For further information see the state 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:
AB845,1 1Section 1. 13.36 of the statutes is amended to read:
AB845,2,9 213.36 Witness fees. The compensation of all witnesses who are subpoenaed
3and appear pursuant to s. 13.31 or 13.59 (3) shall be $2 for each day's attendance and
410 cents per mile, one way, for travel to attend as such witness. The department of
5administration shall audit the accounts of such witnesses upon the certificate of the
6chairperson of the committee before which any such witness has attended, stating
7the number of days' attendance and the distance the witness has traveled, and the
8accounts so audited shall be paid out of the state treasury and charged to the
9appropriation for the legislature.
AB845,2 10Section 2. 13.59 of the statutes is created to read:
AB845,2,13 1113.59 Committee on the oversight of law enforcement and
12investigation.
(1) Creation. (a) There is created a joint standing committee on
13the oversight of law enforcement and investigation that shall comprise the following:
AB845,2,1414 1. Two legislators, appointed by the speaker of the assembly.
AB845,2,1515 2. One legislator, appointed by the assembly minority leader.
AB845,2,1616 3. Two legislators, appointed by the senate majority leader.
AB845,2,1717 4. One legislator, appointed by the senate minority leader.
AB845,2,1918 (b) The committee shall select from among its members a chairperson, a vice
19chairperson, and a secretary.
AB845,2,20 20(2) Powers and duties. (a) The committee shall do all of the following:
AB845,3,2
11. Study issues related to law enforcement technology and investigation of
2crimes.
AB845,3,43 2. Report, from time to time, its findings and its legislative and other
4recommendations to the legislature.
AB845,3,65 3. Report, from time to time, or as the committee finds appropriate, a summary
6of a review conducted under par. (b) 2., 3., or 4.
AB845,3,77 (b) The committee may do all of the following:
AB845,3,98 1. Develop specific recommendations and legislative proposals relating to the
9issues studied under par. (a) 1.
AB845,3,1610 2. Review, for appropriate execution of legislative intent and proper conduct,
11any acquisition, including by purchase, contract, or agreement, by a law enforcement
12agency in this state if the acquisition is of technology services or electronic devices
13that may be used to monitor, track, detect, intercept, or electronically surveil a
14person and that are currently used in Wisconsin by a law enforcement agency and
15may review any use of such technology services and electronic devices by a law
16enforcement agency.
AB845,3,2417 3. Review, for appropriate execution of legislative intent and proper conduct,
18any proposed acquisition, including by purchase, contract, or agreement, by a law
19enforcement agency in this state if the proposed acquisition is of technology services
20or electronic devices that may be used to monitor, track, detect, intercept, or
21electronically surveil a person and that are not currently used in Wisconsin by a law
22enforcement agency. A law enforcement agency that will be party to such a proposed
23acquisition shall notify the committee of the proposed acquisition before executing
24the acquisition.
AB845,4,5
14. Review for appropriateness any proposed transfer of military weapons,
2surveillance equipment, or armaments directly or indirectly from a federal military
3unit to a law enforcement agency in this state. A law enforcement agency that is to
4receive such weapons, equipment, or armaments shall notify the committee of the
5proposed transfer before the transfer takes place.
AB845,4,86 (c) The committee shall have access to investigatory records under s. 19.36 (2)
7and, as provided in s. 968.26 (4) (am), s. 968.26 to the extent that such records are
8necessary or convenient to carry out the committee's powers and duties.
AB845,4,11 9(3) Subpoena power. (a) The committee, by subpoena signed by the
10chairperson, may summon and compel, as necessary or convenient for the committee
11in carrying out its functions under this section, any of the following:
AB845,4,1312 1. The attendance and testimony as a witness of a public official, government
13employee, or private person working as an investigator on behalf of a public entity.
AB845,4,1914 2. The production of evidence or material, regardless of physical form or
15characteristics, on which is written, drawn, printed, spoken, visual, or
16electromagnetic information or on which are recorded or preserved electronically
17generated or stored data, that is being kept by an authority, as defined in s. 19.32 (1),
18a public official, a government employee, or a private person working as an
19investigator on behalf of a public entity.
AB845,4,2220 (b) A subpoena issued under this subsection that compels the attendance and
21testimony of a witness shall state when, where, and before whom the witness is
22required to appear.
AB845,5,223 (c) A subpoena issued under this subsection does not require the signature of
24the presiding officer or a chief clerk. A subpoena issued under this subsection may
25be served by any person and shall be returned to the committee chairperson.

1Subpoenas shall be served and returned as subpoenas from the circuit court are
2served and returned.
AB845,5,63 (d) 1. Summary process to compel the attendance of a person shall be issued
4upon the return of a subpoena issued under this subsection if the committee
5chairperson certifies that any person named in the subpoena failed or neglected to
6appear before the committee as provided in the subpoena.
AB845,5,117 2. The committee chairperson shall sign the summary process under subd. 1.
8and shall direct the process to the sergeant at arms of the house of the committee
9chairperson and command the sergeant at arms "in the name of the state of
10Wisconsin" to arrest and bring the person before the committee. When the arrested
11person is brought before the committee, the person shall testify.
AB845,5,1612 3. When the person arrested under subd. 2. is not testifying before the
13committee, the person shall remain in the custody of the sergeant at arms until the
14committee chairperson certifies that the committee does not wish to examine the
15person further. The legislature may proceed to punish the witness for any contempt
16in not complying with a requirement of this section.
AB845,5,1917 4. The committee chairperson, when ordering any summary process, may also
18direct the sergeant at arms to depute a competent person to execute actions under
19this subsection as provided in s. 13.33.
AB845,5,2320 5. The committee chairperson shall certify every refusal to comply with a
21subpoena issued under this subsection and transmit the certification to his or her
22house. The sergeant at arms shall take the person before the house to be dealt with
23according to law.
AB845,6,3
1(e) A subpoena issued under this subsection may not summon or compel
2production or disclosure of personal identifying information of uncharged persons or
3organizations or of trade secrets.
AB845,6,9 4(4) Meetings. The committee shall hold each meeting that is for the purpose
5of conducting a review under sub. (2) (b) 2., 3., or 4., or for the purpose of deliberating
6matters concerning records accessed under sub. (2) (c), as provided under s. 19.85 (1)
7except that the committee is not required to record in any minutes the motion or the
8vote to convene in closed session. The committee may not conduct any business in
9a closed session except as provided under this subsection.
AB845,3 10Section 3. 175.45 of the statutes is created to read:
AB845,6,20 11175.45 Contracts or agreements entered into by law enforcement
12agencies.
If a law enforcement agency enters into a contract or agreement for a
13purchase that is subject to review under s. 13.59 (2) (b) 2. or 3., the contract or
14agreement shall contain a provision that allows the committee on the oversight of
15law enforcement and investigation to review the contract or agreement and the use
16of technology services or devices. A law enforcement agency shall provide a contract
17or agreement to the committee on the oversight of law enforcement and investigation
18as required under s. 13.59 (2) (b) 2. and shall provide a proposed contract or
19agreement to the committee on the oversight of law enforcement and investigation
20as required under s. 13.59 (2) (b) 3.
AB845,4 21Section 4. 968.26 (4) (am) of the statutes is created to read:
AB845,7,222 968.26 (4) (am) If a judge enters a secrecy order under par. (a), at the conclusion
23of the proceeding, the clerk of circuit court shall notify the committee on the oversight
24of law enforcement and investigation of the proceeding and the record and the
25testimony taken shall then be open to that committee, except that all personal

1identifying information of uncharged persons or organizations and trade secrets
2shall be redacted.
AB845,5 3Section 5. Initial applicability.
AB845,7,64 (1) The treatment of section 175.45 of the statutes first applies to a contract or
5agreement proposed, or a modification, renewal, or extension of a contract or
6agreement proposed, on the effective date of this subsection.
AB845,7,87 (2) The treatment of section 968.26 (4) (am) of the statutes first applies to a
8proceeding that is concluded on the effective date of this subsection.
AB845,7,99 (End)
Loading...
Loading...