Chapter 175

175.50(2) (2) Each law enforcement agency shall adopt written policies for using an eyewitness to identify a suspect upon viewing the suspect in person or upon viewing a representation of the suspect. The policies shall be designed to reduce the potential for erroneous identifications by eyewitnesses in criminal cases.

175.50(3) (3) A law enforcement agency shall biennially review policies adopted under this section.

175.50(4) (4) In developing and revising policies under this section, a law enforcement agency shall consider model policies and policies adopted by other jurisdictions.

175.50(5) (5) A law enforcement agency shall consider including in policies adopted under this section practices to enhance the objectivity and reliability of eyewitness identifications and to minimize the possibility of mistaken identifications, including the following:

175.50(5)(a) (a) To the extent feasible, having a person who does not know the identity of the suspect administer the eyewitness’ viewing of individuals or representations.

175.50(5)(b) (b) To the extent feasible, showing individuals or representations sequentially rather than simultaneously to an eyewitness.

175.50(5)(c) (c) Minimizing factors that influence an eyewitness to identify a suspect or overstate his or her confidence level in identifying a suspect, including verbal or nonverbal reactions of the person administering the eyewitness’ viewing of individuals or representations.

175.50(5)(d) (d) Documenting the procedure by which the eyewitness views the suspect or a representation of the suspect and documenting the results or outcome of the procedure.

175.50 History History: 2005 a. 60.

175.50 Annotation Instituting Innocence Reform: Wisconsin’s New Government Experiment. Kruse. 2006 WLR 645.

175.51 175.51 Reports of missing persons and veterans at risk and of hit-and-run incidents.

175.51(1m) (1m) 

175.51(1m)(a) (a) In this subsection, “person at risk” means one of the following:

175.51(1m)(a)1. 1. An adult who has a developmental disability, who suffers from Alzheimer’s disease or dementia, or who suffers from or could, without access to medication, suffer from cognitive impairment if the impairment would likely render the adult incapable of getting to a familiar location without assistance.

175.51(1m)(a)2. 2. A person who has not attained the age of 18 years, whose location is unknown, and whose situation does not qualify for another alert and the person is believed to be incapable of returning home without assistance due to a physical or mental condition or disability or the person has not attained the age of 10 years.

175.51(1m)(b) (b) If a law enforcement agency receives a report of a missing person at risk, the law enforcement agency shall use the form under s. 165.785 (2m) (a) 1. to disseminate the report using the integrated crime alert network.

175.51(1v) (1v) 

175.51(1v)(a) (a) In this subsection, “veteran at risk” means a veteran or an active-duty member of the armed forces, the national guard, or the military reserve forces of the United States who is known, based on the information provided by the person making the report, to have a physical or mental health condition that is related to his or her service.

175.51(1v)(b) (b) If a law enforcement agency receives a report of a missing veteran at risk that is provided within 72 hours of the individual’s disappearance, the law enforcement agency shall use the form under s. 165.785 (2m) (a) 1. and the integrated crime alert network to disseminate the report as soon as practically possible if the law enforcement agency determines that all of the following apply:

175.51(1v)(b)1. 1. There is reason to believe that the veteran at risk is missing due to his or her physical or mental health condition.

175.51(1v)(b)2. 2. There is sufficient information available to disseminate that could assist in locating the missing veteran.

175.51(2m) (2m) If a law enforcement agency receives a report of a violation of s. 346.67 or 346.70 (1), the law enforcement agency shall disseminate the report through the integrated crime alert network if the law enforcement agency determines that all of the following conditions are met.

175.51(2m)(a) (a) A person has been killed due to the accident that is related to the violation.

175.51(2m)(b) (b) The law enforcement agency has additional information that could help identify the person who has allegedly committed the violation or the vehicle involved in the violation.

175.51(2m)(c) (c) An alert could help avert further harm or aid in apprehending the person who allegedly committed the violation.

175.51 History History: 2013 a. 264; 2015 a. 315; 2017 a. 175; 2023 a. 272.

175.55 175.55 Use of drones restricted.

175.55(1) (1) In this section:

175.55(1)(a) (a) “Drone” has the meaning given in s. 114.105 (1) (a).

175.55(1)(b) (b) “Wisconsin law enforcement agency” has the meaning given in s. 165.77 (1) (c) and includes the department of justice and a tribal law enforcement agency.

175.55(2) (2) No Wisconsin law enforcement agency may use a drone to gather evidence or other information in a criminal investigation from or at a place or location where an individual has a reasonable expectation of privacy without first obtaining a search warrant under s. 968.12. This subsection does not apply to the use of a drone in a public place or to assist in an active search and rescue operation, to locate an escaped prisoner, to surveil a place or location for the purpose of executing an arrest warrant, or if a law enforcement officer has reasonable suspicion to believe that the use of a drone is necessary to prevent imminent danger to an individual or to prevent imminent destruction of evidence.

175.55 History History: 2013 a. 213; 2017 a. 322.

175.60 175.60 License to carry a concealed weapon.

175.60(1) (1) Definitions. In this section:

175.60(1)(ac) (ac) “Background check” means the searches the department conducts under sub. (9g) to determine a person’s eligibility for a license to carry a concealed weapon.

175.60(1)(ag) (ag) “Carry” means to go armed with.

175.60(1)(b) (b) “Department” means the department of justice.

175.60(1)(bm) (bm) “Handgun” means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. “Handgun” does not include a machine gun, as defined in s. 941.25 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

175.60(1)(bv) (bv) “Law enforcement agency” does not include the department.

175.60(1)(c) (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

175.60(1)(d) (d) “Licensee” means an individual holding a valid license to carry a concealed weapon issued under this section.

