2013 - 2014 LEGISLATURE
April 25, 2013 - Introduced by Representatives Jacque, Kerkman, Richards,
Berceau, Bernard Schaber, Bernier, Bies, Billings, Brooks, Czaja,
Genrich, Hebl, Hintz, Kaufert, Kleefisch, Kolste, Loudenbeck, A. Ott,
Schraa, Sinicki and C. Taylor, cosponsored by Senators Petrowski, Gudex,
Carpenter, Hansen, Harris, Jauch, Lehman, Olsen, Risser and Shilling.
Referred to Committee on Public Safety and Homeland Security.
AB175,1,7 1An Act to renumber 49.165 (4) and 165.93 (4); to renumber and amend
2968.075 (4); to amend 7.08 (10), 165.85 (4) (b) 1d. a., 950.01, 968.075 (4) (title),
3968.075 (8) and 968.075 (9) (a) 2. and (b); and to create 49.165 (4) (b), 165.85
4(2) (as), 165.85 (4) (cp), 165.93 (4) (b), 968.075 (4) (a) (intro.), 968.075 (4) (a) 2.
5and 968.075 (9) (a) 1m. of the statutes; relating to: training standards for law
6enforcement officers regarding domestic abuse incidents and complaints, and
7law enforcement reports following a domestic abuse incident.
Analysis by the Legislative Reference Bureau
Current law generally requires a law enforcement officer to arrest a person if
the officer has reasonable grounds to believe that the person has committed domestic
abuse and that the person's actions constitute the commission of a crime. If the law
enforcement officer does not arrest a person under these conditions, the officer must
prepare a written report stating why the person was not arrested. The report must
be sent to the district attorney's office and the district attorney must review the
report to determine whether to charge the person. The district attorney must submit
a report to the Department of Justice (DOJ) that lists the number of such arrests and
the number of prosecutions and convictions resulting from the arrests. Under this
bill, if the law enforcement officer does not make an arrest because he or she did not
have reasonable grounds to believe that the person had committed domestic abuse

or that the person's acts constituted the commission of a crime, the officer must also
prepare a report that states why he or she lacked reasonable grounds to believe one
of those factors. In addition, under this bill, the district attorney must include on the
report to DOJ, the number of responses made by law enforcement to an incident
involving domestic abuse that did not result in an arrest and the number of
prosecutions and convictions of persons on those reports for a crime involving
domestic abuse.
Under current law, a person must complete a preparatory program of law
enforcement training that is approved by the law enforcement standards board
before being appointed as a law enforcement officer. Any training program must
include an adequate amount of training to enable the person to deal effectively with
domestic abuse incidents. This bill requires the law enforcement standards board
to establish standards for the training of law enforcement officers in handling
domestic abuse incidents. The training must include the following: 1) the law
enforcement officer's duty to protect the victim, to enforce all criminal laws in a
domestic abuse incident, and to arrest the predominant aggressor if a crime has been
committed; 2) the law enforcement officer's duty to inform the victim of shelters and
services, give him or her notice of legal rights and remedies, explain how to file a
petition for a domestic abuse or harassment injunction, and explain that he or she
may contact a district attorney; and 3) the law enforcement officer's option to arrange
transportation for the victim to go to the hospital or to a place of safety.
Under current law, each district attorney's office must have written policies
that encourage the prosecution of domestic abuse offenses. The policies must include
a policy indicating that a decision not to prosecute a domestic abuse incident may not
be based solely upon the absence of visible indications of injury, upon the victim's
consent to any prosecution of the other person, or upon the relationship of the
persons involved in the incident.
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:
AB175,1 1Section 1. 7.08 (10) of the statutes is amended to read:
AB175,2,52 7.08 (10) Domestic abuse and sexual assault service providers. Provide to
3each municipal clerk, on a continuous basis, the names and addresses of
4organizations that are certified under s. 49.165 (4) (a) or 165.93 (4) (a) to provide
5services to victims of domestic abuse or sexual assault.
AB175,2 6Section 2. 49.165 (4) of the statutes is renumbered 49.165 (4) (a).
AB175,3
1Section 3. 49.165 (4) (b) of the statutes is created to read:
AB175,3,42 49.165 (4) (b) The department shall make available to law enforcement
3agencies a current list containing the name and address of each organization that is
4eligible to receive grants under sub. (2).
AB175,4 5Section 4. 165.85 (2) (as) of the statutes is created to read:
AB175,3,66 165.85 (2) (as) "Domestic abuse" has the meaning given in s. 968.075 (1) (a).
AB175,5 7Section 5. 165.85 (4) (b) 1d. a. of the statutes is amended to read:
AB175,3,128 165.85 (4) (b) 1d. a. An adequate amount of training to enable the person being
9trained to deal effectively with
Training on the handling of domestic abuse incidents
10and complaints, including training that addresses the emotional and psychological
11effect that domestic abuse has on victims
that is consistent with the standards
12established under par. (cp)
.
AB175,6 13Section 6. 165.85 (4) (cp) of the statutes is created to read:
AB175,3,1614 165.85 (4) (cp) The board shall establish standards for the training of law
15enforcement officers in effectively handling domestic abuse incidents. The board
16shall ensure that the training includes all of the following:
AB175,3,1917 1. The law enforcement officer's duty to protect the victim; to enforce all
18criminal laws with regard to a domestic abuse incident; and to adhere to all of the
19requirements under s. 968.075.
AB175,3,2120 2. The emotional and psychological effects that domestic abuse has on its
21victims.
AB175,3,2322 3. The law enforcement officer's duty to prepare a complete offense report as
23required under s. 968.075 (4) (a).
AB175,4,924 4. The law enforcement officer's duty, if the law enforcement officer has
25reasonable grounds to believe that a person is committing or has committed domestic

