AB109: Bill Text

February 18, 2021 - Introduced by Representatives Spiros, Armstrong, Brandtjen, Brooks, Cabrera, Moses, Rozar, Thiesfeldt and Wichgers, cosponsored by Senators Wanggaard, L. Taylor, Darling, Cowles, Feyen, Jacque and Roys. Referred to Committee on Government Accountability and Oversight.

AB109,1,4 An Act to renumber 165.845 (1) (intro.), (b) and (c); to renumber and amend 165.845 (1) (a); to amend 165.845 (title) and 165.845 (2); and to create 165.845 (1g), 165.845 (1r) (a) 2. and 165.845 (1r) (d) of the statutes; relating to: reporting of law enforcement use of force incidents.

Analysis by the Legislative Reference Bureau

Current law requires the Department of Justice to collect certain information concerning criminal offenses committed in Wisconsin. This bill requires DOJ to collect data and publish an annual report on law enforcement use of force incidents, including incidents where there was a shooting, where a firearm was discharged in the direction of a person (even if there was no injury), and where other serious bodily harm resulted from the incident. The bill requires certain demographic information to be collected about each such incident, and reported annually by DOJ on its Internet site.

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:

AB109,1 Section 1. 165.845 (title) of the statutes is amended to read:

AB109,2,1 165.845 (title) Collect Collection and reporting of crime data.

AB109,2 Section 2. 165.845 (1) (intro.), (b) and (c) of the statutes are renumbered 165.845 (1r) (intro.), (b) and (c).

AB109,3 Section 3. 165.845 (1) (a) of the statutes is renumbered 165.845 (1r) (a) (intro.) and amended to read:

AB109,2,11 165.845 (1r) (a) (intro.) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The department of justice may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data all of the following:

AB109,2,13 1. Data requested by the federal bureau of investigation under its system of uniform crime reports incident-based reporting for the United States.

AB109,4 Section 4. 165.845 (1g) of the statutes is created to read:

AB109,2,16 165.845 (1g) In this section, “serious bodily harm” has the meaning given in s. 969.001 (2).

AB109,5 Section 5. 165.845 (1r) (a) 2. of the statutes is created to read:

AB109,3,2 165.845 (1r) (a) 2. For any incident involving the shooting of a civilian by a law enforcement officer or the shooting of a law enforcement officer by a civilian; any incident involving the discharge of a firearm by a law enforcement officer at or in the direction of a civilian or the discharge of a firearm by a civilian at or in the direction of a law enforcement officer; and any incident in which an action taken by a law enforcement officer as a response to an act of resistance results in serious bodily harm or death or in which an act of resistance taken by a civilian against a law enforcement officer results in serious bodily harm or death, all of the following information:

AB109,3,4 a. The gender, race, ethnicity, and age of each person who was shot at, injured, or killed.

AB109,3,5 b. The date, time, and location of the incident.

AB109,3,7 c. Whether any civilian involved in the incident was armed and, if he or she was armed, the type of weapon that the civilian had.

AB109,3,10 d. The type of resistance used against the law enforcement officer by the civilian, the type of action taken in response by the officer, and if applicable, the types of weapons used.

AB109,3,11 e. The number of law enforcement officers involved in the incident.

AB109,3,12 f. The number of civilians involved in the incident.

AB109,3,14 g. A brief description regarding the circumstances surrounding the incident, including perceptions on behavior or mental disorders.

AB109,6 Section 6. 165.845 (1r) (d) of the statutes is created to read:

AB109,3,20 165.845 (1r) (d) Publish an annual report using the information collected under par. (a) 2. The reports may be published electronically on the department's Internet site in an interactive format and shall include, at a minimum, all information that is reported to the department by local law enforcement agencies under par. (a) 2.

AB109,7 Section 7. 165.845 (2) of the statutes is amended to read:

AB109,4,3 165.845 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the department of justice with the information described in sub. (1) (1r) (a) on the basis of the forms or instructions or both to be supplied by the department under sub. (1) (1r) (a). The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.

AB109,4,4 (End)