LRB-0299/1
MS/AG/MK/JTK/RR:wlj:jf
2009 - 2010 LEGISLATURE
November 5, 2009 - Introduced by Representatives Hraychuck, Bies, Danou,
Gunderson, Young, Zepnick, Sinicki, Vruwink, Brooks, Cullen, Toles,
Benedict, Berceau, Townsend, Ripp
and Ziegelbauer, cosponsored by
Senators Hansen, Holperin, A. Lasee, Coggs, Schultz and Taylor. Referred
to Committee on Criminal Justice.
AB549,1,6 1An Act to amend 16.84 (2), 23.10 (1) and 36.11 (2) (b); and to create 59.26 (1m),
260.56 (3), 61.65 (1m), 61.66 (1m), 62.13 (4) (am), 62.50 (2m), 73.03 (64), 110.07
3(7), 111.91 (2) (t), 165.70 (5) and 165.85 (4) (g) of the statutes; relating to:
4psychological evaluations for law enforcement officers, providing an exemption
5from emergency rule procedures, and requiring the exercise of rule-making
6authority.
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, 2010. 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.

Current law permits closure of access to public records concerning
psychological evaluations under some circumstances. This bill specifies that all of
the psychological evaluations provided for under the bill are confidential and not
subject to inspection or copying under the public records access 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, 2011, 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:
AB549, s. 1 1Section 1. 16.84 (2) of the statutes is amended to read:
AB549,3,112 16.84 (2) Appoint such number of police officers as is necessary to safeguard
3all public property placed by law in the department's charge, and provide, by
4agreement with any other state agency, police and security services at buildings and
5facilities owned, controlled, or occupied by the other state agency. The governor or
6the department may, to the extent it is necessary, authorize police officers employed
7by the department to safeguard state officers, state employees, or other persons. The
8department shall not hire any individual to serve as a full-time police officer under
9this subsection unless the department reviews any evaluation by a psychologist that
10is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the department shall
11keep confidential any record of an evaluation received or maintained under this
12subsection and any such record is not open to public inspection or copying under s.
1319.35.
A police officer who is employed by the department and who is performing

1duties that are within the scope of his or her employment as a police officer has the
2powers of a peace officer under s. 59.28, except that the officer has the arrest powers
3of a law enforcement officer under s. 968.07 regardless of whether the violation is
4punishable by forfeiture or criminal penalty. The officer may exercise the powers of
5a peace officer and the arrest powers of a law enforcement officer while located
6anywhere within this state. Nothing in this subsection limits or impairs the duty of
7the chief and each police officer of the police force of the municipality in which the
8property is located to arrest and take before the proper court or magistrate persons
9found in a state of intoxication or engaged in any disturbance of the peace or violating
10any state law in the municipality in which the property is located, as required by s.
1162.09 (13).
AB549, s. 2 12Section 2. 23.10 (1) of the statutes is amended to read:
AB549,3,2313 23.10 (1) The department of natural resources shall secure the enforcement of
14all laws which it is required to administer and bring, or cause to be brought, actions
15and proceedings in the name of the state for that purpose. The persons appointed
16by said department to exercise and perform the powers and duties heretofore
17conferred and imposed upon deputy fish and game wardens, shall be known as
18conservation wardens and shall be subject to ch. 230. The department shall not
19appoint any individual to serve as a full-time conservation warden unless the
20department reviews any evaluation by a psychologist that is required under s. 165.85
21(4) (g). Notwithstanding s. 103.13, the department shall keep confidential any record
22of an evaluation received or maintained under this subsection and any such record
23is not open to public inspection or copying under s. 19.35.
AB549, s. 3 24Section 3. 36.11 (2) (b) of the statutes is amended to read:
AB549,4,14
136.11 (2) (b) The board may employ police for the institutions and chiefs to head
2such police, or contract for police, all of whom shall be deemed peace officers under
3s. 939.22 (22) under the supervision and control of the appropriate chancellor or the
4chancellor's designees. Such police officers shall meet the minimum standards
5established for other police officers by the law enforcement standards board or a
6comparable agency, and the board may not employ an individual to serve as a
7full-time police officer unless the board reviews any evaluation by a psychologist
8that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the board shall
9keep confidential any record of an evaluation received or maintained under this
10paragraph and any such record is not open to public inspection or copying under s.
1119.35
. Such police shall preserve the peace on all property described under par. (a),
12enforce all rules promulgated under this chapter and all other laws, and for that
13purpose the chancellor or the chancellor's designee may call for aid from such other
14persons as is deemed necessary.
AB549, s. 4 15Section 4. 59.26 (1m) of the statutes is created to read:
AB549,4,2116 59.26 (1m) A sheriff may not appoint any individual to serve as a full-time
17deputy under this section unless the sheriff reviews any evaluation by a psychologist
18that is required under s. 165.85 (4) (g). Notwithstanding s. 103.13, the sheriff and
19the county shall keep confidential any record of an evaluation received or maintained
20under this subsection and any such record is not open to public inspection or copying
21under s. 19.35.
AB549, s. 5 22Section 5. 60.56 (3) of the statutes is created to read:
AB549,5,523 60.56 (3) Evaluation of prospective officers. If a town has or establishes a
24town police department, or creates a joint police department, the town may not hire
25any individual to serve as a full-time town or joint police officer unless the hiring