1abuse, to inform the victim of the availability of shelters and services in his or her
2community, including using lists available under ss. 49.165 (4) (b) and 165.93 (4) (b);
3give notice of legal rights and remedies available to him or her; explain the procedure
4for filing a petition for an injunction under s. 813.12 or 813.125; and provide him or
5her with a statement that reads substantially as follows, "If you are the victim of
6domestic abuse, you may ask the district attorney to file a criminal complaint. You
7may also file a petition under s. 813.12 of the Wisconsin statutes for a domestic abuse
8injunction or under s. 813.125 of the Wisconsin statutes for a harassment
9injunction."
AB175,4,1210 5. The law enforcement officer's option to arrange transportation for a victim,
11at the request of the victim to the hospital for treatment of injuries or to a place of
12safety or a shelter.
AB175,7 13Section 7. 165.93 (4) of the statutes is renumbered 165.93 (4) (a).
AB175,8 14Section 8. 165.93 (4) (b) of the statutes is created to read:
AB175,4,1715 165.93 (4) (b) The department shall make available to law enforcement
16agencies a current list containing the name and address of each organization that is
17eligible to receive grants under sub. (2).
AB175,9 18Section 9. 950.01 of the statutes is amended to read:
AB175,5,7 19950.01 Legislative intent. In recognition of the civic and moral duty of
20victims and witnesses of crime to fully and voluntarily cooperate with law
21enforcement and prosecutorial agencies, and in further recognition of the continuing
22importance of such citizen cooperation to state and local law enforcement efforts and
23the general effectiveness and well-being of the criminal justice system of this state,
24the legislature declares its intent, in this chapter, to ensure that all victims and
25witnesses of crime are treated with dignity, respect, courtesy and sensitivity; and

1that the rights extended in this chapter to victims and witnesses of crime are honored
2and protected by law enforcement agencies, prosecutors and judges in a manner no
3less vigorous than the protections afforded criminal defendants. This chapter does
4not prohibit a public official, employee, or agency from sharing information with
5victim service organizations that are eligible to receive grants under s. 49.165 (2) or
6165.93 (2).
Nothing in this chapter shall be construed to impair the exercise of
7prosecutorial discretion.
AB175,10 8Section 10. 968.075 (4) (title) of the statutes is amended to read:
AB175,5,99 968.075 (4) (title) Report and action required where no arrest.
AB175,11 10Section 11. 968.075 (4) of the statutes is renumbered 968.075 (4) (a) 1. and
11amended to read:
AB175,5,1612 968.075 (4) (a) 1. If a law enforcement officer does not make an arrest under
13this section when the officer has reasonable grounds to believe that a person is
14committing or has committed domestic abuse and that person's acts constitute the
15commission of a crime, the officer shall prepare a written report stating state in the
16report
why the person was not arrested. The
AB175,5,20 17(b) A report under par. (a) shall be sent to the district attorney's office, in the
18county where the acts took place, immediately after investigation of the incident has
19been completed. The district attorney shall review the report to determine whether
20the person involved in the incident should be charged with the commission of a crime.
AB175,12 21Section 12. 968.075 (4) (a) (intro.) of the statutes is created to read:
AB175,5,2522 968.075 (4) (a) (intro.) If a law enforcement officer responds to a situation in
23which domestic abuse was reported or the law enforcement officer knew, or should
24have known, that domestic abuse was involved, and does not make an arrest under
25this section, the law enforcement officer shall prepare a written report as follows:
AB175,13
1Section 13. 968.075 (4) (a) 2. of the statutes is created to read:
AB175,6,62 968.075 (4) (a) 2. If a law enforcement officer does not make an arrest under
3this section because he or she did not have reasonable grounds to believe that a
4person is committing or has committed domestic abuse or that the person's acts
5constitute the commission of a crime, the officer shall state in the report why the
6officer did not have reasonable grounds to believe one of those factors.
AB175,14 7Section 14. 968.075 (8) of the statutes is amended to read:
AB175,6,148 968.075 (8) Education and training. Any education and training by the law
9enforcement agency relating to the handling of domestic abuse incidents and
10complaints shall stress enforcement of criminal laws in domestic abuse incidents and
11protection of the alleged victim
conform to the standards established under s. 165.85
12(4) (cp)
. Law enforcement agencies and community organizations with expertise in
13the recognition and handling of domestic abuse incidents shall cooperate in all
14aspects of the training.
AB175,15 15Section 15. 968.075 (9) (a) 1m. of the statutes is created to read:
AB175,6,1716 968.075 (9) (a) 1m. The number of responses law enforcement made that
17involved a domestic abuse incident that did not result in an arrest.
AB175,16 18Section 16. 968.075 (9) (a) 2. and (b) of the statutes are amended to read:
AB175,6,2219 968.075 (9) (a) 2. The number of subsequent prosecutions and convictions of
20the persons arrested for domestic abuse incidents, and the number of subsequent
21prosecutions and convictions of the persons not initially arrested for domestic abuse
22incidents as reported under sub. (4) (a) 2
.
AB175,7,3
1(b) The listing of the number of arrests, responses, prosecutions, and
2convictions under par. (a) shall include categories by statutory reference to the
3offense involved and include totals for all categories.
AB175,7,44 (End)
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