62.09 (15) (a) A constable who is given law enforcement duties by the common council, and who meets the definition of a law enforcement officer under s. 165.85 (2) (c), shall comply with the minimum employment standards for law enforcement officers established by the law enforcement standards board and shall complete training under s. 165.85 (4) (a) 1.
214,9
Section
9. 110.07 (1) (a) (intro.) of the statutes is amended to read:
110.07 (1) (a) (intro.) The secretary shall employ not more than 399 traffic officers. The state traffic patrol consists of the traffic officers, the person designated to head them whose position shall be in the classified service and, if certified under s. 165.85 (4) (b) (a) 1. as qualified to be a law enforcement officer, the division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol. The division administrator may not be counted under this paragraph. Members of the state traffic patrol shall:
214,10
Section
10. 110.07 (6) of the statutes is amended to read:
110.07 (6) The division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol shall be designated superintendent of the state traffic patrol, if he or she is certified under s. 165.85 (4) (b) (a) 1. as qualified to be a law enforcement officer.
165.76 (1) (gm) Is arrested for a felony violent crime, as defined in s. 165.84 (7) (ab), or is taken into custody for a juvenile offense that would be a felony violent crime, as defined in s. 165.84 (7) (ab), if committed by an adult in this state, and s. 165.84 (7) (am) 1., 2., 3., or 4. applies to the person.
165.76
(4) (c) Allow a biological specimen, or data obtained from analysis of a biological specimen, obtained under this section
or, under s. 51.20 (13) (cr),
165.84 (7), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063
, or, if the specimen is required to be analyzed under s. 165.84 (7) (am) 1m., under s. 165.84 (7) (ah), to be submitted for inclusion in an index established under
42 USC 14132 (a) or in another national index system.
165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 165.84 (7) (am), 938.21 (1m), 938.30 (2m), 938.34 (15), 970.02 (8), 971.17 (1m) (a), 973.047, or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. If the laboratories receive a human biological specimen under s. 165.84 (7) (ah), the laboratories shall analyze the deoxyribonucleic acid in the specimen as provided under s. 165.84 (7) (am) 1m. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings.
214,10re
Section 10re. 165.77 (4) (ag) of the statutes is created to read:
165.77 (4) (ag) In this subsection, "violent crime" has the meaning given in s. 165.84 (7) (ab).
165.77 (4) (am) 2. a. All charges filed in connection with the arrest and all charges for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8) have been dismissed.
165.77 (4) (am) 2. b. The trial court reached final disposition for all charges in connection with the arrest and for any charges for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8), and the person was not adjudged guilty of a violent crime in connection with the arrest or any such charge for which the person was required to provide a biological specimen under s. 970.02 (8).
165.77 (4) (am) 2. c. At least one year has passed since the arrest and the person has not been charged with a violent crime in connection with the arrest.
165.77 (4) (am) 2. d. The person was adjudged guilty of a violent crime in connection with either the arrest or any charge for which the person was required to provide a biological specimen under s. 165.84 (7) or 970.02 (8), and all such convictions for a violent crime have been reversed, set aside, or vacated.
165.77 (4) (am) 3. a. All criminal complaints or delinquency petitions that allege that the person committed a violation that would be a felony violent crime if committed by an adult in this state and that are in connection with the taking into custody have been dismissed.
165.77 (4) (am) 3. b. The trial court reached final disposition for all allegations that the person committed a violation that would be a felony violent crime if committed by an adult in this state that are in connection with the taking into custody, and the person was not convicted or adjudged delinquent for an offense a violation that would be a felony violent crime if committed by an adult in this state that is in connection with the taking into custody.
165.77 (4) (am) 3. c. At least one year has passed since the person was taken into custody and no criminal complaint or delinquency petition alleging that the person committed a violation that would be a felony
violent crime if committed by an adult in this state has been filed against the person in connection with the taking into custody.
165.77 (4) (am) 3. d. The person was convicted or adjudged delinquent for a violation that would be a felony violent crime if committed by an adult in this state and that is in connection with the taking into custody, and the conviction or delinquency adjudication has been reversed, set aside, or vacated.
