SB160: Bill Text

LRB-2120/1

CMH:sac:jm

2013 - 2014 LEGISLATURE

2013 Senate BILL 160

April 25, 2013 - Introduced by Senators Petrowski, Gudex, Carpenter, Hansen, Harris, Jauch, Lehman, Olsen, Risser and Shilling, cosponsored by Representatives Jacque, Kerkman, Richards, Berceau, Bernard Schaber, Bernier, Bies, Billings, Brooks, Czaja, Genrich, Hebl, Hintz, Kaufert, Kleefisch, Kolste, Loudenbeck, A. Ott, Schraa, Sinicki and C. Taylor. Referred to Committee on Transportation, Public Safety, and Veterans and Military Affairs.

SB160,1,7 An Act to renumber 49.165 (4) and 165.93 (4); to renumber and amend 968.075 (4); to amend 7.08 (10), 165.85 (4) (b) 1d. a., 950.01, 968.075 (4) (title), 968.075 (8) and 968.075 (9) (a) 2. and (b); and to create 49.165 (4) (b), 165.85 (2) (as), 165.85 (4) (cp), 165.93 (4) (b), 968.075 (4) (a) (intro.), 968.075 (4) (a) 2. and 968.075 (9) (a) 1m. of the statutes; relating to: training standards for law enforcement officers regarding domestic abuse incidents and complaints, and law enforcement reports following a domestic abuse incident.

Analysis by the Legislative Reference Bureau

Current law generally requires a law enforcement officer to arrest a person if the officer has reasonable grounds to believe that the person has committed domestic abuse and that the person's actions constitute the commission of a crime. If the law enforcement officer does not arrest a person under these conditions, the officer must prepare a written report stating why the person was not arrested. The report must be sent to the district attorney's office and the district attorney must review the report to determine whether to charge the person. The district attorney must submit a report to the Department of Justice (DOJ) that lists the number of such arrests and the number of prosecutions and convictions resulting from the arrests. Under this bill, if the law enforcement officer does not make an arrest because he or she did not have reasonable grounds to believe that the person had committed domestic abuse or that the person's acts constituted the commission of a crime, the officer must also prepare a report that states why he or she lacked reasonable grounds to believe one of those factors. In addition, under this bill, the district attorney must include on the report to DOJ, the number of responses made by law enforcement to an incident involving domestic abuse that did not result in an arrest and the number of prosecutions and convictions of persons on those reports for a crime involving domestic abuse.

Under current law, a person must complete a preparatory program of law enforcement training that is approved by the law enforcement standards board before being appointed as a law enforcement officer. Any training program must include an adequate amount of training to enable the person to deal effectively with domestic abuse incidents. This bill requires the law enforcement standards board to establish standards for the training of law enforcement officers in handling domestic abuse incidents. The training must include the following: 1) the law enforcement officer's duty to protect the victim, to enforce all criminal laws in a domestic abuse incident, and to arrest the predominant aggressor if a crime has been committed; 2) the law enforcement officer's duty to inform the victim of shelters and services, give him or her notice of legal rights and remedies, explain how to file a petition for a domestic abuse or harassment injunction, and explain that he or she may contact a district attorney; and 3) the law enforcement officer's option to arrange transportation for the victim to go to the hospital or to a place of safety.

Under current law, each district attorney's office must have written policies that encourage the prosecution of domestic abuse offenses. The policies must include a policy indicating that a decision not to prosecute a domestic abuse incident may not be based solely upon the absence of visible indications of injury, upon the victim's consent to any prosecution of the other person, or upon the relationship of the persons involved in the incident.

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:

SB160,1 Section 1. 7.08 (10) of the statutes is amended to read:

SB160,2,5 7.08 (10) Domestic abuse and sexual assault service providers. Provide to each municipal clerk, on a continuous basis, the names and addresses of organizations that are certified under s. 49.165 (4) (a) or 165.93 (4) (a) to provide services to victims of domestic abuse or sexual assault.

SB160,2 Section 2. 49.165 (4) of the statutes is renumbered 49.165 (4) (a).

SB160,3 Section 3. 49.165 (4) (b) of the statutes is created to read:

SB160,3,4 49.165 (4) (b) The department shall make available to law enforcement agencies a current list containing the name and address of each organization that is eligible to receive grants under sub. (2).

SB160,4 Section 4. 165.85 (2) (as) of the statutes is created to read:

SB160,3,6 165.85 (2) (as) "Domestic abuse" has the meaning given in s. 968.075 (1) (a).

SB160,5 Section 5. 165.85 (4) (b) 1d. a. of the statutes is amended to read:

SB160,3,12 165.85 (4) (b) 1d. a. An adequate amount of training to enable the person being trained to deal effectively with Training on the handling of domestic abuse incidents and complaints, including training that addresses the emotional and psychological effect that domestic abuse has on victims that is consistent with the standards established under par. (cp).

SB160,6 Section 6. 165.85 (4) (cp) of the statutes is created to read:

SB160,3,16 165.85 (4) (cp) The board shall establish standards for the training of law enforcement officers in effectively handling domestic abuse incidents. The board shall ensure that the training includes all of the following:

SB160,3,19 1. The law enforcement officer's duty to protect the victim; to enforce all criminal laws with regard to a domestic abuse incident; and to adhere to all of the requirements under s. 968.075.