1authority reviews any evaluation by a psychologist that is required under s. 165.85
2(4) (g). Notwithstanding s. 103.13, the hiring authority and the town shall keep
3confidential any record of an evaluation received or maintained under this
4subsection and any such record is not open to public inspection or copying under s.
519.35.
AB549, s. 6 6Section 6. 61.65 (1m) of the statutes is created to read:
AB549,5,137 61.65 (1m) If a village has or establishes a village police department, or creates
8a joint police department, the village may not hire any individual to serve as a
9full-time village or joint police officer unless the hiring authority reviews any
10evaluation by a psychologist that is required under s. 165.85 (4) (g). Notwithstanding
11s. 103.13, the hiring authority and the village shall keep confidential any record of
12an evaluation received or maintained under this subsection and any such record is
13not open to public inspection or copying under s. 19.35.
AB549, s. 7 14Section 7. 61.66 (1m) of the statutes is created to read:
AB549,5,1815 61.66 (1m) Section 61.65 (1m), to the extent that it applies to a prospective
16full-time officer of a village police department or a joint police department, applies
17to a full-time prospective employee of the village who may perform police protection
18duties pursuant to sub. (1).
AB549, s. 8 19Section 8. 62.13 (4) (am) of the statutes is created to read:
AB549,5,2520 62.13 (4) (am) The chief of police may not appoint any individual as a full-time
21law enforcement officer under this subsection unless the chief and the board review
22any evaluation by a psychologist that is required under s. 165.85 (4) (g).
23Notwithstanding s. 103.13, the chief, the board, and the city shall keep confidential
24any record of an evaluation received or maintained under this paragraph and any
25such record is not open to public inspection or copying under s. 19.35.
AB549, s. 9
1Section 9. 62.50 (2m) of the statutes is created to read:
AB549,6,82 62.50 (2m) Evaluation of prospective officers. No individual may be
3appointed as a full-time police officer under this section unless the chief of police and
4the board review any evaluation by a psychologist that is required under s. 165.85
5(4) (g). Notwithstanding s. 103.13, the chief, the board, and the city shall keep
6confidential any record of an evaluation received or maintained under this
7subsection and any such record is not open to public inspection or copying under s.
819.35.
AB549, s. 10 9Section 10. 73.03 (64) of the statutes is created to read:
AB549,6,1510 73.03 (64) To review any evaluation of an individual by a psychologist that is
11required under s. 165.85 (4) (g) before appointing the individual to serve as a
12full-time law enforcement officer, as defined in s. 165.85 (2) (c). Notwithstanding s.
13103.13, the department shall keep confidential any record of an evaluation received
14or maintained under this subsection and any such record is not open to public
15inspection or copying under s. 19.35.
AB549, s. 11 16Section 11. 110.07 (7) of the statutes is created to read:
AB549,6,2217 110.07 (7) The department may not employ any individual as a full-time officer
18of the state traffic patrol under sub. (1) or as a full-time inspector under sub. (3)
19unless the department reviews any evaluation by a psychologist that is required
20under s. 165.85 (4) (g). The department shall keep confidential any evaluation
21received or maintained under this subsection and any such evaluation is not open to
22public inspection or copying under s. 19.35.
AB549, s. 12 23Section 12. 111.91 (2) (t) of the statutes is created to read:
AB549,7,3
1111.91 (2) (t) The requirements under ss. 16.84 (2), 23.10 (1), 36.11 (2) (b), 73.03
2(64), 110.07 (7), and 165.70 (5) for state agencies to review a psychologist's evaluation
3of an individual before hiring the individual as a full-time law enforcement officer.
AB549, s. 13 4Section 13. 165.70 (5) of the statutes is created to read:
AB549,7,85 165.70 (5) (a) The department of justice may not employ an individual to serve
6as a full-time law enforcement officer, as defined in s. 165.85 (2) (c), unless the
7department reviews any evaluation by a psychologist that is required under s. 165.85
8(4) (g).
AB549,7,119 (b) Notwithstanding s. 103.13, the department shall keep confidential any
10record of an evaluation received or maintained under par. (a) and any such record is
11not open to public inspection or copying under s. 19.35.
AB549, s. 14 12Section 14. 165.85 (4) (g) of the statutes is created to read:
AB549,7,1613 165.85 (4) (g) 1. No person may be appointed as a full-time law enforcement
14or tribal law enforcement officer on or after January 1, 2010, unless the person
15receives an evaluation by a licensed psychologist, as defined in s. 455.01 (4), and the
16psychologist's report of the evaluation is submitted to the appointing authority.
AB549,7,1817 2. The board shall promulgate rules regarding the content of the evaluation
18required under subd. 1.
AB549, s. 15 19Section 15. Nonstatutory provisions.
AB549,7,2220 (1) Report to legislature. The law enforcement standards board shall by April
211, 2011, submit a report to the legislature in the manner described under section
2213.172 (2) of the statutes, on all the following:
AB549,7,2523 (a) The effect of the requirement under this act that agencies review a
24psychologist's evaluation of an individual before hiring the individual as a full-time
25law enforcement officer or tribal law enforcement officer.
AB549,8,4
1(b) A recommendation as to whether the law enforcement standards board
2should exercise its rule-making authority to require an evaluation by a licensed
3psychologist of any individual who is appointed as a part-time or limited term law
4enforcement or tribal law enforcement officer.
AB549,8,85 (c) A recommendation as to whether the law enforcement standards board
6should exercise its rule-making authority to require an evaluation by a licensed
7psychologist of any law enforcement or tribal law enforcement officer who is
8appointed to serve on a special weapons and tactics unit.
AB549,8,99 (2) Emergency rule-making authority.
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