LRBs0168/1
MLJ:emw
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 109
June 1, 2021 - Offered by Representative Spiros.
AB109-ASA1,1,4 1An Act to renumber 165.845 (1) (intro.) and (c); to renumber and amend
2165.845 (1) (a) and 165.845 (1) (b); to amend 165.845 (title) and 165.845 (2); and
3to create 165.845 (1g), 165.845 (1r) (a) 2. and 165.845 (1r) (d) of the statutes;
4relating to: reporting of law enforcement use-of-force incidents.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Justice to collect certain information
concerning criminal offenses committed in Wisconsin. This bill requires DOJ to
collect data and publish an annual report on law enforcement use-of-force incidents,
which includes any incident where a firearm was discharged in the direction of a
person (even if there was no injury) and where other great bodily harm resulted from
the incident. The bill requires certain demographic information to be collected about
each such incident, including any information required to be collected to comply with
the reporting standards of the National Use-Of-Force Data Collection system
administered by the Federal Bureau of Investigation, as well as a description of each

such incident. The information collected must be reported annually by DOJ on its
Internet site.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB109-ASA1,1 1Section 1. 165.845 (title) of the statutes is amended to read:
AB109-ASA1,2,2 2165.845 (title) Collect Collection and reporting of crime data.
AB109-ASA1,2 3Section 2. 165.845 (1) (intro.) and (c) of the statutes are renumbered 165.845
4(1r) (intro.) and (c).
AB109-ASA1,3 5Section 3 . 165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.)
6and amended to read:
AB109-ASA1,2,127 165.845 (1r) (a) (intro.) Collect information concerning the number and nature
8of offenses known to have been committed in this state and such other information
9as may be useful in the study of crime and the administration of justice. The
10department of justice may determine any other information to be obtained regarding
11crime and justice system statistics. The information shall include data all of the
12following:
AB109-ASA1,2,14 131. Data requested by the federal bureau of investigation under its system of
14uniform crime reports for the United States.
AB109-ASA1,4 15Section 4. 165.845 (1) (b) of the statutes is renumbered 165.845 (1r) (b) and
16amended to read:
AB109-ASA1,3,217 165.845 (1r) (b) Furnish all reporting officials with forms or instructions or
18both
that specify the nature of the information required under par. (a), a simple
19format in which to submit the information,
the time it is to be forwarded, the method
20of classifying it, and any other matters that facilitate collection and compilation. The
21format provided under this paragraph shall, to the greatest extent feasible, minimize

1the time required by each law enforcement officer to submit the required
2information.
AB109-ASA1,5 3Section 5 . 165.845 (1g) of the statutes is created to read:
AB109-ASA1,3,44 165.845 (1g) In this section:
AB109-ASA1,3,55 (a) “Great bodily harm” has the meaning given in s. 939.22 (14).
AB109-ASA1,3,66 (m) “Use-of-force incident” means any of the following:
AB109-ASA1,3,87 1. Any incident involving the discharge of a firearm by a law enforcement
8officer at or in the direction of a civilian.
AB109-ASA1,3,109 2. Any incident involving the discharge of a firearm by a civilian at or in the
10direction of a law enforcement officer.
AB109-ASA1,3,1211 3. Any incident in which an action taken by a law enforcement officer as a
12response to an act of resistance results in great bodily harm or death.
AB109-ASA1,3,1413 4. Any incident in which an act of resistance taken by a civilian against a law
14enforcement officer results in great bodily harm or death.
AB109-ASA1,6 15Section 6 . 165.845 (1r) (a) 2. of the statutes is created to read:
AB109-ASA1,3,1716 165.845 (1r) (a) 2. For any use-of-force incident, all of the following
17information:
AB109-ASA1,3,1918 a. The gender, race, ethnicity, and age of each person who was shot at, injured,
19or killed.
AB109-ASA1,3,2020 b. The date, time, and location of the incident.
AB109-ASA1,3,2121 c. The reason for the law enforcement officer's initial contact with the civilian.
AB109-ASA1,3,2322 d. Whether any civilian involved in the incident was armed and, if he or she was
23armed, the type of weapon that the civilian had.
AB109-ASA1,4,3
1e. The type of resistance used against the law enforcement officer by the
2civilian, the type of action taken in response by the officer, and if applicable, the types
3of weapons used.
AB109-ASA1,4,44 f. The number of law enforcement officers involved in the incident.
AB109-ASA1,4,55 g. The number of civilians involved in the incident.
AB109-ASA1,4,86 h. A brief description regarding any acts of resistance that precipitated the
7incident and the circumstances surrounding the incident, including perceptions on
8behavior or mental disorders.
AB109-ASA1,4,119 i. Any other information that is required to comply with the reporting
10standards of the National Use-Of-Force Data Collection system administered by the
11federal bureau of investigation.
AB109-ASA1,7 12Section 7. 165.845 (1r) (d) of the statutes is created to read:
AB109-ASA1,4,1713 165.845 (1r) (d) Publish an annual report using the information collected
14under par. (a) 2. The report may be published electronically on the department of
15justice's Internet site in an interactive format and shall include, at a minimum, all
16information that is reported to the department by local law enforcement agencies
17under par. (a) 2.
AB109-ASA1,8 18Section 8 . 165.845 (2) of the statutes is amended to read:
AB109-ASA1,5,219 165.845 (2) All persons in charge of law enforcement agencies and other
20criminal and juvenile justice system agencies shall supply the department of justice
21with the information described in sub. (1) (1r) (a) on the basis of the forms or
22instructions or both to be supplied
in the format specified by the department under
23sub. (1) (a) (1r) (b). The department may conduct an audit to determine the accuracy

1of the data and other information it receives from law enforcement agencies and
2other criminal and juvenile justice system agencies.
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