February 14, 2014 - Introduced by Representatives Kooyenga, Young, Goyke and
Zepnick, cosponsored by Senators Darling, Harris, Farrow, Grothman,
Lazich, Vukmir and L. Taylor. Referred to Committee on State Affairs and
Government Operations.
AB768,1,3 1An Act to amend 19.32 (1) and 939.22 (22); and to create 175.42 of the statutes;
2relating to: authorizing Marquette University to create a police department
3and employ university police officers.
Analysis by the Legislative Reference Bureau
This bill authorizes Marquette University to enter into an agreement with the
state and the city of Milwaukee to establish a university police department and
employ university police officers. Under this bill, except as provided otherwise in the
agreement, Marquette University police officers have the same powers as
Milwaukee law enforcement officers to maintain order, detect and prevent crime,
enforce laws and ordinances, and make arrests for violations of laws and ordinances
and Marquette may assign additional duties to the Marquette University police
officers. This bill requires that a Marquette University police officer meet training
and certification standards provided by the Law Enforcement Standards Board, that
Marquette University have written policies on arrests and rendering aid, and that
Marquette University maintain liability insurance. Finally, under this bill, a
Marquette University police officer is a peace officer for purposes of the Criminal
Code and the Marquette University police department is subject to certain public
records laws.

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:
AB768,1 1Section 1. 19.32 (1) of the statutes is amended to read:
AB768,2,122 19.32 (1) "Authority" means any of the following having custody of a record: a
3state or local office, elected official, agency, board, commission, committee, council,
4department or public body corporate and politic created by constitution, law,
5ordinance, rule or order; a governmental or quasi-governmental corporation except
6for the Bradley center sports and entertainment corporation; a local exposition
7district under subch. II of ch. 229; a long-term care district under s. 46.2895; any
8court of law; the assembly or senate; a nonprofit corporation which receives more
9than 50% of its funds from a county or a municipality, as defined in s. 59.001 (3), and
10which provides services related to public health or safety to the county or
11municipality; a university police department under s. 175.42; or a formally
12constituted subunit of any of the foregoing.
AB768,2 13Section 2. 175.42 of the statutes is created to read:
AB768,2,14 14175.42 Marquette University police department. (1) In this section:
AB768,2,1515 (a) "University" means Marquette University.
AB768,2,1916 (b) "University police officer" means an officer who is employed by the
17university police department, who has met the requirements of s. 165.85 (4) (b) 1.,
18(bn) 1., and (c), and who has agreed to accept the duties of a law enforcement officer
19under the laws of this state.
AB768,3,6 20(2) (a) The university may enter into an agreement with the attorney general
21and the city of Milwaukee to establish a university police department and employ

1university police officers for the purposes of maintaining public order, detecting and
2preventing crime, and enforcing state laws and local ordinances on the grounds of
3the university and in adjacent areas, as provided for in the agreement. The
4agreement entered into with the city of Milwaukee shall provide methods for
5ensuring the accountability of the university police department and the university
6police officers.
AB768,3,117 (b) 1. Subject to the terms of the agreement under par. (a), university police
8officers have the same powers as law enforcement officers employed by the city of
9Milwaukee to maintain public order, to detect and prevent crime, to enforce state
10laws and local ordinances, and to make arrests for violations of state laws and local
11ordinances.
AB768,3,1312 2. The law enforcement powers under subd. 1. of university police officers shall
13be concurrent with other law enforcement officers.
AB768,3,1614 3. Subject to the terms of the agreement under par. (a), the university may
15assign additional duties to the university police department, including the
16enforcement of university regulations.
AB768,3,1717 (c) The university police department shall do all of the following:
AB768,3,2018 1. Ensure that each university police officer meets the requirements of s. 165.85
19(4) (b) 1., (bn) 1., and (c) and has agreed to accept the duties of a law enforcement
20officer under the laws of this state.
AB768,3,2421 2. Adopt and implement written policies regarding law enforcement activities
22and rendering aid or assistance under this section, including a policy on notification
23to and cooperation with a law enforcement agency in the jurisdiction in which arrests
24are made.
AB768,4,2
13. Maintain liability insurance, and present evidence of the insurance to the
2department of justice, that does all of the following:
AB768,4,43 a. Covers the university and university police officers for acts and omissions
4under sub. (4).
AB768,4,55 b. Has a limit of coverage not less than $2,000,000 for any occurrence.
AB768,4,76 c. Provides that the insurer, in defending a claim against the policy, may not
7raise the defense of sovereign immunity of the insured up to the limits of the policy.
AB768,4,10 8(3) For purposes of civil and criminal liability, a university police officer may,
9when in fresh pursuit, follow anywhere in the state and arrest any person for
10violation of the laws of this state, if the conditions of sub. (2) (c) are met.
AB768,4,16 11(4) (a) Except as otherwise provided in an agreement under sub. (2) (a), the
12university is liable for all acts and omissions of a university police officer while acting
13under this section, and neither the state nor any political subdivision of the state may
14be held liable for any action of a university police officer taken under the authority
15of this section. For purposes of civil and criminal liability, a university police officer
16acting under this section is considered to be acting in an official capacity.
AB768,4,2117 (b) If, notwithstanding par. (a), a court finds the state or a political subdivision
18of the state liable for any acts or omissions of a university police officer acting under
19this section, the university shall indemnify the state or political subdivision against
20that liability and against all reasonable attorney fees and expenses incurred in
21defending the action.
AB768,3 22Section 3. 939.22 (22) of the statutes is amended to read:
AB768,5,223 939.22 (22) "Peace officer" means any person vested by law with a duty to
24maintain public order or to make arrests for crime, whether that duty extends to all

1crimes or is limited to specific crimes. "Peace officer" includes a commission warden
2and a university police officer, as defined in s. 175.42 (1) (b).
AB768,5,33 (End)
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