AB937: Bill Text

AB937,6,13 (a) The name, address, gender, and race of the operator of the motor vehicle. The officer shall subjectively select the operator's race from the following list:

AB937,6,14 1. Caucasian.

AB937,6,15 2. African American.

AB937,6,16 3. Hispanic.

AB937,6,17 4. American Indian or Alaska Native.

AB937,6,18 5. Asian or Pacific Islander.

AB937,6,19 (b) The reason the officer stopped or detained the motor vehicle.

AB937,6,20 (c) The make and year of the motor vehicle.

AB937,6,21 (d) The date, time, and location of the motor vehicle stop.

AB937,6,24 (e) Whether or not a law enforcement officer conducted a search of the motor vehicle, the operator, or any passenger and, if so, whether the search was with consent or by other means.

AB937,7,2 (f) The name, address, gender, and race of any person searched, with the officer subjectively selecting the person's race from the list under par. (a).

AB937,7,3 (g) The name and badge number of the officer making the motor vehicle stop.

AB937,7,8 (3) Submission of information collected. All persons in charge of law enforcement agencies shall forward the information obtained under sub. (2) to the department using the form prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

AB937,7,12 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine, both for the state as a whole and for each law enforcement agency, all of the following:

AB937,7,20 1. Whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority compared to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority is disproportionate based on an estimate of the population and characteristics of all persons traveling on state highways, on an estimate of the populations and characteristics of persons traveling on state highways who are violating a law or ordinance, or on some other relevant population estimate.

AB937,7,23 2. A determination as to whether any disproportion found under subd. 1. is the result of racial profiling, racial stereotyping, or other race-based discrimination or selective enforcement.

AB937,8,5 (b) For each year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle stops made during the year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2018, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor, to the commission established under s. 165.847, and to the director of state courts.

AB937,8,13 (5) Rules. The department shall promulgate rules to implement the requirements of this section, including rules prescribing a form for use in obtaining information under sub. (2) and establishing a schedule for forwarding to the department the information obtained. The department shall make the form available to law enforcement agencies. The department may, by rule, require the collection of information in addition to that specified in sub. (2) (a) to (g) if the department determines that the information will help to make the determinations required under sub. (4) (a).

AB937,8,15 (6) Access to records. Information collected under sub. (2) is not subject to inspection or copying under s. 19.35 (1).

AB937,6 Section 6. 165.847 of the statutes is created to read:

AB937,8,18 165.847 Council on racial profiling and other discriminatory policing practices. (1) In this section:

AB937,8,19 (a) "Law enforcement agency" has the meaning given in s. 165.842 (1) (b).

AB937,8,20 (b) "Law enforcement officer" has the meaning given in s. 165.842 (1) (c).

AB937,8,21 (c) "Motor vehicle stop" has the meaning given in s. 165.842 (1) (d).

AB937,8,23 (d) "Racial profiling and other discriminatory policing practices" includes any of the following:

AB937,9,8 1. Any action taken by a law enforcement officer against or toward an individual that relies, to any degree, on the individual's actual or perceived race, color, ethnicity, religion, gender identity or expression, sexual orientation, immigration or citizenship status, language spoken, disability or illness, housing status, occupation or employment status, or socioeconomic status. It is not racial profiling or a discriminatory policing practice for a law enforcement officer to rely on any of the factors listed in this subdivision if the law enforcement officer is relying on the factor because it links the individual to a specific, reliable description of a personally identifying characteristic, location, or behavior of an individual suspected of committing a crime.

AB937,9,11 2. Any action taken, or any formal or informal rule or policy established or enforced by a law enforcement agency, that encourages, allows, or ignores an action described as racial profiling or other discriminatory policing practice in subd. 1.

AB937,9,13 (2) The council on racial profiling and other discriminatory policing practices shall do all of the following:

AB937,9,17 (a) Establish a model policy for law enforcement agencies that prohibits racial profiling and other discriminatory policing practices, including disciplinary action it recommends for a law enforcement officer who engages in racial profiling and other discriminatory policing practices.

AB937,9,22 (b) Develop and distribute to law enforcement agencies a complaint form that law enforcement agencies shall make available to individuals. An individual may use a complaint form developed and distributed under this paragraph to file a written complaint with the council if the individual suspects he or she has been a victim of racial profiling or other discriminatory policing practice.

AB937,9,25 (c) Investigate written complaints filed by individuals who allege that a law enforcement officer or law enforcement agency committed an act of racial profiling or other discriminatory policing practice.