214,10rs
Section 10rs. 165.84 (7) (a) and (b) of the statutes, as created by
2013 Wisconsin Act 20, are consolidated, renumbered 165.84 (7) (ah) and amended to read:
165.84 (7) (ah) Subject to rules promulgated by the department of justice under s. 165.76 (4), all persons in charge of law enforcement and tribal law enforcement agencies shall obtain, when the individual's fingerprints or other identifying data are obtained, a biological specimen for deoxyribonucleic acid analysis from each individual arrested for a felony violent crime and each individual taken into custody for a juvenile offense that would be a felony violent crime if committed by an adult in this state. (b) Biological samples required under par. (a) shall be obtained and, if par. (am) requires, submitted as The law enforcement agency shall submit the biological specimen to the crime laboratories in a manner specified in the rules promulgated by the department of justice under s. 165.76 (4).
214,10rt
Section 10rt. 165.84 (7) (ab) of the statutes is created to read:
165.84 (7) (ab) In this subsection, "violent crime" means any of the following:
1. A felony violation of s. 940.01, 940.05, 940.21, 940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45, 941.20, 941.21, 941.327, 943.02, 943.06, 943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 948.30 (2).
2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08, 940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20, 940.201 (2), 940.203 (2), 940.205 (2), 940.207 (2), 940.208, 940.23, 941.30, or 948.03 (3).
3. A felony if a penalty enhancer specified in s. 939.621 could be imposed.
4. The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32, to commit a violation under subd. 1.
165.84 (7) (am) (intro.) The person in charge of the law enforcement or tribal law enforcement agency shall submit the After receiving an individual's specimen to submitted under par. (ah), the crime laboratories
for shall do one of the following:
1m. If, within the time limit under subd. 2m., the court notifies the crime laboratories under par. (bm) that any of the following applies, analyze the deoxyribonucleic acid analysis in the specimen and inclusion of include the individual's deoxyribonucleic acid profile in the data bank under s. 165.77 (3) only if any of the following applies:
214,10rv
Section 10rv. 165.84 (7) (am) 1., 2., 3. and 4. of the statutes, as created by
2013 Wisconsin Act 20, are renumbered 165.84 (7) (am) 1m. a., b., c. and d., and 165.84 (7) (am) 1m. b., c. and d., as renumbered, are amended to read:
165.84 (7) (am) 1m. b. The court has made a finding that there is probable cause that the individual committed a felony violent crime or that the juvenile committed an offense that would be a felony violent crime if committed by an adult in this state.
c. The individual fails failed to appear at the initial appearance or preliminary examination or the person waives waived the preliminary examination.
d. The individual fails failed to appear for a delinquency proceeding under ch. 938.
214,10rx
Section 10rx. 165.84 (7) (bm) 1. of the statutes, as created by
2013 Wisconsin Act 20, is renumbered 165.84 (7) (bm) and amended to read:
165.84 (7) (bm) Unless par. (am) 1. applies to the individual, the The court shall notify the agency crime laboratories if par. (am) 2., 3., or 4. 1m. a., b., c., or d. applies to an individual the law enforcement or tribal law enforcement agency who has been arrested.
214,10ry
Section 10ry. 165.84 (7) (bm) 2. of the statutes, as created by
2013 Wisconsin Act 20, is renumbered 165.84 (7) (am) 2m. and amended to read:
165.84 (7) (am) 2m. Unless par. (am) 1. applies to the individual, if If, one year after the date the biological sample was obtained submitted under par. (a) (ah), the court has not notified the crime laboratories under
subd. 1. the law enforcement or tribal law enforcement agency par. (bm) that par. (am) 2., 3., or 4. subd. 1m. a., b., c., or d. applies to the individual, the law enforcement or tribal law enforcement agency shall destroy the biological sample.
165.84 (7) (c) 1. No biological specimen obtained under par. (a) (ah) may be subject to analysis except by the crime laboratories as provided under s. 165.77.
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Section
11. 165.85 (2) (bv) of the statutes is created to read:
165.85 (2) (bv) "Law enforcement agency" means a governmental unit of this state or a political subdivision of this state that employs one or more law enforcement officers.
214,12
Section
12. 165.85 (2) (bx) of the statutes is created to read:
165.85 (2) (bx) "Law enforcement instructor" means a person who is certified by the board to deliver board-approved program outcomes, course competencies, performance standards, and learning objectives in training programs and training schools for law enforcement officers, tribal law enforcement officers, jail officers, and juvenile detention officers.
