Amendment ASA1-AB90

LRBs0382/2

MGD:jld:ch

2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2003 ASSEMBLY BILL 90

March 9, 2004 - Offered by Representatives Young, Morris, Taylor and A. Williams.

AB90-ASA1,1,5 An Act to amend 347.48 (2m) (e), 347.48 (2m) (gm) and 347.50 (2m) (a); and to create 165.842 and 165.85 (4) (b) 1d. f. of the statutes; relating to: enforcement of motor vehicle safety belt violations, collection of data concerning motor vehicle stops, law enforcement training standards, granting rule-making authority, and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB90-ASA1, s. 1 Section 1. 165.842 of the statutes is created to read:

AB90-ASA1,1,8 165.842 Motor vehicle stops; collection and analysis of information; annual report. (1) Definitions. In this section:

AB90-ASA1,1,9 (a) "Department" means the department of justice.

AB90-ASA1,1,10 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

AB90-ASA1,2,3 (c) "Law enforcement officer" means a person who is employed by a law enforcement agency for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.

AB90-ASA1,2,8 (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.

AB90-ASA1,2,12 (2) Information collection required. All persons in charge of 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, 2005, by a law enforcement officer employed by the law enforcement agency:

AB90-ASA1,2,14 (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:

AB90-ASA1,2,15 1. Caucasian.

AB90-ASA1,2,16 2. African American.

AB90-ASA1,2,17 3. Hispanic.

AB90-ASA1,2,18 4. American Indian or Alaska Native.

AB90-ASA1,2,19 5. Asian or Pacific Islander.

AB90-ASA1,2,20 (b) The reason that the officer stopped or detained the motor vehicle.

AB90-ASA1,2,21 (c) The make and year of the motor vehicle.

AB90-ASA1,2,22 (d) The date, time, and location of the motor vehicle stop.

AB90-ASA1,2,25 (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.

AB90-ASA1,3,2 (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).

AB90-ASA1,3,3 (g) The name and badge number of the officer making the motor vehicle stop.

AB90-ASA1,3,8 (3) Submission of information collected. The person in charge of a law enforcement agency shall forward the information obtained under sub. (2) to the department using the form prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

AB90-ASA1,3,12 (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:

AB90-ASA1,3,20 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.

AB90-ASA1,3,23 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.

AB90-ASA1,4,5 (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, 2006, 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.

AB90-ASA1,4,13 (5) Rules. The department shall promulgate rules to implement the requirements of this section, including rules prescribing a form for use in obtaining information under sub. (2) and establishing a schedule for forwarding the information obtained to the department. The department shall make the form prescribed by its rules available to law enforcement agencies. 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).

AB90-ASA1,4,15 (6) Access to records. Information collected under sub. (2) is not subject to inspection or copying under s. 19.35 (1).

AB90-ASA1, s. 2 Section 2. 165.85 (4) (b) 1d. f. of the statutes is created to read:

AB90-ASA1,4,23 165.85 (4) (b) 1d. f. Training concerning cultural diversity, including sensitivity toward racial and ethnic differences. The training shall be designed to prevent the use of race, racial profiling, racial stereotyping, or other race-based discrimination or selection as a basis for detaining, searching, or arresting a person or for otherwise treating a person differently from persons of other races and shall emphasize the fact that the primary purposes of enforcement of traffic regulations are safety and equal and uniform enforcement under the law.

AB90-ASA1, s. 3 Section 3. 347.48 (2m) (e) of the statutes is amended to read:

AB90-ASA1,5,5 347.48 (2m) (e) Paragraph (b) does not apply to a person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m), or (1q) or for a special identification card under s. 343.51. The department shall, by rule, exempt from the requirements under pars. (b) to (c) and (d) persons who, because of a physical or medical condition, cannot be properly restrained in a safety belt.

AB90-ASA1, s. 4 Section 4. 347.48 (2m) (gm) of the statutes is amended to read:

AB90-ASA1,5,16 347.48 (2m) (gm) Notwithstanding s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department. This paragraph does not limit the authority of a law enforcement officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department observed in the course of a stop or inspection made for other purposes, except that a A law enforcement officer may not take a person into physical custody solely for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department.

AB90-ASA1, s. 5 Section 5. 347.50 (2m) (a) of the statutes is amended to read:

AB90-ASA1,5,21 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person 16 years of age or older who violates s. 347.48 (2m) (d) may be required to forfeit $10 $25 for the first offense and not less than $50 nor more than $75 for the 2nd or any later offense committed within 3 years.

AB90-ASA1, s. 6 Section 6 . Initial applicability.

AB90-ASA1,5,25 (1) The treatment of section 347.50 (2m) (a) of the statutes first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person.

AB90-ASA1, s. 7 Section 7. Effective dates. This act takes effect on the day after publication, except as follows:

AB90-ASA1,6,5 (1) The treatment of sections 347.48 (2m) (e) and (gm) and 347.50 (2m) (a) of the statutes and Section 6 (1) of this act take effect on the first day of the 7th month beginning after publication.

AB90-ASA1,6,6 (End)