1995 - 1996 LEGISLATURE
December 19, 1995 - Introduced by Representatives Travis, Ott, Huber,
Schneiders, Riley, Kaufert, Bock, Musser, Ziegelbauer, Hahn, Baldus, Nass,
Gronemus, Ainsworth, La Fave and Seratti, cosponsored by Senators
Huelsman, Burke, A. Lasee, Moen and
Darling. Referred to Special
committee on State-Federal Relations.
AB745,1,2
1An Act to create 175.40 (7) of the statutes;
relating to: the authority of federal
2law enforcement officers to make arrests and render assistance.
Analysis by the Legislative Reference Bureau
Under current law, state and local peace officers generally do not have authority
to act outside their territorial jurisdictions. One exception allows these officers to
make arrests and provide assistance anywhere in the state under the following
conditions:
1. The officer is in uniform, on duty and on official business. If the officer is
using a vehicle, it must be a marked police vehicle.
2. The officer is taking action that he or she would be permitted to take in his
or her home jurisdiction.
3. The situation involves either an emergency or a felony.
4. The officer's supervising agency has adopted and implemented written
policies regarding this authority.
This bill provides federal law enforcement officers with similar authority.
Under the bill, a federal law enforcement officer may make an arrest for a violation
of a state law or may provide assistance if the situation involves a felony or may assist
a state or local law enforcement officer in an emergency or at the state or local
officer's request. A federal officer acting under this new authority has the same
immunity from liability that a state or local law enforcement officer has.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB745, s. 1
3Section
1. 175.40 (7) of the statutes is created to read:
AB745,2,1
1175.40
(7) (a) In this subsection:
AB745,2,52
1. "Federal law enforcement officer" means a person employed full-time by the
3federal government who may make an arrest with or without a warrant for a
4violation of the U.S. Code and who may carry a firearm in the performance of the
5person's duties.
AB745,2,76
2. "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1)
7(f).
AB745,2,98
3. "Wisconsin law enforcement officer" has the meaning given in s. 175.46 (1)
9(g).
AB745,2,1110
(b) A federal law enforcement officer, while engaged in the performance of
11official duties, may do any of the following anywhere in the state:
AB745,2,1512
1. Make an arrest for a violation of state law or render aid or assistance if the
13officer has reasonable grounds for believing that a felony has been or is being
14committed in his or her presence and has reasonable grounds for believing that the
15person to be arrested has committed the felony.
AB745,2,1716
2. Render assistance to a Wisconsin law enforcement officer in an emergency
17or at the request of the Wisconsin law enforcement officer.
AB745,2,2018
(c) A federal law enforcement officer acting under par. (b) has any immunity
19from liability or limit on liability to the same extent as a Wisconsin law enforcement
20officer.
AB745,2,2521
(d) No federal law enforcement officer, acting solely under the authority under
22par. (b), may be considered, for liability purposes, as an employe or agent of this state
23or any Wisconsin law enforcement agency for his or her actions within this state. The
24federal law enforcement officer is considered as continuing to be an employe of the
25agency employing him or her.
AB745,3,2
1(e) This subsection does not limit any authority to act that a federal law
2enforcement officer has under federal law.
AB745,3,5
4(1) This act first applies to acts by federal law enforcement officers on the
5effective date of this subsection.
