LRBa2335/1
PJH:cjs&amn
2015 - 2016 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 340
February 18, 2016 - Offered by Representative Barnes.
AB340-AA1,1,3
3"
Section 1m. 165.847 of the statutes is created to read:
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4165.847 Strip searches; data and analysis. (1) The department of justice
5shall analyze the records submitted to it under s. 968.253 to determine all of the
6following:
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(a) Whether the number of strip searches performed on persons who are
8members of a racial minority is disproportionate to the number of strip searches
9performed on persons who are not members of a racial minority.
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(b) Whether strip searches are performed on persons who are members of a
11racial minority for different reasons than strip searches performed on persons who
12are not members of a racial minority.
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1(c) Whether the reasons for conducting a strip search affect persons who are
2members of a racial minority disproportionately to persons who are not members of
3a racial minority.
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4(2) On or before July 1, 2017, and annually thereafter, the department shall
5submit a report of its analysis under sub. (1) to the legislature under s. 13.172 (2),
6to the governor, and to the director of state courts.
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7Section 1p. 968.253 of the statutes is created to read:
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8968.253 Reports; strip searches. (1) A law enforcement officer who
9performs or who directs another person to perform a strip search on a detainee, as
10defined in s. 968.255 (1) (a) 5., who is incarcerated, imprisoned, or otherwise detained
11in a jail or prison for fewer than 12 hours shall keep a record of the strip search. Each
12record shall contain all of the following:
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(a) The detainee's residential zip code.
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(b) The detainee's age.
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(c) The detainee's gender.
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(d) The detainee's race or ethnicity. The detainee's race or ethnicity shall be the
17race or ethnicity identified on the detainee's operator's license or identification card.
18If the detainee does not have an operator's license or an identification card that
19identifies his or her race or ethnicity, the law enforcement officer shall determine the
20detainee's race or ethnicity.
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(e) Whether any contraband was discovered pursuant to the strip search. If
22contraband was discovered, a description of the contraband.
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(f) The reason the detainee was arrested, including any criminal charges filed
24against the detainee.
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1(g) The reason the detainee was incarcerated, imprisoned, or otherwise
2detained.
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(h) The number of hours for which the detainee was incarcerated, imprisoned,
4or otherwise detained.
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(i) The reason the detainee was released from incarceration, imprisonment, or
6other detention.
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7(2) Each law enforcement agency shall monthly submit all records generated
8under sub. (1) to the department of justice for analysis under s. 165.847.".
