AB787: Bill Text

LRB-3292/2

MS/AG/MK/JTK/RR:wlj:pg

2007 - 2008 LEGISLATURE

2007 Assembly BILL 787

February 11, 2008 - Introduced by Representatives Hraychuck, Bies, Black, Gunderson, Hahn, Mursau, A. Ott, Sheridan, Sinicki, Turner, Vruwink, Zepnick and Ziegelbauer, cosponsored by Senators Hansen, A. Lasee and Lehman. Referred to Committee on Corrections and Courts.

AB787,1,6 An Act to amend 16.84 (2), 23.10 (1) and 36.11 (2) (b); and to create 59.26 (1m), 60.56 (3), 61.65 (1m), 61.66 (1m), 62.13 (4) (am), 62.50 (2m), 73.03 (64), 110.07 (7), 111.91 (2) (t), 165.70 (5) and 165.85 (4) (g) of the statutes; relating to: psychological evaluations for law enforcement officers, providing an exemption from emergency rule procedures, and requiring the exercise of rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, the Law Enforcement Standards Board (board) establishes minimum qualification standards for law enforcement officers. The board may establish, in addition to education and training standards, qualification standards relating to the competence and reliability of a person to assume and discharge the responsibilities of a law enforcement officer.

This bill provides that a candidate for a full-time law enforcement or tribal law enforcement officer position must submit to a psychological evaluation before being appointed as a full-time law enforcement or tribal law enforcement officer. This evaluation requirement applies to law enforcement or tribal law enforcement officers appointed on or after January 1, 2009. The bill also requires local law enforcement agencies, and state agencies that employ law enforcement officers, to review the psychological evaluation of a candidate for a law enforcement officer position before appointing the individual as a full-time law enforcement officer. This bill specifies that all of the psychological evaluations provided for under the bill are confidential and not subject to public inspection or copying under the open records law.

The bill requires the board to promulgate rules for the content of a required psychological evaluation for full-time law enforcement and tribal law enforcement officers. The bill also requires the board to submit a report to the legislature by April 1, 2010, that evaluates the effect of the requirement for psychological evaluations for law enforcement officers, makes a recommendation as to whether psychological evaluations should be required for part-time or limited term law enforcement and tribal law enforcement officers, and makes a recommendation as to whether psychological evaluations should be required for officers appointed to serve on a special weapons and tactics unit. Finally, the bill makes the requirement for psychological evaluations for law enforcement officers a prohibited subject of bargaining under the State Employment Labor Relations Act.

For further information see the state and local 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:

AB787, s. 1 Section 1. 16.84 (2) of the statutes is amended to read:

AB787,3,10 16.84 (2) Appoint such number of police officers as is necessary to safeguard all public property placed by law in the department's charge, and provide, by agreement with any other state agency, police and security services at buildings and facilities owned, controlled, or occupied by the other state agency. The governor or the department may, to the extent it is necessary, authorize police officers employed by the department to safeguard state officers, state employees, or other persons. The department shall not hire any individual to serve as a full-time police officer under this subsection unless the department reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the department shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35. A police officer who is employed by the department and who is performing duties that are within the scope of his or her employment as a police officer has the powers of a peace officer under s. 59.28, except that the officer has the arrest powers of a law enforcement officer under s. 968.07 regardless of whether the violation is punishable by forfeiture or criminal penalty. The officer may exercise the powers of a peace officer and the arrest powers of a law enforcement officer while located anywhere within this state. Nothing in this subsection limits or impairs the duty of the chief and each police officer of the police force of the municipality in which the property is located to arrest and take before the proper court or magistrate persons found in a state of intoxication or engaged in any disturbance of the peace or violating any state law in the municipality in which the property is located, as required by s. 62.09 (13).

AB787, s. 2 Section 2. 23.10 (1) of the statutes is amended to read:

AB787,3,22 23.10 (1) The department of natural resources shall secure the enforcement of all laws which it is required to administer and bring, or cause to be brought, actions and proceedings in the name of the state for that purpose. The persons appointed by said department to exercise and perform the powers and duties heretofore conferred and imposed upon deputy fish and game wardens, shall be known as conservation wardens and shall be subject to ch. 230. The department may not appoint any individual to serve as a full-time conservation warden unless the department reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the department shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 3 Section 3. 36.11 (2) (b) of the statutes is amended to read:

AB787,4,12 36.11 (2) (b) The board may employ police for the institutions and chiefs to head such police, or contract for police, all of whom shall be deemed peace officers under s. 939.22 (22) under the supervision and control of the appropriate chancellor or the chancellor's designees. Such police officers shall meet the minimum standards established for other police officers by the law enforcement standards board or a comparable agency, and the board may not employ an individual to serve as a full-time police officer unless the board reviews any evaluation by a psychologist that is required under s. 165.85 (4) (b). Notwithstanding s. 103.13, the board shall keep confidential any record of an evaluation received or maintained under this paragraph and any such record is not open to public inspection or copying under s. 19.35. Such police shall preserve the peace on all property described under par. (a), enforce all rules promulgated under this chapter and all other laws, and for that purpose the chancellor or the chancellor's designee may call for aid from such other persons as is deemed necessary.

