September 2, 2021 - Introduced by Senators Larson, Johnson, L. Taylor and Roys,
cosponsored by Representatives Moore Omokunde, Brostoff, Anderson,
Bowen, Cabrera, Conley, Haywood, L. Myers, Shelton, Sinicki, Snodgrass
and Subeck. Referred to Committee on Judiciary and Public Safety.
SB541,1,4 1An Act to renumber and amend 165.85 (3) (cm); to amend 165.85 (4) (c) 7.;
2and to create 165.85 (3m) (c) 2., 3. and 10. of the statutes; relating to:
3decertification of law enforcement, tribal law enforcement, jail, or juvenile
4detention officers.
Analysis by the Legislative Reference Bureau
Under current law, the Law Enforcement Standards Board may decertify law
enforcement, tribal law enforcement, jail, or juvenile detention officers for a variety
of reasons. This bill provides that the Law Enforcement Standards Board must
decertify officers for those reasons, and adds the following to the list of reasons to
decertify an officer: 1) violating a use of force policy to which the officer is subject,
and 2) terminating employment while under investigation for committing an act of
official misconduct. Officers decertified while under investigation for committing an
act of official misconduct may not be recertified in the future unless the officer
receives a waiver from the police commission or police and fire commission, if
applicable, or the governing body, of the jurisdiction in which he or she seeks
employment and corresponding recertification. The bill also requires that the board
decertify officers within 30 days after the relevant event that is the cause for
decertification.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB541,1
1Section 1. 165.85 (3) (cm) of the statutes is renumbered 165.85 (3m) (c) (intro.)
2and amended to read:
SB541,2,53 165.85 (3m) (c) (intro.) Decertify Within 30 days after the relevant event,
4decertify
law enforcement, tribal law enforcement, jail, or juvenile detention officers
5who terminate do one of the following:
SB541,2,6 61. Terminate employment or are terminated, who violate.
SB541,2,8 74. Violate or fail to comply with a rule, policy, or order of the board relating to
8curriculum or, training, who falsify, or recruitment.
SB541,2,9 95. Falsify information to obtain or maintain certified status, who are.
SB541,2,10 106. Are certified as the result of an administrative error, who are.
SB541,2,12 117. Are convicted of a felony or of any offense that, if committed in Wisconsin,
12could be punished as a felony, who are.
SB541,2,17 138. Are convicted of a misdemeanor crime of domestic violence, or who fail as
14defined in 18 USC 921 (a) (33), or are convicted of domestic abuse, as defined in s.
15968.075 (1) (a), or the conviction is subject to the imposition of the domestic abuse
16surcharge under s. 973.055 (1), regardless of whether any part of the surcharge is
17waived by the court under s. 973.055 (4).
SB541,2,23 189. Fail to pay court-ordered payments of child or family support, maintenance,
19birth expenses, medical expenses, or other expenses related to the support of a child
20or former spouse, or who fail to comply, after appropriate notice, with a subpoena or
21warrant issued by the department of children and families or a county child support
22agency under s. 59.53 (5) and related to paternity or child support proceedings. The
23board shall establish
SB541,3,6 24(d) Establish procedures for decertification under par. (c) in compliance with
25ch. 227, except that decertification for failure to pay court-ordered payments of child

1or family support, maintenance, birth expenses, medical expenses, or other expenses
2related to the support of a child or former spouse or for failure to comply, after
3appropriate notice, with a subpoena or warrant issued by the department of children
4and families or a county child support agency under s. 59.53 (5) and related to
5paternity or child support proceedings
an action described under par. (c) 9. shall be
6done as provided under sub. (3m) par. (a).
SB541,2 7Section 2. 165.85 (3m) (c) 2., 3. and 10. of the statutes are created to read:
SB541,3,88 165.85 (3m) (c) 2. Violate a use-of-force policy to which he or she is subject.
SB541,3,159 3. Terminate employment while under investigation for an alleged act of official
10misconduct. Officers decertified under this subdivision may not be certified in the
11future unless the officer is granted a waiver by the police commission or police and
12fire commission, if applicable, of the jurisdiction in which the officer seeks
13employment and corresponding recertification, or by the governing body, as defined
14in s. 66.0309 (1) (a), of the city, village, town, or county of the jurisdiction in which
15the officer seeks employment and corresponding recertification.
SB541,3,1716 10. For any crime listed in subd. 7. or 8., enter into any of the following if the
17board determines that certification is not in the best interest of the public:
SB541,3,1918 a. A deferred judgment and sentencing agreement or deferred sentencing
19agreement, whether pending or successfully completed.
SB541,3,2120 b. A deferred prosecution agreement, whether pending or successfully
21completed.
SB541,3,2222 c. A pretrial diversion agreement, whether pending or successfully completed.
SB541,3 23Section 3. 165.85 (4) (c) 7. of the statutes is amended to read:
SB541,4,224 165.85 (4) (c) 7. Any person employed and certified as a jail officer on July 1,
251994, is certified as a juvenile detention officer and remains certified as a juvenile

1detention officer subject to annual recertification requirements under subd. 6. and
2the board's decertification authority under sub. (3) (cm) (3m) (c).
SB541,4,33 (End)
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