AB270: Bill Text

CMH&MLJ:amn

2017 - 2018 LEGISLATURE

2017 Assembly BILL 270

April 24, 2017 - Introduced by Representatives Crowley, Bowen, Tusler, C. Taylor, Goyke, Sinicki, Zamarripa, Sargent, Berceau, Spreitzer and Vruwink, cosponsored by Senators C. Larson and Risser. Referred to Committee on Corrections.

AB270,1,4 An Act to renumber 175.47 (1) (a) and 175.47 (2); to renumber and amend 175.47 (3) (a), (b) and (c); to amend 175.47 (1) (c), 175.47 (4) and 175.47 (5); and to create 175.47 (1) (title), 175.47 (1) (ac), 175.47 (2) (title) and 175.47 (3m) of the statutes; relating to: officer-involved deaths.

Analysis by the Legislative Reference Bureau

Current law requires an investigation following a death that involves a law enforcement officer and outlines specific requirements of the investigation. Under this bill, a death involving a correctional officer gives rise to the same investigation requirements as a death involving a law enforcement officer.

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:

AB270,1 Section 1. 175.47 (1) (title) of the statutes is created to read:

AB270,1,6 175.47 (1) (title) Definitions.

AB270,2 Section 2. 175.47 (1) (a) of the statutes is renumbered 175.47 (1) (ar).

AB270,3 Section 3. 175.47 (1) (ac) of the statutes is created to read:

AB270,2,6 175.47 (1) (ac) “Correctional officer” means any person employed by the state or any political subdivision as a guard or officer whose principal duties are supervision and discipline of inmates at a penal institution, prison, jail, house of correction, or other place of penal detention; a jail officer, as defined in s. 165.85 (2) (bn); or a juvenile detention officer, as defined in s. 165.85 (2) (bt).

AB270,4 Section 4. 175.47 (1) (c) of the statutes is amended to read:

AB270,2,12 175.47 (1) (c) “Officer-involved death" means a death of an individual that results directly from an action or an omission of a law enforcement officer or correctional officer while the law enforcement officer is on duty or while the law enforcement officer is off duty but performing activities that are within the scope of his or her law enforcement duties.

AB270,5 Section 5. 175.47 (2) (title) of the statutes is created to read:

AB270,2,14 175.47 (2) (title) Death involving law enforcement officer.

AB270,6 Section 6. 175.47 (2) of the statutes is renumbered 175.47 (2) (a).

AB270,7 Section 7. 175.47 (3) (a), (b) and (c) of the statutes are renumbered 175.47 (2) (b), (c) and (d) and amended to read:

AB270,2,21 175.47 (2) (b) Each policy under sub. (2) par. (a) must require an investigation conducted by at least two 2 investigators, one of whom is the lead investigator and neither of whom is employed by a law enforcement agency that employs a law enforcement officer involved in the officer-involved death.

AB270,3,3 (c) If the officer-involved death being investigated is traffic-related, the policy under sub. (2) par. (a) must require the investigation to use a crash reconstruction unit from a law enforcement agency that does not employ a law enforcement officer involved in the officer-involved death being investigated, except that a policy for a state law enforcement agency may allow an investigation involving a law enforcement officer employed by that state law enforcement agency to use a crash reconstruction unit from the same state law enforcement agency.

AB270,3,6 (d) Each policy under sub. (2) par. (a) may allow an internal investigation into the officer-involved death if the internal investigation does not interfere with the investigation conducted under par. (a) (b).

AB270,8 Section 8. 175.47 (3m) of the statutes is created to read:

AB270,3,12 175.47 (3m) Death involving correctional officer. Any officer-involved death involving a correctional officer shall be investigated by at least 2 investigators, one of whom is the lead investigator and, if the correctional officer is employed by a political subdivision, neither of whom is employed by the political subdivision that employs a correctional officer involved in the officer-involved death.

AB270,9 Section 9. 175.47 (4) of the statutes is amended to read:

AB270,3,16 175.47 (4) Compensation. Compensation for participation in an investigation under sub. (3) (a) (2) (b) or (3m) may be determined in a manner consistent with mutual aid agreements.

AB270,10 Section 10. 175.47 (5) of the statutes is amended to read:

AB270,3,21 175.47 (5) Report to district attorney. (a) The investigators conducting the investigation under sub. (3) (a) (2) (b) or (3m) shall, in an expeditious manner, provide a complete report to the district attorney of the county in which the officer-involved death occurred.

AB270,4,2 (b) If the district attorney determines there is no basis to prosecute the law enforcement officer involved in the officer-involved death, the investigators conducting the investigation under sub. (3) (a) (2) (b) or (3m) shall release the report, except that the investigators shall, before releasing the report, delete any information that would not be subject to disclosure pursuant to a request under s. 19.35 (1) (a).

AB270,11 Section 11. Initial applicability.

AB270,4,5 (1) This act first applies to deaths that occurred 3 years before the effective date of this subsection if no correctional officer involved was prosecuted.

AB270,4,6 (End)