AB68: Bill Text

AB68,1263,21 (3) Study and make recommendations regarding the state's bifurcated sentencing structure.

AB68,1263,23 (4) Review and make recommendations regarding sentences for violations committed by individuals age 18 to 25.

AB68,2305 Section 2305 . 165.63 (3) of the statutes is amended to read:

AB68,1264,4 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

AB68,2306 Section 2306 . 165.63 (4) (d) of the statutes is amended to read:

AB68,1264,8 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

AB68,2307 Section 2307. 165.77 (7) of the statutes is repealed.

AB68,2308 Section 2308 . 165.775 of the statutes is created to read:

AB68,1264,11 165.775 Sexual assault kits. (1) In this section:

AB68,1264,12 (a) “Department” means the department of justice.

AB68,1264,13 (b) “Health care professional" has the meaning given in s. 154.01 (3).

AB68,1264,14 (c) “Sex offense” has the meaning given in s. 949.20 (7).

AB68,1264,16 (d) “Sexual assault forensic examination” means an examination performed by a health care professional to gather evidence regarding a sex offense.

AB68,1264,18 (e) “Sexual assault kit” means the evidence collected from a sexual assault forensic examination.

AB68,1264,20 (f) “Wisconsin law enforcement agency" has the meaning given in s. 165.77 (1) (c).

AB68,1264,23 (2) Whenever a health care professional conducts a sexual assault forensic examination and collects a sexual assault kit, the health care professional shall do one of the following:

AB68,1265,3 (a) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency, or if reporting is required under s. 48.981 (2), notify a Wisconsin law enforcement agency within 24 hours after collecting the sexual assault kit.

AB68,1265,8 (b) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency, and reporting is not required under s. 48.981 (2), send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (6) within 72 hours after collecting the sexual assault kit.

AB68,1265,10 (3) If a Wisconsin law enforcement agency receives notification under sub. (2) (a), it shall do all of the following:

AB68,1265,12 (a) Take possession of the sexual assault kit from the health care professional within 72 hours after receiving the notification.

AB68,1265,16 (b) Except as provided in par. (c), send the sexual assault kit to the state crime laboratories for processing in accordance with the procedures specified in the rules promulgated under sub. (6) within 14 days after taking possession of the sexual assault kit.

AB68,1265,23 (c) If the Wisconsin law enforcement agency, after taking possession of the sexual assault kit under par. (a) but before sending the sexual assault kit under par. (b), receives notification from the victim that the victim does not want to proceed with the analysis of his or her sexual assault kit, send the sexual assault kit to the state crime laboratories for storage in accordance with the procedures specified in the rules promulgated under sub. (6) within 14 days after taking possession of the sexual assault kit.

AB68,1265,25 (4) If the state crime laboratories takes possession of a sexual assault kit, it shall do all of the following:

AB68,1266,5 (a) If the victim chooses not to report the sexual assault to a Wisconsin law enforcement agency and thus has not consented to the analysis of his or her sexual assault kit, securely store the sexual assault kit for a period of 10 years, during which time the sexual assault victim may choose to report the assault to a Wisconsin law enforcement agency.

AB68,1266,9 (b) If the victim chooses to report the sexual assault to a Wisconsin law enforcement agency and thus has consented to the analysis of his or her sexual assault kit, process the kit in accordance with the procedures specified in the rules promulgated under sub. (6).

AB68,1266,15 (5) If a law enforcement agency takes possession of a sexual assault kit after it has been processed by the state crime laboratories, notwithstanding s. 968.205, it shall securely store the sexual assault kit for a period of 50 years, or until the date of the expiration of the statute of limitations, or until the end of the term of imprisonment or probation of a person who was convicted in the sexual assault case, whichever is longer.

AB68,1266,16 (6) The department shall promulgate rules to administer this section.

AB68,2309 Section 2309 . 165.83 (1) (c) 1. of the statutes is amended to read:

AB68,1266,19 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

AB68,2310 Section 2310 . 165.83 (1) (c) 2. of the statutes is amended to read:

AB68,1266,23 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

AB68,2311 Section 2311 . 165.842 of the statutes is created to read:

AB68,1267,2 165.842 Motor vehicle stops; collection and analysis of information; annual report. (1) Definitions. In this section:

AB68,1267,3 (a) “Department" means the department of justice.

AB68,1267,4 (b) “Law enforcement agency" has the meaning given in s. 165.85 (2) (bv).

AB68,1267,5 (c) “Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB68,1267,10 (d) “Motor vehicle stop" means the stop or detention of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town, or county ordinance.

AB68,1267,15 (2) Information collection required. All persons in charge of law enforcement and tribal law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2022, by a law enforcement officer employed by the law enforcement agency:

AB68,1267,17 (a) The name, address, gender, and race of the operator of the motor vehicle. The officer shall subjectively select the operator's race from the following list:

AB68,1267,18 1. Caucasian.

AB68,1267,19 2. Black or African American.

AB68,1267,20 3. Hispanic.

AB68,1267,21 4. American Indian or Alaska Native.

AB68,1267,22 5. Asian or Pacific Islander.

AB68,1267,23 (b) The reason the officer stopped or detained the motor vehicle.

AB68,1267,24 (c) The make and year of the motor vehicle.

AB68,1267,25 (d) The date, time, and location of the motor vehicle stop.

AB68,1268,3 (e) Whether or not a law enforcement officer conducted a search of the motor vehicle, the operator, or any passenger and, if so, whether the search was with consent or by other means.

AB68,1268,5 (f) The name, address, gender, and race of any person searched, with the officer subjectively selecting the person's race from the list under par. (a).

