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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2005 SENATE BILL 132
September 2, 2005 - Offered by Senator Kanavas.
SB132-SSA2,1,3 1An Act to renumber 895.35; and to create 895.35 (2) of the statutes; relating
2to:
payment of attorney fees of emergency medical services personnel, fire
3fighters, first responders, and law enforcement or correctional officers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB132-SSA2, s. 1 4Section 1. 895.35 of the statutes is renumbered 895.35 (1).
SB132-SSA2, s. 2 5Section 2. 895.35 (2) of the statutes is created to read:
SB132-SSA2,1,66 895.35 (2) (a) In this subsection:
SB132-SSA2,1,77 1. "Criminal proceeding" means an action or proceeding under chs. 967 to 979.
SB132-SSA2,1,108 2. "Protective services officer" means an emergency medical technician or first
9responder under s. 146.50 (1) (e) to (hm), a fire fighter, or a law enforcement or
10correctional officer.
SB132-SSA2,2,311 (b) 1. Notwithstanding sub. (1), the city, town, village, school district, technical
12college district, or county shall reimburse a protective services officer for reasonable

1attorney fees incurred by the officer in connection with a criminal proceeding arising
2from the officer's conduct in the performance of official duties unless, in relation to
3that conduct, any of the following applies:
SB132-SSA2,2,44 a. The officer is convicted of a crime.
SB132-SSA2,2,55 b. The officer's employment is terminated for cause.
SB132-SSA2,2,76 c. The officer resigns for reasons other than retirement before the attorney fees
7are incurred.
SB132-SSA2,2,88 d. The officer is demoted or reduced in rank.
SB132-SSA2,2,99 e. The officer is suspended without pay for 10 or more working days.
SB132-SSA2,2,1210 2. If a collective bargaining agreement covering the protective services officer
11defines reasonable attorney fees for the purpose of subd. 1., that definition shall
12apply.
SB132-SSA2, s. 3 13Section 3. Initial applicability.
SB132-SSA2,2,1514 (1) This act first applies to attorney fees incurred on the effective date of this
15subsection.
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