SB 714

This bill creates a number of requirements under Wisconsin's public records

law in connection with certain records relating to law enforcement officers.

Under the bill, all of the following records are subject to disclosure under the

public records law without prior notice to the record subject:

1. Any record relating to the report, investigation, or findings of any incident

involving the discharge of a firearm at a person by a law enforcement officer or an

incident in which the use of force by a law enforcement officer against a person

resulted in death or in great bodily harm.

2. Any record relating to an incident in which a sustained finding was made

that a law enforcement officer engaged in sexual assault involving a member of the

public. The bill defines “sustained finding” to mean “a final determination by an

investigating agency, commission, board, hearing officer, or arbitrator, following an

investigation and opportunity for an administrative appeal, if applicable, that the

conduct of a law enforcement officer violated law or law enforcement agency policy.”

3. Any record relating to an incident in which a sustained finding was made

that a law enforcement officer used unreasonable or excessive force.

4. Any record relating to an incident in which a sustained finding was made

that a law enforcement officer failed to intervene against another officer using force

that was clearly unreasonable or excessive.

5. Any record relating to an incident in which a sustained finding was made of

dishonesty by a law enforcement officer directly relating to the reporting,

investigation, or prosecution of a crime, or directly relating to the reporting or

investigation of misconduct by another law enforcement officer, including any

sustained finding of perjury, false statements, filing false reports, or the destruction,

falsification, or concealment of evidence.

6. Any record relating to an incident in which a sustained finding was made

that a law enforcement officer engaged in conduct, including verbal statements,

writings, online posts, recordings, or gestures, involving prejudice or discrimination

against a person on the basis of race, religious creed, color, national origin, ancestry,

physical disability, mental disability, medical condition, genetic information, marital

status, sex, gender, gender identity, gender expression, age, sexual orientation, or

military or veteran status.

7. Any record relating to an incident in which a sustained finding was made

that a law enforcement officer made an unlawful arrest or conducted an unlawful

search.

Under the bill, subject to a number of exceptions, a record of an incident

specified above that is the subject of an active criminal or administrative

investigation may be withheld.

Under the bill, records subject to disclosure above may be withheld or redacted

for any of the following purposes: