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Bills from the 2011–12 session

Assembly Bill 173

Local ordinances, determining the lawful presence of a person arrested for or charged with a crime or certain civil violations, and providing a penalty

Topics: Alien, County: Ordinance, Court: Procedure, Immigration, Jail, Municipality: Ordinance, Police, Public assistance, Town: Laws, Village: Ordinance

Stopped in committee

It never got a ⁠, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Jun 8, 2011

  2. Committee, stopped here

    Stopped here. No public hearing was held.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ⁠”

It never got a hearing in the Assembly Committee on Homeland Security and State Affairs. See every bill that never got a hearing this session.

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill requires a law enforcement officer to have a federal agency, or a person authorized by a federal agency, determine whether a person who is arrested for or charged with a crime or civil violation is lawfully present in the state if the officer has reasonable suspicion that the person is not lawfully present. Under the bill, a law enforcement officer may not consider a person's race, color, or national origin except as permitted under the U.S. and the Wisconsin constitutions. The bill states that if a person refuses or fails to provide identification at the time he or she is arrested for or charged with a crime or civil violation, that refusal or failure can give rise to reasonable suspicion that the person is not lawfully present.

Under the bill, a person who cannot prove his or her lawful presence may be held in secured custody for up to 48 hours to allow the person to obtain documentation of his or her lawful presence. The bill specifies the kinds of documentation that are satisfactory to prove lawful presence. Under the bill, no state or local law enforcement officer may verify a person's lawful presence unless he or she has been authorized by the federal government to do so. If the person produces the required documentation, he or she may be released.

Read the full summary

Under the bill, a law enforcement agency must transport a person who cannot produce documentation that he or she is lawfully present to a federal immigration or border patrol agency. Under the bill, this can be done before the person is tried for a crime or, if the person is convicted of a crime, after the person's discharge from jail or prison. The bill allows counties to seek reimbursement for jail costs from a person who was held in secured custody because he or she could not provide proof of lawful presence.

Further, the bill prohibits a city, village, town, or county (political subdivision) from enacting an ordinance, adopting a resolution, or establishing a policy that would prohibit an employee from inquiring whether an individual who receives public services is lawfully present in the state, notifying the federal government of the presence of aliens who are not lawfully present, or acting according to or complying with state law regarding arrested persons who are not lawfully present.

Under the bill, a private citizen who believes that a political subdivision is not complying with these requirements may petition for a writ of mandamus requiring compliance, and, if a court finds that a political subdivision has failed to comply, the political subdivision must forfeit $500 for each day of noncompliance.

Who's behind it

6 lawmakers are its ⁠. All 6 are Republicans.

2 more lawmakers ⁠.

See all 8 names

Authors (6)

Signed on in support (2)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

What happened

  1. Mar 23, 2012

    The session ended, and the bill died with it.

  2. Aug 23, 2011

    1 more representative signed on in support.

  3. Jul 7, 2011

    A state agency sent in its estimate of the cost.

  4. Jul 6, 2011

    A state agency sent in its estimate of the cost.

  5. Jun 27, 2011

    A state agency sent in its estimate of the cost.

  6. Jun 8, 2011

    Sent to the Assembly Committee on Homeland Security and State Affairs.

  7. Jun 8, 2011

    Introduced in the Assembly.

See the official record, word for word
  1. Jun 8, 2011 · Assembly

    Introduced by Representatives Pridemore, Wynn, LeMahieu, Kleefisch, Steineke and Jacque;Cosponsored by Senator Lasee

  2. Jun 8, 2011 · Assembly

    Read first time and referred to committee on Homeland Security and State Affairs

  3. Jun 27, 2011 · Assembly

    Fiscal estimate received

  4. Jul 6, 2011 · Assembly

    Fiscal estimate received

  5. Jul 7, 2011 · Assembly

    Fiscal estimate received

  6. Aug 23, 2011 · Assembly

    Representative Craig added as a coauthor

  7. Mar 23, 2012 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate