2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives Spiros, Armstrong,
Brandtjen, Brooks, Cabrera, Moses, Rozar, Thiesfeldt and Wichgers,
cosponsored by Senators Wanggaard, L. Taylor, Darling, Cowles, Feyen,
Jacque and Roys. Referred to Committee on Government Accountability and
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
(1g), 165.845 (1r) (a) 2. and 165.845 (1r) (d) of the statutes; relating to:
4reporting of law enforcement use of force incidents.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Justice to collect certain information
concerning criminal offenses committed in Wisconsin. This bill requires DOJ to
collect data and 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
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:
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 3
165.845 (1r) (intro.), (b) and (c).
165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.) 5
and amended to read:
(a) (intro.) Collect information concerning the number and nature 7
of offenses known to have been committed in this state and such other information 8
as may be useful in the study of crime and the administration of justice. The 9
department of justice may determine any other information to be obtained regarding 10
crime and justice system statistics. The information shall include
data all of the
requested by the federal bureau of investigation under its system of 13uniform crime reports incident-based reporting
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 16
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 19
enforcement officer or the shooting of a law enforcement officer by a civilian; any 20
incident involving the discharge of a firearm by a law enforcement officer at or in the 21
direction of a civilian or the discharge of a firearm by a civilian at or in the direction 22
of a law enforcement officer; and any incident in which an action taken by a law 23
enforcement officer as a response to an act of resistance results in serious bodily 24
harm or death or in which an act of resistance taken by a civilian against a law
enforcement officer results in serious bodily harm or death, all of the following 2
a. The gender, race, ethnicity, and age of each person who was shot at, injured, 4
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 7
armed, the type of weapon that the civilian had.
d. The type of resistance used against the law enforcement officer by the 9
civilian, the type of action taken in response by the officer, and if applicable, the types 10
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, 14
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 17
under par. (a) 2. The reports may be published electronically on the department's 18
Internet site in an interactive format and shall include, at a minimum, all 19
information that is reported to the department by local law enforcement agencies 20
under par. (a) 2.
165.845 (2) of the statutes is amended to read:
All persons in charge of law enforcement agencies and other 23
criminal and juvenile justice system agencies shall supply the department of justice 24
with the information described in sub. (1)
(a) on the basis of the forms or 25
instructions or both to be supplied by the department under sub.
department may conduct an audit to determine the accuracy of the data and other 2
information it receives from law enforcement agencies and other criminal and 3
juvenile justice system agencies.