AB937,10,3 (d) If the council finds that there is probable cause to believe that a law enforcement officer or law enforcement agency committed an act of racial profiling or other discriminatory policing practice, it shall:

AB937,10,5 1. Refer the matter to the law enforcement agency that employs the law enforcement officer for disciplinary action against the officer.

AB937,10,8 2. Refer the matter to the attorney general for possible action pursuant to s. 165.10 on behalf of the individual against the law enforcement officer or law enforcement agency.

AB937,7 Section 7. 165.85 (4) (a) 1. of the statutes is amended to read:

AB937,11,4 165.85 (4) (a) 1. The board shall establish a preparatory program of law enforcement and tribal law enforcement officer training, which shall include not less than 600 hours of training. The board shall establish criteria for the general program outcomes for the preparatory program. Specifics of the training curriculum, competencies, student learning and performance objectives, particular subjects, and the minimum number of hours for each subject shall be established by written policy of the board. In establishing the preparatory training program, the board shall give due consideration to recommendations made by the curriculum advisory committee, but shall ensure that the program includes training designed to prevent the use of race, racial profiling, racial stereotyping, or other race-based discrimination or selection as a basis for detaining, searching, or arresting a person or for otherwise treating a person differently from persons of other races and shall emphasize that the primary purposes of enforcement of traffic regulations are safety and equal and uniform enforcement under the law. The board may amend the criteria and policies governing the preparatory training program as needed to respond to technological changes affecting law enforcement, additional recommendations made by the curriculum advisory committee, or other conditions affecting the public interest in maintaining training standards of a proper professional character. Notwithstanding s. 227.10 (1), the criteria and policies established under this paragraph need not be promulgated as rules under ch. 227.

AB937,8 Section 8. 814.04 (intro.) of the statutes is amended to read:

AB937,11,10 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.44 (3), 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

AB937,9 Section 9. 893.995 of the statutes is created to read:

AB937,11,13 893.995 Constitutional rights violations; civil remedies. Any civil action arising under s. 895.44 is subject to the limitations of s. 895.44 (1).

AB937,10 Section 10. 895.44 of the statutes is created to read:

AB937,11,24 895.44 Constitutional rights violation; action for. (1) Civil cause of action. Subject to sub. (2), in lieu of or in addition to obtaining any remedy available under any other law or the Wisconsin constitution, a person who is injured by an act of racial profiling and other discriminatory policing practices, as defined in s. 165.847 (1) (d), or by another violation of article I of the Wisconsin constitution may bring an action against any person that caused the injury, including the state or any political subdivision of the state, for appropriate injunctive relief, compensatory and punitive damages, and reasonable costs, expert witness fees, and attorney fees. An action under this subsection shall be commenced within 6 years after the violation occurred or within the time specified in sub. (2), if applicable, or be barred.

AB937,12,9 (2) Election of remedies. If an action is commenced under sub. (1), the person commencing the action may not pursue an administrative remedy for the same injury. If a person pursues an administrative remedy for an injury described in sub. (1), he or she may not elect to commence an action under sub. (1) for the same injury unless the action is commenced not less than 24 hours before the scheduled final administrative hearing on the matter and the person notifies the administrative agency conducting the hearing of that action within that period. On receipt of that notification, the administrative agency shall dismiss the person's administrative complaint without prejudice.

AB937,12,14 (3) Remedies. In an action under sub. (1), the court may issue a permanent or temporary injunction or restraining order restraining any person from violating article I of the Wisconsin constitution and may order any other relief that the court considers appropriate, including compensatory and punitive damages and reasonable costs, expert witness fees, and attorney fees.

AB937,11 Section 11. Nonstatutory provisions.

AB937,12,20 (1) Council on racial profiling and other discriminatory policing practices; initial terms. Notwithstanding the length of terms specified under section 15.257 (3) (intro.) of the statutes, as created by this act, the governor shall appoint initial members of the council on racial profiling and other discriminatory policing practices as follows:

AB937,12,22 (a) The members under section 15.257 (3) (a) 1., 3., 5., and 7. and (c) of the statutes, as created by this act, for terms expiring on July 1, 2018.

AB937,12,24 (b) The members under section 15.257 (3) (a) 2., 4., and 6. and (b) of the statutes, as created by this act, for terms expiring on July 1, 2019.

AB937,12 Section 12. Initial applicability.

AB937,13,2 (1) Constitutional rights violations. This act first applies to a constitutional rights violation committed on the effective date of this subsection.

AB937,13 Section 13. Effective date.

AB937,13,4 (1) This act takes effect on July 1, 2016.

AB937,13,5 (End)