SB160,3,21 2. The emotional and psychological effects that domestic abuse has on its victims.

SB160,3,23 3. The law enforcement officer's duty to prepare a complete offense report as required under s. 968.075 (4) (a).

SB160,4,9 4. The law enforcement officer's duty, if the law enforcement officer has reasonable grounds to believe that a person is committing or has committed domestic abuse, to inform the victim of the availability of shelters and services in his or her community, including using lists available under ss. 49.165 (4) (b) and 165.93 (4) (b); give notice of legal rights and remedies available to him or her; explain the procedure for filing a petition for an injunction under s. 813.12 or 813.125; and provide him or her with a statement that reads substantially as follows, "If you are the victim of domestic abuse, you may ask the district attorney to file a criminal complaint. You may also file a petition under s. 813.12 of the Wisconsin statutes for a domestic abuse injunction or under s. 813.125 of the Wisconsin statutes for a harassment injunction."

SB160,4,12 5. The law enforcement officer's option to arrange transportation for a victim, at the request of the victim to the hospital for treatment of injuries or to a place of safety or a shelter.

SB160,7 Section 7. 165.93 (4) of the statutes is renumbered 165.93 (4) (a).

SB160,8 Section 8. 165.93 (4) (b) of the statutes is created to read:

SB160,4,17 165.93 (4) (b) The department shall make available to law enforcement agencies a current list containing the name and address of each organization that is eligible to receive grants under sub. (2).

SB160,9 Section 9. 950.01 of the statutes is amended to read:

SB160,5,7 950.01 Legislative intent. In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of such citizen cooperation to state and local law enforcement efforts and the general effectiveness and well-being of the criminal justice system of this state, the legislature declares its intent, in this chapter, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy and sensitivity; and that the rights extended in this chapter to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors and judges in a manner no less vigorous than the protections afforded criminal defendants. This chapter does not prohibit a public official, employee, or agency from sharing information with victim service organizations that are eligible to receive grants under s. 49.165 (2) or 165.93 (2). Nothing in this chapter shall be construed to impair the exercise of prosecutorial discretion.

SB160,10 Section 10. 968.075 (4) (title) of the statutes is amended to read:

SB160,5,9 968.075 (4) (title) Report and action required where no arrest.

SB160,11 Section 11. 968.075 (4) of the statutes is renumbered 968.075 (4) (a) 1. and amended to read:

SB160,5,16 968.075 (4) (a) 1. If a law enforcement officer does not make an arrest under this section when the officer has reasonable grounds to believe that a person is committing or has committed domestic abuse and that person's acts constitute the commission of a crime, the officer shall prepare a written report stating state in the report why the person was not arrested. The

SB160,5,20 (b) A report under par. (a) shall be sent to the district attorney's office, in the county where the acts took place, immediately after investigation of the incident has been completed. The district attorney shall review the report to determine whether the person involved in the incident should be charged with the commission of a crime.

SB160,12 Section 12. 968.075 (4) (a) (intro.) of the statutes is created to read:

SB160,5,25 968.075 (4) (a) (intro.) If a law enforcement officer responds to a situation in which domestic abuse was reported or the law enforcement officer knew, or should have known, that domestic abuse was involved, and does not make an arrest under this section, the law enforcement officer shall prepare a written report as follows:

SB160,13 Section 13. 968.075 (4) (a) 2. of the statutes is created to read:

SB160,6,6 968.075 (4) (a) 2. If a law enforcement officer does not make an arrest under this section because he or she did not have reasonable grounds to believe that a person is committing or has committed domestic abuse or that the person's acts constitute the commission of a crime, the officer shall state in the report why the officer did not have reasonable grounds to believe one of those factors.

SB160,14 Section 14. 968.075 (8) of the statutes is amended to read:

SB160,6,14 968.075 (8) Education and training. Any education and training by the law enforcement agency relating to the handling of domestic abuse incidents and complaints shall stress enforcement of criminal laws in domestic abuse incidents and protection of the alleged victim conform to the standards established under s. 165.85 (4) (cp). Law enforcement agencies and community organizations with expertise in the recognition and handling of domestic abuse incidents shall cooperate in all aspects of the training.

SB160,15 Section 15. 968.075 (9) (a) 1m. of the statutes is created to read:

SB160,6,17 968.075 (9) (a) 1m. The number of responses law enforcement made that involved a domestic abuse incident that did not result in an arrest.

SB160,16 Section 16. 968.075 (9) (a) 2. and (b) of the statutes are amended to read:

SB160,6,22 968.075 (9) (a) 2. The number of subsequent prosecutions and convictions of the persons arrested for domestic abuse incidents, and the number of subsequent prosecutions and convictions of the persons not initially arrested for domestic abuse incidents as reported under sub. (4) (a) 2.

SB160,7,3 (b) The listing of the number of arrests, responses, prosecutions, and convictions under par. (a) shall include categories by statutory reference to the offense involved and include totals for all categories.

SB160,7,4 (End)