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2013 - 2014 LEGISLATURE
October 29, 2013 - Introduced by Senators Petrowski, L. Taylor and Lehman,
cosponsored by Representatives Bies, Ballweg, T. Larson, A. Ott, Richards
and Thiesfeldt. Referred to Committee on Transportation, Public Safety, and
Veterans and Military Affairs.
SB373,1,8 1An Act to repeal 165.85 (4m); to renumber 62.09 (15); to renumber and
2amend
61.28; to amend 29.921 (5), 40.02 (48) (b) 4., 60.22 (4), 110.07 (1) (a)
3(intro.), 110.07 (6), 165.85 (2) (d), 165.85 (3) (cm), 165.85 (3) (d), 165.85 (5) (title),
4165.85 (5) (b), 165.86 (1) (c), 165.92 (2) (a), 175.41 (3) (c), 895.46 (1) (b) 1. and
5939.22 (37); to repeal and recreate 165.85 (4) and 165.85 (5) (a); and to create
661.28 (2), 61.29 (3), 62.09 (15) (a), 165.85 (2) (bv), 165.85 (2) (bx), 165.85 (2) (cm),
7165.85 (2) (e) and 165.85 (2) (f) of the statutes; relating to: law enforcement
8standards and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Law Enforcement Standards Board (board) is attached
to the Department of Justice. There are 15 members on the board who serve
four-year terms and, among other duties, establish minimum educational and
training standards for law enforcement officers, tribal law enforcement officers, jail
officers, juvenile detention officers, and constables.
This bill separates the training standards into three distinct categories: 1) the
standards for law enforcement officers and tribal law enforcement officers; 2) the
standards for jail officers; and 3) the standards for juvenile detention officers. Under
the bill, constables and marshals who are given law enforcement duties are subject

to the same training standards as law enforcement officers and tribal law
enforcement officers.
The bill makes several changes to the training and education standards,
including setting forth a training and education protocol for law enforcement
students, recruits, and temporary or probationary employees. Under the bill, law
enforcement officer students and tribal law enforcement officer students are
required to submit fingerprints and undergo a criminal background check. Any
person who has been convicted of a felony or of a misdemeanor related to domestic
violence may not participate in a student training program for becoming a law
enforcement officer or a tribal law enforcement officer. Under the bill, under most
circumstances a recruit or a temporary or probationary employee must complete his
or her training program within the original period of his or her temporary or
probationary employment, not to exceed 12 months, except that the board may
extend that period if the recruit or employer shows good cause for the board to do so.
The bill eliminates specific hour requirements for training and education and
allows the board to determine the specific outcome criteria and training curricula,
including the required subjects, number of hours, objectives, and measures of
performance for the training and education protocol for each category of officer. The
bill requires the board to develop model standards for use by law enforcement
agencies to show handgun proficiency and to include handgun proficiency in the
preparatory program and recertification training. The bill allows the board more
flexibility than exists under current law for determining how law enforcement
agencies are reimbursed for expenses related to training and educating officers.
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:
SB373,1 1Section 1. 29.921 (5) of the statutes is amended to read:
SB373,3,122 29.921 (5) Additional arrest powers. In addition to the arrest powers under
3sub. (1), a warden who has completed a program of law enforcement training
4approved by the law enforcement standards board, has been certified as qualified to
5be a law enforcement officer under s. 165.85 (4) (b) (a) 1. and has complied with any
6applicable requirements under s. 165.85 (4) (bn) 1. (a) 7. while on duty and in uniform
7or on duty and upon display of proper credentials may assist another law
8enforcement agency as defined under s. 165.83 (1) (b) 165.85 (2) (bv) including