AB787, s. 4 Section 4. 59.26 (1m) of the statutes is created to read:

AB787,4,19 59.26 (1m) A sheriff may not appoint any individual to serve as a full-time deputy under this section unless the sheriff reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the sheriff and the county shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 5 Section 5. 60.56 (3) of the statutes is created to read:

AB787,5,3 60.56 (3) Evaluation of prospective officers. If a town has or establishes a town police department, or creates a joint police department, the town may not hire any individual to serve as a full-time town or joint police officer unless the hiring authority reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the hiring authority and the town shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 6 Section 6. 61.65 (1m) of the statutes is created to read:

AB787,5,11 61.65 (1m) If a village has or establishes a village police department, or creates a joint police department, the village may not hire any individual to serve as a full-time village or joint police officer unless the hiring authority reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the hiring authority and the village shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 7 Section 7. 61.66 (1m) of the statutes is created to read:

AB787,5,16 61.66 (1m) Section 61.65 (1m), to the extent that it applies to a prospective full-time officer of a village police department or a joint police department, applies to a full-time prospective employee of the village who may perform police protection duties pursuant to sub. (1).

AB787, s. 8 Section 8. 62.13 (4) (am) of the statutes is created to read:

AB787,5,23 62.13 (4) (am) The chief of police may not appoint any individual as a full-time law enforcement officer under this section unless the chief and the board review any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the chief, the board, and the city shall keep confidential any record of an evaluation received or maintained under this paragraph and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 9 Section 9. 62.50 (2m) of the statutes is created to read:

AB787,6,7 62.50 (2m) Evaluation of prospective officers. No individual may be appointed as a full-time police officer under this section unless the chief of police and the board review any evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the chief, the board, and the city shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 10 Section 10. 73.03 (64) of the statutes is created to read:

AB787,6,14 73.03 (64) To review any evaluation of an individual by a psychologist that is required under s. 165.85 (4) (g) before appointing the individual to serve as a full-time law enforcement officer, as defined in s. 165.85 (1) (c). Notwithstanding s. 103.13, the department shall keep confidential any record of an evaluation received or maintained under this subsection and any such record is not open to public inspection or copying under s. 19.35

AB787, s. 11 Section 11. 110.07 (7) of the statutes is created to read:

AB787,6,21 110.07 (7) The department may not employ any individual as a full-time officer of the state traffic patrol under sub. (1) or as a full-time inspector under sub. (3) unless the department reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g). The department shall keep confidential any evaluation received or maintained under this subsection and any such evaluation is not open to public inspection or copying under s. 19.35.

AB787, s. 12 Section 12. 111.91 (2) (t) of the statutes is created to read:

AB787,6,25 111.91 (2) (t) The requirements under ss. 16.84 (2), 23.10 (1), 36.11 (2) (b), 73.03 (64), 110.07 (7), and 165.70 (5) for state agencies to review a psychologist's evaluation of an individual before hiring the individual as a full-time law enforcement officer.

AB787, s. 13 Section 13. 165.70 (5) of the statutes is created to read:

AB787,7,5 165.70 (5) (a) The department of justice may not employ an individual to serve as a full-time law enforcement officer, as defined in s. 165.85 (2) (c), unless the department reviews any evaluation by a psychologist that is required under s. 165.85 (4) (g).

AB787,7,8 (b) Notwithstanding s. 103.13, the department shall keep confidential any record of an evaluation received or maintained under par. (a) and any such record is not open to public inspection or copying under s. 19.35.

AB787, s. 14 Section 14. 165.85 (4) (g) of the statutes is created to read:

AB787,7,13 165.85 (4) (g) 1. No person may be appointed as a full-time law enforcement or tribal law enforcement officer on or after January 1, 2009, unless the person receives an evaluation by a licensed psychologist, as defined in s. 455.01 (4), and the psychologist's report of the evaluation is submitted to the appointing authority.

AB787,7,15 2. The board shall promulgate rules regarding the content of the evaluation required under subd. 1.

AB787, s. 15 Section 15. Nonstatutory provisions.

AB787,7,19 (1) Report to legislature. The law enforcement standards board shall by April 1, 2010, submit a report to the legislature in the manner described under section 13.172 (2) of the statutes, on all the following:

AB787,7,22 (a) The effect of the requirement under this act that agencies review a psychologist's evaluation of an individual before hiring the individual as a full-time law enforcement officer or tribal law enforcement officer.

AB787,8,2 (b) A recommendation as to whether the law enforcement standards board should exercise its rule-making authority to require an evaluation by a licensed psychologist of any individual who is appointed as a part-time or limited term law enforcement or tribal law enforcement officer.

AB787,8,6 (c) A recommendation as to whether the law enforcement standards board should exercise its rule-making authority to require an evaluation by a licensed psychologist of any law enforcement or tribal law enforcement officer who is appointed to serve on a special weapons and tactics unit.

AB787,8,11 (2) Emergency rule-making authority. (a) The law enforcement standards board shall submit in proposed form the rules required under section 165.85 (4) (g) 2. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB787,8,21 (b) Using the procedure under section 227.24 of the statutes, the law enforcement standards board may promulgate the rules required under section 165.85 (4) (g) 2. of the statutes, as created by this act, for the period before the effective date of the permanent rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the law enforcement standards board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.