic devices by a law 16
3. Review, for appropriate execution of legislative intent and proper conduct, 18
any proposed acquisition, including by purchase, contract, or agreement, by a law 19
enforcement agency in this state if the proposed acquisition is of technology services 20
or electronic devices that may be used to monitor, track, detect, intercept, or 21
electronically surveil a person and that are not currently used in Wisconsin by a law 22
enforcement agency. A law enforcement agency that will be party to such a proposed 23
acquisition shall notify the committee of the proposed acquisition before executing 24
4. Review for appropriateness any proposed transfer of military weapons, 2
surveillance equipment, or armaments directly or indirectly from a federal military 3
unit to a law enforcement agency in this state. A law enforcement agency that is to 4
receive such weapons, equipment, or armaments shall notify the committee of the 5
proposed transfer before the transfer takes place.
(c) The committee shall have access to investigatory records under s. 19.36 (2) 7
and, as provided in s. 968.26 (4) (am), s. 968.26 to the extent that such records are 8
necessary or convenient to carry out the committee's powers and duties.
9(3) Subpoena power.
(a) The committee, by subpoena signed by the 10
chairperson, may summon and compel, as necessary or convenient for the committee 11
in carrying out its functions under this section, any of the following:
1. The attendance and testimony as a witness of a public official, government 13
employee, or private person working as an investigator on behalf of a public entity.
2. The production of evidence or material, regardless of physical form or 15
characteristics, on which is written, drawn, printed, spoken, visual, or 16
electromagnetic information or on which are recorded or preserved electronically 17
generated or stored data, that is being kept by an authority, as defined in s. 19.32 (1), 18
a public official, a government employee, or a private person working as an 19
investigator on behalf of a public entity.
(b) A subpoena issued under this subsection that compels the attendance and 21
testimony of a witness shall state when, where, and before whom the witness is 22
required to appear.
(c) A subpoena issued under this subsection does not require the signature of 24
the presiding officer or a chief clerk. A subpoena issued under this subsection may 25
be served by any person and shall be returned to the committee chairperson.
Subpoenas shall be served and returned as subpoenas from the circuit court are 2
served and returned.
(d) 1. Summary process to compel the attendance of a person shall be issued 4
upon the return of a subpoena issued under this subsection if the committee 5
chairperson certifies that any person named in the subpoena failed or neglected to 6
appear before the committee as provided in the subpoena.
2. The committee chairperson shall sign the summary process under subd. 1. 8
and shall direct the process to the sergeant at arms of the house of the committee 9
chairperson and command the sergeant at arms "in the name of the state of 10
Wisconsin" to arrest and bring the person before the committee. When the arrested 11
person is brought before the committee, the person shall testify.
3. When the person arrested under subd. 2. is not testifying before the 13
committee, the person shall remain in the custody of the sergeant at arms until the 14
committee chairperson certifies that the committee does not wish to examine the 15
person further. The legislature may proceed to punish the witness for any contempt 16
in not complying with a requirement of this section.
4. The committee chairperson, when ordering any summary process, may also 18
direct the sergeant at arms to depute a competent person to execute actions under 19
this subsection as provided in s. 13.33.
5. The committee chairperson shall certify every refusal to comply with a 21
subpoena issued under this subsection and transmit the certification to his or her 22
house. The sergeant at arms shall take the person before the house to be dealt with 23
according to law.
(e) A subpoena issued under this subsection may not summon or compel 2
production or disclosure of personal identifying information of uncharged persons or 3
organizations or of trade secrets.
The committee shall hold each meeting that is for the purpose 5
of conducting a review under sub. (2) (b) 2., 3., or 4., or for the purpose of deliberating 6
matters concerning records accessed under sub. (2) (c), as provided under s. 19.85 (1) 7
except that the committee is not required to record in any minutes the motion or the 8
vote to convene in closed session. The committee may not conduct any business in 9
a closed session except as provided under this subsection.
175.45 of the statutes is created to read:
11175.45 Contracts or agreements entered into by law enforcement
If a law enforcement agency enters into a contract or agreement for a 13
purchase that is subject to review under s. 13.59 (2) (b) 2. or 3., the contract or 14
agreement shall contain a provision that allows the committee on the oversight of 15
law enforcement and investigation to review the contract or agreement and the use 16
of technology services or devices. A law enforcement agency shall provide a contract 17
or agreement to the committee on the oversight of law enforcement and investigation 18
as required under s. 13.59 (2) (b) 2. and shall provide a proposed contract or 19
agreement to the committee on the oversight of law enforcement and investigation 20
as required under s. 13.59 (2) (b) 3.
968.26 (4) (am) of the statutes is created to read:
(am) If a judge enters a secrecy order under par. (a), at the conclusion 23
of the proceeding, the clerk of circuit court shall notify the committee on the oversight 24
of law enforcement and investigation of the proceeding and the record and the 25
testimony taken shall then be open to that committee, except that all personal
identifying information of uncharged persons or organizations and trade secrets 2
shall be redacted.