1making an arrest at the request of the agency, may arrest a person pursuant to an
2arrest warrant concerning the commission of a felony or may arrest a person who has
3committed a crime in the presence of the warden. If the warden makes an arrest
4without the presence of another law enforcement agency, the warden shall cause the
5person arrested to be delivered to the chief of police or sheriff in the jurisdiction
6where the arrest is made, along with the documents and reports pertaining to the
7arrest. The warden shall be available as a witness for the state. A warden may not
8conduct investigations for violations of state law except as authorized in ss. 23.11 (4),
929.924 (1) and 41.41 (12). A warden acting under the authority of this subsection is
10considered an employee of the department and is subject to its direction, benefits and
11legal protection. The authority granted in this section does not apply to county
12conservation wardens or special conservation wardens.
SB373,2 13Section 2. 40.02 (48) (b) 4. of the statutes is amended to read:
SB373,3,1814 40.02 (48) (b) 4. A "member of the state traffic patrol" includes one division
15administrator in the department of transportation who is counted under s. 230.08
16(2) (e) 12. and whose duties include supervising the state traffic patrol, if the division
17administrator is certified by the law enforcement standards board under s. 165.85
18(4) (b) (a) 1. as being qualified to be a law enforcement officer.
SB373,3 19Section 3. 60.22 (4) of the statutes is amended to read:
SB373,4,220 60.22 (4) Jurisdiction of constable. Shall determine the jurisdiction and
21duties of the town constable. The town board may also require the town constable
22to complete training under s. 165.85 (4m)
A town constable who is given law
23enforcement duties by the town board, and who meets the definition of a law
24enforcement officer under s. 165.85 (2) (c), shall comply with the minimum

1employment standards for law enforcement officers established by the law
2enforcement standards board and shall complete training under s. 165.85 (4) (a) 1
.
SB373,4 3Section 4. 61.28 of the statutes is renumbered 61.28 (1) and amended to read:
SB373,4,154 61.28 (1) The village marshal shall execute and file an official bond. The
5marshal shall possess the powers, enjoy the privileges and be subject to the liabilities
6conferred and imposed by law upon constables, and be taken as included in all writs
7and papers addressed to constables. The marshal shall obey all lawful written orders
8of the village board; and arrest with or without process every person found in the
9village engaged in any disturbance of the peace or violating any law of the state or
10ordinance of the village. The marshal may command all persons present in that case
11to assist, and if any person, being so commanded, refuses or neglects to render
12assistance the person shall forfeit not exceeding $10
. The marshal is entitled to the
13same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee
14is applicable under s. 814.705 (1) (c); for other service rendered the village,
15compensation as the board fixes.
SB373,5 16Section 5. 61.28 (2) of the statutes is created to read:
SB373,4,2117 61.28 (2) A village marshal who is given law enforcement duties by the village
18board, and who meets the definition of a law enforcement officer under s. 165.85 (2)
19(c), shall comply with the minimum employment standards for law enforcement
20officers established by the law enforcement standards board and shall complete
21training under s. 165.85 (4) (a) 1.
SB373,6 22Section 6. 61.29 (3) of the statutes is created to read:
SB373,5,223 61.29 (3) A village constable who is given law enforcement duties by the village
24board, and who meets the definition of a law enforcement officer under s. 165.85 (2)
25(c), shall comply with the minimum employment standards for law enforcement

