AB 937

This bill addresses racial profiling and other discriminatory policing practices

as a violation of an individual's rights and allows for the Department of Justice (DOJ)

and an individual to pursue a civil action if an individual's civil rights are violated.

Constitutional rights and civil actions

Article I of the Wisconsin Constitution guarantees certain rights, including the

right to life, liberty, and the pursuit of happiness; to freedom of speech, assembly, and

religion; to petition the government; to a trial by jury; to a remedy for all wrongs; to

be treated with fairness, dignity, and respect if a crime victim; to be secure from

unreasonable searches and seizures; to keep and bear arms; and to fish, hunt, trap,

and take game. Article I also guarantees a criminal defendant the rights to counsel,

to confront his or her accusers, to a speedy and public trial, to due process of law, to

reasonable bail, and to habeas corpus and prohibits double jeopardy,

self-incrimination, and cruel and unusual punishment. In addition, Article I

prohibits ex post facto laws, laws impairing the obligation of contract, and the taking

of property for public use without just compensation (Article I rights).

This bill permits a person to bring a civil action in circuit court for violation of

his or her Article I rights against any person that caused the injury, including the

state or any political subdivision of the state, within six years after the alleged Article

I rights violation. Under the bill, the circuit court may issue an injunction or

restraining order and may order any other relief the court considers appropriate,

including compensatory and punitive damages and reasonable costs, expert witness

fees, and attorney fees. This civil action remedy is in addition to any other remedy

under current law.

The bill also creates a council within DOJ that is charged with investigating

claims of racial profiling and other discriminatory policing practices. Under the bill,

racial profiling and other discriminatory practices include any action taken by a law

enforcement officer, against or toward an individual that relies, to any degree, on the

individual's actual or perceived race, color, ethnicity, religion, gender identity or

expression, sexual orientation, immigration or citizenship status, language spoken,

disability or illness, housing status, occupation or employment status, or

socioeconomic status. However, it is not racial profiling or a discriminatory policing

practice for a law enforcement officer to rely on any of those factors if the factor links

the individual to a specific, reliable description of an individual suspected of

committing a crime.

Under the bill, if the council finds probable cause that an act of racial profiling

or other discriminatory policing practice occurred, it may refer the matter to the law

enforcement agency that employs the offending officer for disciplinary action against

the officer and may refer the matter to DOJ for civil action as a violation of the

individual's Article I rights. The bill authorizes DOJ to bring an action in court to

obtain equitable or injunctive relief in order to protect the civil rights of individuals.