2019 - 2020 LEGISLATURE
March 20, 2020 - Introduced by Representatives C. Taylor, Bowen, Goyke,
Neubauer, Anderson, Brostoff, Fields and Considine, cosponsored by
Senators Johnson, L. Taylor, Risser and Larson. Referred to Committee on
Criminal Justice and Public Safety.
1An Act to renumber
165.845 (1) (intro.), (b) and (c); to renumber and amend
165.845 (1) (a); to amend
165.845 (title) and 165.845 (2); and to create
(2) (fj), 165.845 (1g), 165.845 (1r) (a) 2., 165.845 (1r) (d) and 165.845 (1r) (e) of 4
the statutes; relating to: reporting of law enforcement use of force incidents
5and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires that the Department of Justice publish an annual report on
law enforcement use of force incidents, including incidents where there was a
shooting, where a firearm was discharged in the direction of a person (even if there
was no injury), and where other serious bodily harm resulted from the incident. The
bill requires certain demographic information to be collected about each such
incident, and reported annually by DOJ on its website. The bill also makes an initial
appropriation to DOJ of $100,000 to cover data collection costs, and an additional
$100,000 annually that DOJ must use to reimburse local law enforcement agencies
for data collection and reporting costs.
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:
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 2
the following amounts for the purposes indicated:
- See PDF for table
20.455 (2) (fj) of the statutes is created to read:
(fj) Data collection and reporting.
The amounts in the schedule for 5
data collection and reporting costs under s. 165.845 (1r) and to reimburse local law 6
enforcement agencies for data collection and reporting costs in accordance with s. 7
165.845 (1r) (e).
165.845 (title) of the statutes is amended to read:
(title) Collect Collection and reporting of crime data.
165.845 (1) (intro.), (b) and (c) of the statutes are renumbered 11
165.845 (1r) (intro.), (b) and (c).
165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.) 13
and amended to read:
(a) (intro.) Collect information concerning the number and nature 15
of offenses known to have been committed in this state and such other information 16
as may be useful in the study of crime and the administration of justice. The 17
department of justice may determine any other information to be obtained regarding 18
crime and justice system statistics. The information shall include
data all of the
requested by the federal bureau of investigation under its system of 2
uniform crime reports for the United States.
165.845 (1g) of the statutes is created to read:
In this section, “serious bodily harm” has the meaning given in 5
s. 969.001 (2).
165.845 (1r) (a) 2. of the statutes is created to read:
(a) 2. For any incident involving the shooting of a civilian by a law 8
enforcement officer or the shooting of a law enforcement officer by a civilian; any 9
incident involving the discharge of a firearm by a law enforcement officer at or in the 10
direction of a civilian or the discharge of a firearm by a civilian at or in the direction 11
of a law enforcement officer; and any incident in which an action taken by a law 12
enforcement officer as a response to an act of resistance results in serious bodily 13
harm or death or in which an act of resistance taken by a civilian against a law 14
enforcement officer results in serious bodily harm or death, all of the following 15
a. The gender, race, ethnicity, and age of each person who was shot at, injured, 17
b. The date, time, and location of the incident.
c. Whether any civilian involved in the incident was armed and, if he or she was 20
armed, the type of weapon that the civilian had.
d. The type of resistance used against the law enforcement officer by the 22
civilian, the type of action taken in response by the officer, and if applicable, the types 23
of weapons used.
e. The number of law enforcement officers involved in the incident.
f. The number of civilians involved in the incident.
g. A brief description regarding the circumstances surrounding the incident, 2
including perceptions on behavior or mental disorders.
165.845 (1r) (d) of the statutes is created to read:
(d) Publish an annual report using the information collected 5
under par. (a) 2. The reports may be published electronically on the department's 6
Internet site in an interactive format and shall include, at a minimum, all 7
information that is reported to the department by local law enforcement agencies 8
under par. (a) 2.
165.845 (1r) (e) of the statutes is created to read:
(e) From the appropriation under s. 20.455 (2) (fj), reimburse local 11
law enforcement agencies that request reimbursement for costs associated with the 12
collection and reporting of the information specified in par. (a) 2. Reimbursements 13
issued under this paragraph may not exceed a total of $100,000 per year.
165.845 (2) of the statutes is amended to read:
All persons in charge of law enforcement agencies and other 16
criminal and juvenile justice system agencies shall supply the department of justice 17
with the information described in sub. (1)
(a) on the basis of the forms or 18
instructions or both to be supplied by the department under sub.
(a). The 19
department may conduct an audit to determine the accuracy of the data and other 20
information it receives from law enforcement agencies and other criminal and 21
juvenile justice system agencies.
This act takes effect on the day after publication, or on the 2nd day after the 24
publication of the 2019 biennial budget act, whichever is later.