LRBs0374/1
PJH:sac:jf
2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 447
March 14, 2014 - Offered by Senator Leibham.
SB447-SSA2,1,4 1An Act to renumber and amend 968.255 (2) (a); to amend 968.255 (1) (a),
2968.255 (1) (b), 968.255 (2) (intro.), 968.255 (2) (b), (c), (d) and (e) and 968.255
3(6); and to create 968.255 (1) (a) 5., 968.255 (1) (ag), 968.255 (1) (ar) and
4968.255 (2) (ag) of the statutes; relating to: strip searches.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB447-SSA2,1 5Section 1. 968.255 (1) (a) of the statutes is amended to read:
SB447-SSA2,1,66 968.255 (1) (a) " Detained" "Detainee" means any of the following:
SB447-SSA2,1,77 1. Arrested A person arrested for any felony.
SB447-SSA2,1,98 2. Arrested A person arrested for any misdemeanor under s. 167.30 (1), 940.19,
9941.20 (1), 941.23, 941.237, 941.24, 948.60, or 948.61.
SB447-SSA2,1,1210 3. Taken A person taken into custody under s. 938.19 and there are reasonable
11grounds to believe the juvenile has committed an act which if committed by an adult
12would be covered under subd. 1. or 2.
SB447-SSA2,2,4
14. Arrested A person arrested for any misdemeanor not specified in subd. 2.,
2any other violation of state law punishable by forfeiture or any local ordinance if
3there is probable cause to believe the person is concealing a weapon or a thing which
4may constitute evidence of the offense for which he or she is detained.
SB447-SSA2,2 5Section 2. 968.255 (1) (a) 5. of the statutes is created to read:
SB447-SSA2,2,106 968.255 (1) (a) 5. A person who is not a person defined in subd. 1., 2., 3., or 4.,
7who is arrested or otherwise lawfully detained or taken into custody for a violation
8of a rule or condition of probation, parole, or extended supervision, and who has been
9incarcerated, imprisoned, or otherwise detained in a jail or prison for at least 12
10hours.
SB447-SSA2,3 11Section 3. 968.255 (1) (ag) of the statutes is created to read:
SB447-SSA2,2,1412 968.255 (1) (ag) "Jail" includes municipal prisons and rehabilitation facilities
13established under s. 59.53 (8) by whatever name they are known, but does not include
14lockup facilities.
SB447-SSA2,4 15Section 4. 968.255 (1) (ar) of the statutes is created to read:
SB447-SSA2,2,2016 968.255 (1) (ar) "Lockup facilities" means those facilities of a temporary place
17of detention at a police station that are used exclusively to hold persons under arrest
18until they can be brought before a court and that are not used to hold persons pending
19trial who have appeared in court or have been committed to imprisonment for
20nonpayment of fines or forfeitures.
SB447-SSA2,5 21Section 5. 968.255 (1) (b) of the statutes is amended to read:
SB447-SSA2,3,522 968.255 (1) (b) "Strip search" means a search in which a detained person's
23detainee's genitals, pubic area, buttock or anus, or a detained female person's female
24detainee's
breast, is uncovered and either is exposed to view or is touched by a person
25conducting the search, except that if the detainee is a person defined in par. (a) 5.,

1"strip search" means a search in which a detainee's genitals, pubic area, buttock or
2anus, or a female detainee's breast, is uncovered and exposed to view but is not
3touched by a person conducting the search unless the touching is necessary to gain
4the detainee's cooperation with the search or unless the touching is necessary to
5assist a disabled detainee's cooperation with the search
.
SB447-SSA2,6 6Section 6. 968.255 (2) (intro.) of the statutes is amended to read:
SB447-SSA2,3,87 968.255 (2) (intro.) No person may be the subject of conduct a strip search
8unless he or she is a detained person and if all of the following apply:
SB447-SSA2,7 9Section 7. 968.255 (2) (a) of the statutes is renumbered 968.255 (2) (am) and
10amended to read:
SB447-SSA2,3,1311 968.255 (2) (am) The person conducting the search is of the same sex as the
12person detained detainee, unless the search is a body cavity search conducted under
13sub. (3);.
SB447-SSA2,8 14Section 8. 968.255 (2) (ag) of the statutes is created to read:
SB447-SSA2,3,1515 968.255 (2) (ag) The person subject to the search is a detainee.
SB447-SSA2,9 16Section 9. 968.255 (2) (b), (c), (d) and (e) of the statutes are amended to read:
SB447-SSA2,3,1817 968.255 (2) (b) The detained person detainee is not exposed to the view of any
18person not conducting the search;.
SB447-SSA2,3,1919 (c) The search is not reproduced through a visual or sound recording ;.
SB447-SSA2,3,2320 (d) A person conducting the search has obtained the prior written permission
21of the chief, sheriff or law enforcement administrator of the jurisdiction where the
22person is detained, or his or her designee, unless there is probable cause to believe
23that the detained person detainee is concealing a weapon; and.
SB447-SSA2,4,224 (e) A person conducting the search prepares a report identifying the person
25detained, all persons conducting the search, the time, date and place of the search

1and the written authorization required by par. (d), and provides a copy of the report
2to the person detained detainee.
SB447-SSA2,10 3Section 10. 968.255 (6) of the statutes is amended to read:
SB447-SSA2,4,94 968.255 (6) A Each law enforcement agency, as defined in s. 165.83 (1) (b), may
5promulgate rules
and each facility where a strip search may be conducted pursuant
6to this section, shall establish written policies and procedures
concerning strip
7searches which at least meet the minimum requirements of this section and shall
8provide annual training regarding the policies and procedures to any employee or
9agent of the agency or facility who may conduct a strip search
.
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