LRB-3203/1
RPN:bjk:nwn
2007 - 2008 LEGISLATURE
December 11, 2007 - Introduced by Representatives Wieckert, A. Williams,
Pridemore, Jeskewitz, Gronemus, Hahn, Owens, Townsend, Gunderson,
Musser, A. Ott, Petrowski and Hraychuck, cosponsored by Senators Lehman,
Schultz, Lassa, Cowles, A. Lasee and Grothman. Referred to Committee on
Criminal Justice.
AB624,1,2
1An Act to create 895.488 of the statutes;
relating to: civil immunity for
2neighborhood watch members.
Analysis by the Legislative Reference Bureau
This bill provides civil immunity to members of neighborhood watch
organizations who, in good faith, report information to the local law enforcement
agency about suspicious activities, persons, or vehicles in their neighborhood. The
bill requires a person who brings an action against the neighborhood watch member
for damages related to the report to prove by clear and convincing evidence that the
report of information was not made in good faith. In addition, if the neighborhood
watch member is found to have acted in good faith in an action for damages, the court
shall award him or her court costs and reasonable attorney fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB624, s. 1
3Section
1. 895.488 of the statutes is created to read:
AB624,2,2
4895.488 Civil Immunity exemption; neighborhood watch members. (1) 5In this section, "neighborhood watch organization" means an organized group of
6persons living in a neighborhood who, in cooperation with the local law enforcement
1agency that has jurisdiction in that neighborhood, agree to report suspicious
2activities, persons, or vehicles in their neighborhood to that law enforcement agency.
AB624,2,6
3(2) Any member of a neighborhood watch organization who, in good faith,
4reports information about what he or she considers suspicious activities, persons, or
5vehicles to the local law enforcement agency is immune from civil liability for his or
6her acts or omissions in reporting the information.
AB624,2,10
7(3) Any person who brings an action against a neighborhood watch member for
8damages related to the report of information under sub. (2), asserting that the acts
9or omissions in reporting the information were not made in good faith, has the
10burden of proving that assertion by clear and convincing evidence.
AB624,2,16
11(4) If, in an action against a neighborhood watch member for damages related
12to the report of information under sub. (2), the court determines that the
13neighborhood watch member is immune from civil liability for his or her acts or
14omissions in reporting the information, the court shall award the neighborhood
15watch member costs under ch. 814 and, notwithstanding s. 814.04 (1), reasonable
16attorney fees.
AB624,2,1918
(1) This act first applies to information reported to a law enforcement agency
19on the effective date of this subsection.