214,13
Section
13. 165.85 (2) (cm) of the statutes is created to read:
165.85 (2) (cm) "Police pursuit" has the meaning given in s. 85.07 (8) (a).
214,14
Section
14. 165.85 (2) (d) of the statutes is amended to read:
165.85 (2) (d) "Political subdivision" means counties, cities, villages, towns, town sanitary districts and
, public inland lake protection and rehabilitation districts, and technical college districts.
214,15
Section
15. 165.85 (2) (e) of the statutes is created to read:
165.85 (2) (e) "Preservice student" means any person who meets the minimum recruitment qualifications set by the board and who enrolls in preparatory training under sub. (4) (a) 1. (b) 1., or (c) 1. prior to employment as a law enforcement officer, tribal law enforcement officer, jail officer, or juvenile detention officer.
214,16
Section
16. 165.85 (2) (f) of the statutes is created to read:
165.85 (2) (f) "Recruit" means a law enforcement officer, tribal law enforcement officer, jail officer, or juvenile detention officer employed on a probationary or temporary basis, in compliance with the minimum recruitment qualifications set by the board.
214,17
Section
17. 165.85 (3) (cm) of the statutes is amended to read:
165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or juvenile detention officers who terminate employment or are terminated, who violate or fail to comply with a rule, policy, or order of the board relating to curriculum or training, who falsify information to obtain or maintain certified status, who are certified as the result of an administrative error, who are convicted of a felony or of any offense that, if committed in Wisconsin, could be punished as a felony, who are convicted of a misdemeanor crime of domestic violence, or who fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse, or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings shall be done as provided under sub. (3m) (a).
214,18
Section
18. 165.85 (3) (d) of the statutes is renumbered 165.85 (3) (d) (intro.) and amended to read:
165.85 (3) (d) (intro.) Establish minimum curriculum requirements for preparatory courses and programs, and recommend minimum curriculum requirements for recertification and advanced courses and programs, in schools approved by the board and operated by or for this state or any political subdivision of the state for the specific purpose of training law enforcement recruits, law enforcement officers, tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits, jail officers, juvenile detention officer recruits, or juvenile detention officers in areas of knowledge and ability necessary to the attainment of effective performance as an officer, and ranging from subjects such as first aid, patrolling, statutory authority, techniques of arrest, protocols for official action by off-duty officers, firearms, domestic violence investigations, and recording custodial interrogations to subjects designed to provide a better understanding of ever-increasing complex problems in law enforcement such as human relations, civil rights, constitutional law, and supervision, control, and maintenance of a jail or juvenile detention facility. The board shall appoint a 13-member advisory curriculum advisory committee consisting to advise the board in the establishment of the curriculum requirements. The curriculum advisory committee shall consist of 6 chiefs of police and 6 sheriffs to be appointed on a geographic basis of not more than one chief of police and one sheriff from any one of the 8 state administrative districts together with, the director of training of the Wisconsin state patrol. This committee shall advise the board in the establishment of the curriculum requirements., and, if applicable, one or more representatives of colleges or universities as follows:
214,18m
Section 18m. 165.85 (3) (d) 1. to 3. of the statutes are created to read:
165.85 (3) (d) 1. If any technical college in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent technical colleges.
2. If any 2-year college in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent 2-year colleges.
3. If any 4-year college or university in the state provides a course or program described in this paragraph, the board shall appoint to the curriculum advisory committee one person to represent 4-year colleges and universities.
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Section
19. 165.85 (4) of the statutes is repealed and recreated to read:
165.85 (4) Required standards. (a)
Law enforcement and tribal law enforcement officers. 1. The board shall establish a preparatory program of law enforcement and tribal law enforcement officer training, which shall include not less than 600 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum, competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall be established by written policy of the board. In establishing the preparatory training program, the board shall give due consideration to recommendations made by the curriculum advisory committee. The board may amend the criteria and policies governing the preparatory training program as needed to respond to technological changes affecting law enforcement, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. Notwithstanding s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under ch. 227.
2. Except as provided in subd. 3. or 8., no person may be employed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed the preparatory training program established under subd. 1. and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer.
3. A recruit may exercise law enforcement powers during an original period of temporary or probationary employment that, except as provided in subd. 6. or as otherwise authorized by law, may not exceed 12 months from the recruit's first date of employment.
