2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives James, Murphy, Moses,
Armstrong and Spiros, cosponsored by Senators Wanggaard, L. Taylor,
Darling, Cowles, Feyen and Roth. Referred to Committee on Criminal
Justice and Public Safety.
1An Act to renumber
175.47 (1) (a);
175.47 (title) and (1) (c); and to
15.55, 20.508, 20.923 (4) (e) 1c., 20.923 (6) (be), 175.469, 175.47 (1) (ac), 3
(ag), (d) and (e), 175.47 (3m), 175.47 (5) (am) and 230.08 (2) (eg) of the statutes; 4relating to: the creation of an independent use of force review advisory board.
Analysis by the Legislative Reference Bureau
This bill creates an independent use of force review advisory board. Under the
bill, the board conducts independent investigations of deaths and serious injuries to
law enforcement officers and deaths and serious injuries to others resulting from an
action or omission of a law enforcement officer. The board must recommend
measures to reduce the probabilities of deaths and serious injuries from similar
causes and must also review its previous recommendations to determine if they were
implemented and evaluate their effectiveness.
Under the bill, if the board conducts an investigation of an incident involving
an officer that resulted in death or a serious injury, its investigation may begin only
after any mandatory or criminal investigation concludes. The bill grants the board
access to all complete criminal and administrative investigation case files, models
or renderings used in an investigation, and evidence and also to the state crime
laboratories. The board must acquire experts and use advisors as needed to perform
its duties; the experts and advisors include a certified firearms instructor, a
defensive and arrest tactics instructor, an expert in cultural competency, a master
instructor in professional communications, a master instructor in tactical response,
a victim advocate, and a mental health professional.
When the board completes an investigation, it must prepare an advisory report
to be made public and be submitted to the legislature, all law enforcement agencies,
and the Law Enforcement Standards Board. The report must identify events or
developments that led to the officer-involved death or serious injury and make
recommendations to prevent similar incidents in the future. The report must
provide demographic information about each incident, share best practices used by
law enforcement officers, and recommend practices that the board learns when
exercising its review.
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:
15.55 of the statutes is created to read:
215.55 Independent use of force review advisory board.
There is created 3
an independent use of force review advisory board. The members shall serve 4
renewable 3-year terms and shall consist of all of the following:
The director of the training and standards bureau, or his or her designee.
One member, appointed by the Wisconsin Chiefs of Police Association.
One member, appointed by the Badger State Sheriffs' Association.
One member, appointed by the Wisconsin Professional Police Association.
One member, appointed by the Wisconsin Sheriffs and Deputy Sheriffs 10
One member, appointed by the Wisconsin Troopers Association.
One member, appointed by the Milwaukee Police Association.
One member, appointed by the Wisconsin District Attorneys Association.
One member, appointed by the Wisconsin police executive group.
One member, appointed by the Wisconsin training academy directors.
An attorney specializing in criminal defense, appointed by the State Bar 17
A mental health professional, appointed by the National Alliance on 2
Mental Illness, Wisconsin.
One member, jointly appointed by the dean of the University of Wisconsin 4
Law School and the dean of the Marquette University Law School.
20.508 of the statutes is created to read:
820.508 Independent use of force review advisory board.
There is 9
appropriated to the independent use of force review advisory board for the following 10
11(1) Operations and investigations.
(a) General program operations.
amounts in the schedule for general program operations of the independent use of 13
force review advisory board.
20.923 (4) (e) 1c. of the statutes is created to read:
(e) 1c. Independent use of force review advisory board: executive 16
20.923 (6) (be) of the statutes is created to read:
(be) Independent use of force review advisory board: all staff 19
175.469 of the statutes is created to read:
2175.469 Independent use of force review advisory board. (1) 3Definitions.
In this section:
(a) “Board” means the independent use of force review advisory board.
(b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
The purpose of the board is to research and review the causes and 7
contributing factors of use-of-force incidents, as provided under this section, by law 8
enforcement officers in the course of their duties. This includes the review of state 9
statutes and police policy manuals, training standards, and hiring practices to make 10
recommendations to improve police tactics, increase the safety of law enforcement 11
officers and all who come into contact with a law enforcement officer, and reduce 12
probabilities of future death and great bodily harm from similar causes and 13
The board shall do all of the following in performance of its purpose 15
under sub. (2) and duties under s. 175.47:
(a) Determine through an independent investigation and analysis the full 17
range of causes and contributing factors, including the relationship between law 18
enforcement and community demographics, in the deaths of and serious injuries to 19
law enforcement officers, and deaths and serious injuries by law enforcement 20
officers, in the course of their official duties, and recommend measures to reduce the 21
probabilities of deaths and serious injuries from similar causes and involving similar 22
(b) Appoint an executive director, outside the classified service, who shall 24
appoint all staff necessary for performing the duties and exercising the powers of the 25
(c) Develop written policies regarding the conduct of investigations and 2
analyses under s. 175.47 (3m).
(d) Communicate with the department of justice and other criminal justice 4
agencies as needed.
(e) Prepare and manage an annual budget.
(f) Identify and manage actual and perceived conflicts of interest.
(g) Apply for funding, as appropriate.
(h) Acquire experts and use advisors as needed to perform its duties and other 9
tasks as needed. The experts and advisors include, but are not limited to, a certified 10
firearms instructor, a defensive and arrest tactics instructor, an expert in cultural 11
competency, a master instructor in professional communications, a master 12
instructor in tactical response, a victim advocate, and a mental health professional.