2021 - 2022 LEGISLATURE
May 18, 2021 - Introduced by Representatives Steineke, Stubbs,
Baldeh, Cabral-Guevara, Cabrera, Edming, Goyke, Gundrum, Kitchens,
Krug, Kurtz, Loudenbeck, Macco, Milroy, Moses, Mursau, Novak, Petryk,
Schraa, Spiros, Steffen, Wittke and Zimmerman, cosponsored by Senators
Wanggaard, L. Taylor, Ballweg and Cowles. Referred to Committee on
Criminal Justice and Public Safety.
1An Act to renumber and amend
66.0511 (1); to amend
66.0511 (title); and to
66.0511 (1) (b) and 66.0511 (4) of the statutes; relating to: drug testing
3of law enforcement officers involved in certain critical incidents while on duty.
Analysis by the Legislative Reference Bureau
This bill requires law enforcement agencies to adopt a written policy regarding
drug and alcohol testing following an officer-involved critical incident. An
“officer-involved critical incident" is an incident that occurs in the performance of
a law enforcement officer's official duties and in which either 1) the actions of the
officer result in death or great bodily harm to a person or 2) the officer discharges a
firearm at a person. The written policy must require that a law enforcement officer
who is involved in an officer-involved critical incident submit to drug and alcohol
testing following the incident and that the testing be completed as soon as
practicable. The bill also requires that the drugs to be tested for include, at least,
alcohol, amphetamines, cannabis or cannabinoids, opiates, cocaine, phencyclidine
(PCP), and anabolic steroids.
For further information see the 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:
66.0511 (title) of the statutes is amended to read:
(title) Law enforcement
agency policies on use of force and
3citizen complaint procedures agencies.
66.0511 (1) of the statutes is renumbered 66.0511 (1) (intro.) and 5
amended to read:
66.0511 (1) Definition
(intro.) In this section, “
enforcement agency" has the meaning given under s. 165.83 (1) (b).
66.0511 (1) (b) of the statutes is created to read:
(b) “Officer-involved critical incident" means an incident that 10
occurs in the performance of a law enforcement officer's official duties and in which 11
any of the following occurs:
1. The actions of the law enforcement officer result in death or great bodily 13
harm, as defined in s. 939.22 (14), to a person.
2. The law enforcement officer discharges a firearm at a person.
66.0511 (4) of the statutes is created to read:
66.0511 (4) Drug and alcohol testing.
Each person in charge of a law 17
enforcement agency shall adopt a written policy regarding drug and alcohol testing 18
following an officer-involved critical incident. The written policy under this 19
subsection shall require all of the following:
(a) That each law enforcement officer who is involved in an officer-involved 21
critical incident submit to drug and alcohol testing following the incident.
(b) That the drug and alcohol testing under par. (a) be completed as soon as 23
practicable after the officer-involved critical incident.
(c) That the drug and alcohol testing under par. (a) include testing for the 25
presence and concentration of at least all of the following substances:
3. Cannabis or cannabinoids.
7. Anabolic steroids.