AB68,1268,6 (g) The name and badge number of the officer making the motor vehicle stop.

AB68,1268,11 (3) Submission of information collected. All persons in charge of law enforcement agencies shall forward the information obtained under sub. (2) to the department using the format prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

AB68,1268,15 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine, both for the state as a whole and for each law enforcement agency, all of the following:

AB68,1268,23 1. Whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority compared to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority is disproportionate based on an estimate of the population and characteristics of all persons traveling on state highways, on an estimate of the populations and characteristics of persons traveling on state highways who are violating a law or ordinance, or on some other relevant population estimate.

AB68,1269,3 2. A determination as to whether any disproportion found under subd. 1. is the result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement.

AB68,1269,10 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle stops made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2023, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.

AB68,1269,17 (5) Rules. The department shall promulgate rules to implement the requirements of this section. The department shall furnish all reporting officials with forms or instructions or both that specify the format in which to submit the information required under sub. (2) and the time for forwarding the information to the department. The department may, by rule, require the collection of information in addition to that specified in sub. (2) (a) to (g) if the department determines that the information will help to make the determinations required under sub. (4) (a).

AB68,1269,19 (6) Access to records. Information collected under sub. (2) is not subject to inspection or copying under s. 19.35 (1).

AB68,2312 Section 2312. 165.845 (title) of the statutes is amended to read:

AB68,1269,22 165.845 (title) Collect Collection and reporting of crime and criminal justice data.

AB68,2313 Section 2313 . 165.845 (1) (intro.) and (c) of the statutes are renumbered 165.845 (1r) (intro.) and (c).

AB68,2314 Section 2314. 165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.) and amended to read:

AB68,1270,8 165.845 (1r) (a) (intro.) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The department of justice may determine any other information to be obtained regarding crime, evidence, and justice system data or statistics. The information shall include data all of the following:

AB68,1270,11 1. Data requested by federal agencies under the U.S. department of justice, including the federal bureau of investigation under its system of uniform crime reports for the United States.

AB68,2315 Section 2315. 165.845 (1) (b) of the statutes is renumbered 165.845 (1r) (b) and amended to read:

AB68,1270,17 165.845 (1r) (b) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under par. (a), the time it is to be forwarded, the process for submitting the information, the method of classifying and any other matters that facilitate collection and compilation.

AB68,2316 Section 2316 . 165.845 (1g) of the statutes is created to read:

AB68,1270,20 165.845 (1g) In this section, “serious bodily harm” has the meaning given in s. 969.001 (2).

AB68,2317 Section 2317. 165.845 (1r) (a) 2. of the statutes is created to read:

AB68,1270,23 165.845 (1r) (a) 2. Data concerning sexual assault kits, as defined in s. 165.775 (1) (e), collected in this state.

AB68,2318 Section 2318 . 165.845 (1r) (a) 3. of the statutes is created to read:

AB68,1271,9 165.845 (1r) (a) 3. For any incident involving the shooting of a civilian by a law enforcement officer or the shooting of a law enforcement officer by a civilian; any incident involving the discharge of a firearm by a law enforcement officer at or in the direction of a civilian or the discharge of a firearm by a civilian at or in the direction of a law enforcement officer; and any incident in which an action taken by a law enforcement officer as a response to an act of resistance results in serious bodily 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 information:

AB68,1271,11 a. The gender, race, ethnicity, and age of each person who was shot at, injured, or killed.

AB68,1271,12 b. The date, time, and location of the incident.

AB68,1271,14 c. Whether any civilian involved in the incident was armed and, if he or she was armed, the type of weapon that the civilian possessed.

AB68,1271,17 d. The type of resistance used against the law enforcement officer by the civilian, the type of action taken in response by the officer, and if applicable, the types of weapons used.

AB68,1271,18 e. The number of law enforcement officers involved in the incident.

AB68,1271,19 f. The number of civilians involved in the incident.

AB68,1271,21 g. A brief description regarding the circumstances surrounding the incident, including perceptions on behavior or mental disorders.

AB68,2319 Section 2319. 165.845 (1r) (d) of the statutes is created to read:

AB68,1271,23 165.845 (1r) (d) Publish the following reports:

AB68,1272,3 1. At least annually, a report containing data on law enforcement agency compliance with the sexual assault kit data collection requirement under par. (a) 2. The reports may be published electronically on the department's Internet site.

AB68,1272,7 2. Annually, a report using the information collected on incidents under par. (a) 3. The reports may be published electronically on the department's Internet site in an interactive format and shall include, at a minimum, all information that is reported to the department by local law enforcement agencies under par. (a) 3.

AB68,2320 Section 2320 . 165.845 (2) of the statutes is amended to read:

AB68,1272,15 165.845 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information described in sub. (1) (1r) (a) on the basis of the forms or instructions or both to be supplied by the department under sub. (1) (a) (1r) (b). The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.

AB68,2321 Section 2321 . 165.85 (2) (ap) of the statutes is created to read:

AB68,1272,25 165.85 (2) (ap) “Employment file” means all files relating to a person's employment, including performance reviews, files related to job performance, internal affairs investigative files, administrative files, previous personnel applications, personnel-related claims, disciplinary actions, and all substantiated complaints and commendations, but does not include pay or benefit information, similar administrative data or information that does not relate to performance or conduct, or medical files unless the medical file relates to mental competency issues bearing on the person's suitability for a law enforcement, tribal law enforcement, jail, or juvenile detention officer position.

AB68,2322 Section 2322. 165.85 (2) (be) of the statutes is created to read:

AB68,1273,3 165.85 (2) (be) “Government agency” means any department, agency, or court of this state, or of a city, village, town, or county in this state.