175.60(1)(dm) (dm) “Military resident” means an individual who is in active service in the U.S. armed forces and is stationed in this state for a term that is scheduled to be at least one year in duration.

175.60(1)(e) (e) “Motor vehicle” has the meaning given in s. 340.01 (35).

175.60(1)(f) (f) “Out-of-state license” means a valid permit, license, approval, or other authorization issued by another state if all of the following apply:

175.60(1)(f)1. 1. The permit, license, approval, or other authorization is for the carrying of a concealed weapon.

175.60(1)(f)2. 2. The state is listed in the rule promulgated by the department under s. 165.25 (16) and, if that state does not require a background search for the permit, license, approval, or authorization, the permit, license, approval, or authorization designates that the holder chose to submit to a background search.

175.60(1)(g) (g) “Out-of-state licensee” means an individual who is 21 years of age or over, who is not a Wisconsin resident, and who has been issued an out-of-state license.

175.60(1)(h) (h) “Photographic identification card” means one of the following:

175.60(1)(h)1. 1. An operator’s license issued under ch. 343 or an identification card issued under s. 343.50.

175.60(1)(h)2. 2. A license or card issued by a state other than Wisconsin that is substantially equivalent to a license or card under subd. 1.

175.60(1)(i) (i) “State identification card number” means one of the following:

175.60(1)(i)1. 1. The unique identifying driver number assigned to a Wisconsin resident by the department of transportation under s. 343.17 (3) (a) 4. or, if the Wisconsin resident has no driver number, the number assigned to the Wisconsin resident on an identification card issued under s. 343.50.

175.60(1)(i)2. 2. The unique identifying driver number assigned to a military resident by the military resident’s state or, if the military resident has no driver number, the number assigned to the military resident on an identification card issued by the military resident’s state.

175.60(1)(j) (j) “Weapon” means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), or a billy club.

175.60(2) (2) Issuance and scope of license.

175.60(2)(a) (a) The department shall issue a license to carry a concealed weapon to any individual who is not disqualified under sub. (3) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

175.60(2)(b) (b) The department may not impose conditions, limitations, or requirements that are not expressly provided for in this section on the issuance, scope, effect, or content of a license.

175.60(2)(c) (c) Unless expressly provided in this section, this section does not limit an individual’s right to carry a firearm that is not concealed.

175.60(2)(d) (d) For purposes of 18 USC 922 (q) (2) (B) (ii), an out-of-state licensee is licensed by this state.

175.60(2g) (2g) Carrying a concealed weapon; possession and display of license document or authorization.

175.60(2g)(a) (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r.

175.60(2g)(b) (b)

175.60(2g)(b)1. 1. Unless the licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), a licensee shall have with him or her, during all times he or she is carrying a concealed weapon, his or her license document, photographic identification card, and, if the licensee is a military resident, his or her military license.

175.60(2g)(b)2. 2. Unless the out-of-state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), an out-of-state licensee shall have with him or her his or her out-of-state license and photographic identification card at all times during which he or she is carrying a concealed weapon.

175.60(2g)(c) (c) Unless the licensee or out-of-state licensee is carrying a concealed weapon in a manner described under s. 941.23 (2) (e), upon request by a law enforcement officer who is acting in an official capacity and with lawful authority, a licensee who is carrying a concealed weapon shall display to the officer his or her license document, photographic identification card, and, if the licensee is a military resident, his or her military license, and an out-of-state licensee who is carrying a concealed weapon shall display to the officer his or her out-of-state license and photographic identification card.

175.60(2m) (2m) License document; content of license.

175.60(2m)(a) (a) Subject to pars. (b), (bm), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than September 1, 2011.

175.60(2m)(b) (b) A license document for a license issued under this section shall contain all of the following on one side:

175.60(2m)(b)1. 1. The full name, date of birth, and residence address of the licensee.

175.60(2m)(b)2. 2. A physical description of the licensee, including sex, height, and eye color.

175.60(2m)(b)3. 3. The date on which the license was issued.

175.60(2m)(b)4. 4. The date on which the license expires.

175.60(2m)(b)5. 5. The name of this state.

175.60(2m)(b)6. 6. A unique identification number for each licensee.

175.60(2m)(bm) (bm) The reverse side of a license document issued under this section shall contain the requirement under sub. (11) (b) that the licensee shall inform the department of any address change no later than 30 days after his or her address changes and the penalty for a violation of the requirement.

175.60(2m)(c) (c) The license document may not contain the licensee’s social security number.

175.60(2m)(d) (d)

175.60(2m)(d)1. 1. The contents of the license document shall be included in the document in substantially the same way that the contents of an operator’s license document issued under s. 343.17 are included in that document.

175.60(2m)(d)2. 2. The license document issued under this section shall be tamper proof in substantially the same way that the operator’s license is tamper proof under s. 343.17 (2).

175.60(2m)(e) (e) The department of justice may contract with the department of transportation to produce and issue license documents under this section. Neither the department of transportation nor any employee of the department of transportation may store, maintain, or access the information provided by the department of justice for the production or issuance of license documents other than to the extent necessary to produce or issue the license documents.

175.60(3) (3) Restrictions on issuing a license. The department shall issue a license under this section to an individual who submits an application under sub. (7) unless any of the following applies:

175.60(3)(a) (a) The individual is less than 21 years of age.

175.60(3)(b) (b) The individual is prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

175.60(3)(c) (c) The individual is prohibited from possessing a firearm under s. 941.29.

175.60(3)(d) (d) The court has prohibited the individual from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c).

175.60(3)(e) (e) The individual is on release under s. 969.01 and the individual may not possess a dangerous weapon as a condition of the release.

175.60(3)(f) (f) The individual is not one of the following:

175.60(3)(f)1. 1. A Wisconsin resident.

175.60(3)(f)2. 2. A military resident.