3h. A person may be certified by the board under subd. 2. only if the person has successfully completed the preparatory program established under subd. 1. within the person's original period of temporary or probationary employment established in subd. 3.
3m. Except as provided in sub. (3m) (a), and in addition to certification procedures under this paragraph, the board may certify any person as being a tribal law enforcement officer on the basis of the person's completion of the training requirements for law enforcement officer certification prior to May 6, 1994. The officer must also meet the agreement requirements under sub. (3) (c) prior to certification as a tribal law enforcement officer.
4. Preservice students taking part in the preparatory program of law enforcement or tribal law enforcement officer training established by the board under subd. 1. shall be fingerprinted on 2 fingerprint cards, each bearing a complete set of the student's fingerprints, or by other technologies approved by the department of justice. The fingerprints shall be submitted to the department of justice for verification of the identify of the person fingerprinted and to obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purpose of verifying the person fingerprinted and obtaining records of his or her criminal arrests and convictions on file with the federal bureau of investigation.
5. No person who has been convicted of any federal felony, any crime of domestic violence, or of any offense that, if committed in Wisconsin, could be punished as a felony may take part in the preparatory training program established under subd. 1. unless he or she has been granted an absolute and unconditional pardon for the crime.
6. Upon a showing of good cause by a recruit or a recruit's employer, the board may extend the recruit's original period of temporary or probationary employment for a period of time it deems appropriate.
7. a. Except as provided in subd. 8., no person may continue as a certified law enforcement or tribal law enforcement officer unless that person maintains law enforcement or tribal law enforcement employment and completes annual recertification training. Any officer who is subject to this subdivision shall complete at least 24 hours of recertification training each fiscal year beginning in the fiscal year following the fiscal year in which he or she is certified as a law enforcement or tribal law enforcement officer by the board.
b. Each officer who is subject to this subdivision shall biennially complete at least 4 hours of training from curricula based upon model standards promulgated by the board under par. (d). Hours of training completed under this subd. 7. b. shall count toward the hours of training required under subd. 7. a.
c. Each officer who is subject to this subdivision shall annually complete a handgun qualification course from curricula based upon model standards established by the board under par. (e). Hours of training completed under this subd. 7. c. shall count toward the hours of training required under subd. 7. a.
8. Sheriffs are not required to satisfy the requirements under subd. 2., 3., or 7. as a condition of tenure or continued employment.
(b) Jail officers. 1. The board shall establish a preparatory program of jail officer training, which shall include not less than 160 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall be established by written policy of the board. In establishing the preparatory training program, the board shall give due consideration to recommendations made by the curriculum advisory committee. The board may amend the criteria and policies governing the preparatory training program as needed to respond to technological changes affecting jail administration, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. The board may provide that any part of the training program under this subdivision and the training program under par. (c) 1. are identical and count toward either training requirement under this paragraph or par. (c). Notwithstanding s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under ch. 227.
2. Except as provided in subd. 7., no person may be employed as a jail officer, except on a temporary or probationary basis, unless the person has satisfactorily completed the preparatory training program established under subd. 1. and has been certified by the board as being qualified to be a jail officer.
3. A recruit may exercise jail officer powers only during an original period of temporary or probationary employment that, except as provided in subd. 5. or as otherwise authorized by law, may not exceed 12 months from the recruit's first date of employment.
4. A person may be certified by the board under subd. 2. only if the person has successfully completed the preparatory program established under subd. 1. within the person's original period of temporary or probationary employment established in subd. 3.
4g. Preservice students taking part in the preparatory program of jail officer training established by the board under subd. 1. shall be fingerprinted on 2 fingerprint cards, each bearing a complete set of the student's fingerprints, or by other technologies approved by the department of justice. The fingerprints shall be submitted to the department of justice for verification of the identity of the person fingerprinted and to obtain records of his or her criminal arrests and convictions in Wisconsin. The department of justice shall provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purpose of verifying the person fingerprinted and obtaining records of his or her criminal arrests and convictions on file with the federal bureau of investigation.
4r. No person who has been convicted of any federal felony or of any offense that, if committed in Wisconsin, could be punished as a felony may take part in the preparatory training program established under subd. 1. unless he or she has been granted an absolute and unconditional pardon for the crime.
