Amendment ASA1-AB409

LRBs0238/1

CMH:cjs&sac:jm

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 409

January 22, 2014 - Offered by Representative Bies.

AB409-ASA1,1,2 An Act to create 175.47 and 950.08 (2c) of the statutes; relating to: investigation of deaths involving a law enforcement officer.

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

AB409-ASA1,1 Section 1. 175.47 of the statutes is created to read:

AB409-ASA1,1,4 175.47 Review of deaths involving officers. (1) In this section:

AB409-ASA1,1,5 (a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB409-ASA1,1,6 (b) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB409-ASA1,1,10 (c) "Officer-involved death" means a death of an individual that results directly from an action or an omission of a law enforcement officer while the law enforcement officer is on duty or while the law enforcement officer is off duty but performing activities that are consistent with his or her law enforcement duties.

AB409-ASA1,2,3 (2) (a) Except as provided in par. (b), each law enforcement agency shall have a written policy regarding the investigation of officer-involved deaths that involve a law enforcement officer employed by the law enforcement agency.

AB409-ASA1,2,7 (b) Paragraph (a) does not apply to a law enforcement agency in a city of the 1st class if the city maintains a policy that is substantially similar and no less rigorous than the "Critical Use of Force Incidents" policy that is in effect on the effective date of this paragraph .... [LRB inserts date].

AB409-ASA1,2,9 (3) (a) Each policy under sub. (2) (a) must require an investigation conducted by one of the following:

AB409-ASA1,2,11 1. A law enforcement agency that is located in a county that is not the county in which the officer-involved death occurred.

AB409-ASA1,2,12 2. The division of criminal investigation in the department of justice.

AB409-ASA1,2,16 (b) If the officer-involved death being investigated is traffic-related, the policy under sub. (2) (a) must require the investigation to use a crash reconstruction unit from a law enforcement agency that does not employ a law enforcement officer involved in the officer-involved death being investigated.

AB409-ASA1,2,19 (c) Each policy under sub. (2) (a) may allow an internal investigation into the officer-involved death if the internal investigation does not interfere with the investigation conducted under par. (a).

AB409-ASA1,2,21 (4) Compensation for participation in an investigation under sub. (3) (a) may be determined in a manner consistent with mutual aid agreements under s. 175.46.

AB409-ASA1,3,3 (5) The agency or division conducting the investigation under sub. (3) (a) shall within 30 days, unless the district attorney of the county in which the officer-involved death occurred grants an extension of up to 15 additional days, provide a complete report to the district attorney of the county in which the officer-involved death occurred. Except as provided in this subsection, the agency or division conducting the investigation shall keep confidential any material and information related to the officer-involved death and the investigation.

AB409-ASA1,2 Section 2. 950.08 (2c) of the statutes is created to read:

AB409-ASA1,3,9 950.08 (2c) Duties of department; information for victims of officer-involved deaths. The department shall provide a victim of an officer-involved death, as defined in s. 175.47 (1) (c), information about the process by which he or she may file a complaint under s. 968.02 or 968.26 (2) and about the process of an inquest under s. 979.05.

AB409-ASA1,3 Section 3. Initial applicability.

AB409-ASA1,3,12 (1) This act first applies to officer-involved deaths occurring on the effective date of this subsection.

AB409-ASA1,3,13 (End)