1officers established by the law enforcement standards board and shall complete
2training under s. 165.85 (4) (a) 1.
SB373,7 3Section 7. 62.09 (15) of the statutes is renumbered 62.09 (15) (b).
SB373,8 4Section 8. 62.09 (15) (a) of the statutes is created to read:
SB373,5,95 62.09 (15) (a) A constable who is given law enforcement duties by the common
6council, and who meets the definition of a law enforcement officer under s. 165.85 (2)
7(c), shall comply with the minimum employment standards for law enforcement
8officers established by the law enforcement standards board and shall complete
9training under s. 165.85 (4) (a) 1.
SB373,9 10Section 9. 110.07 (1) (a) (intro.) of the statutes is amended to read:
SB373,5,1711 110.07 (1) (a) (intro.) The secretary shall employ not more than 399 traffic
12officers. The state traffic patrol consists of the traffic officers, the person designated
13to head them whose position shall be in the classified service and, if certified under
14s. 165.85 (4) (b) (a) 1. as qualified to be a law enforcement officer, the division
15administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include
16supervising the state traffic patrol. The division administrator may not be counted
17under this paragraph. Members of the state traffic patrol shall:
SB373,10 18Section 10. 110.07 (6) of the statutes is amended to read:
SB373,5,2219 110.07 (6) The division administrator who is counted under s. 230.08 (2) (e) 12.
20and whose duties include supervising the state traffic patrol shall be designated
21superintendent of the state traffic patrol, if he or she is certified under s. 165.85 (4)
22(b)
(a) 1. as qualified to be a law enforcement officer.
SB373,11 23Section 11. 165.85 (2) (bv) of the statutes is created to read:
SB373,6,3
1165.85 (2) (bv) "Law enforcement agency" means a governmental unit of this
2state or a political subdivision of this state that employs one or more law enforcement
3officers.
SB373,12 4Section 12. 165.85 (2) (bx) of the statutes is created to read:
SB373,6,95 165.85 (2) (bx) "Law enforcement instructor" means a person who is certified
6by the board to deliver board-approved program outcomes, course competencies,
7performance standards, and learning objectives in training programs and training
8schools for law enforcement officers, tribal law enforcement officers, jail officers, and
9juvenile detention officers.
SB373,13 10Section 13. 165.85 (2) (cm) of the statutes is created to read:
SB373,6,1111 165.85 (2) (cm) "Police pursuit" has the meaning given in s. 85.07 (8) (a).
SB373,14 12Section 14. 165.85 (2) (d) of the statutes is amended to read:
SB373,6,1513 165.85 (2) (d) "Political subdivision" means counties, cities, villages, towns,
14town sanitary districts and, public inland lake protection and rehabilitation
15districts, and technical college districts.
SB373,15 16Section 15. 165.85 (2) (e) of the statutes is created to read:
SB373,6,2017 165.85 (2) (e) "Preservice student" means any person who meets the minimum
18recruitment qualifications set by the board and who enrolls in preparatory training
19under sub. (4) (a) 1. (b) 1., or (c) 1. prior to employment as a law enforcement officer,
20tribal law enforcement officer, jail officer, or juvenile detention officer.
SB373,16 21Section 16. 165.85 (2) (f) of the statutes is created to read:
SB373,6,2522 165.85 (2) (f) "Recruit" means a law enforcement officer, tribal law enforcement
23officer, jail officer, or juvenile detention officer employed on a probationary or
24temporary basis, in compliance with the minimum recruitment qualifications set by
25the board.
SB373,17
1Section 17. 165.85 (3) (cm) of the statutes is amended to read:
SB373,7,202 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or
3juvenile detention officers who terminate employment or are terminated, who
4violate or fail to comply with a rule, policy, or order of the board relating to curriculum
5or training, who falsify information to obtain or maintain certified status, who are
6certified as the result of an administrative error, who are convicted of a felony or of
7any offense that, if committed in Wisconsin, could be punished as a felony, who are
8convicted of a misdemeanor crime of domestic violence, or
who fail to pay
9court-ordered payments of child or family support, maintenance, birth expenses,
10medical expenses, or other expenses related to the support of a child or former
11spouse, or who fail to comply, after appropriate notice, with a subpoena or warrant
12issued by the department of children and families or a county child support agency
13under s. 59.53 (5) and related to paternity or child support proceedings. The board
14shall establish procedures for decertification in compliance with ch. 227, except that
15decertification for failure to pay court-ordered payments of child or family support,
16maintenance, birth expenses, medical expenses, or other expenses related to the
17support of a child or former spouse or for failure to comply, after appropriate notice,
18with a subpoena or warrant issued by the department of children and families or a
19county child support agency under s. 59.53 (5) and related to paternity or child
20support proceedings shall be done as provided under sub. (3m) (a).
SB373,18 21Section 18. 165.85 (3) (d) of the statutes is amended to read:
SB373,8,1522 165.85 (3) (d) Establish minimum curriculum requirements for preparatory
23courses and programs, and recommend minimum curriculum requirements for
24recertification and advanced courses and programs, in schools approved by the board
25and
operated by or for this state or any political subdivision of the state for the

1specific purpose of training law enforcement recruits, law enforcement officers,
2tribal law enforcement recruits, tribal law enforcement officers, jail officer recruits,
3jail officers, juvenile detention officer recruits, or juvenile detention officers in areas
4of knowledge and ability necessary to the attainment of effective performance as an
5officer, and ranging from subjects such as first aid, patrolling, statutory authority,
6techniques of arrest, protocols for official action by off-duty officers, firearms, and
7recording custodial interrogations to subjects designed to provide a better
8understanding of ever-increasing complex problems in law enforcement such as
9human relations, civil rights, constitutional law, and supervision, control, and
10maintenance of a jail or juvenile detention facility. The board shall appoint a
1113-member advisory curriculum advisory committee consisting of 6 chiefs of police
12and 6 sheriffs to be appointed on a geographic basis of not more than one chief of
13police and one sheriff from any one of the 8 state administrative districts
together
14with the director of training of the Wisconsin state patrol. This committee shall
15advise the board in the establishment of the curriculum requirements.
SB373,19 16Section 19. 165.85 (4) of the statutes is repealed and recreated to read:
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