Assembly Bill 397
Determining the lawful presence of a person arrested for or charged with a crime or certain civil violations. (FE)
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.
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Introduced, passed
Sep 6, 2023
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Committee, stopped here
Stopped here. No public hearing was held.
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Assembly vote, not reached
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 15, 2024: “Failed to pass pursuant to ”
It never got a hearing in the Assembly Committee on Criminal Justice and Public Safety. See every bill that never got a hearing this session.
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Terms on this page
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. 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
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 determine whether a person who is arrested for or charged with a crime or civil violation is lawfully present in the state. Under the bill, if the officer has reasonable suspicion, based on failure to provide identification, that the person is not lawfully present in the state, the officer must attempt to verify whether the person is lawfully present in the state. If the person produces documentary proof of lawful presence, the law enforcement officer may not further inquire into the citizenship or immigration status of the person.
However, if the person does not provide documentary proof of lawful presence, the law enforcement officer must attempt to verify the person's immigration status with the federal government. Under the bill, a law enforcement officer may not base reasonable suspicion of unlawful presence on a person's race, color, or national origin except as permitted under the U.S. and Wisconsin Constitutions.
Read the full summary Show less
Under the bill, if the person is determined to be unlawfully present in the state, the law enforcement officer must report the person to the appropriate federal immigration authority, must cooperate with the immigration authorities to the greatest extent possible, and, if permitted under federal law, must detain the person until the federal immigration authority can take the person into federal custody.
The bill requires law enforcement agencies to collect data regarding the number of persons charged with a crime or civil violation who are determined to be unlawfully present in the state. The Department of Justice must collect this data and submit a report on the data to the legislature every six months.
Who's behind it
9 representatives are its . All 9 are Republicans.
3 more lawmakers .
See all 12 names Hide the names
Authors (9)
- Dave Armstrong · Republican, Assembly
- Ty Bodden · Republican, Assembly
- Rob Brooks · Republican, Assembly
- Barbara Dittrich · Republican, Assembly
- James Edming · Republican, Assembly
- Rick Gundrum · Republican, Assembly
- Will Penterman · Republican, Assembly
- Nik Rettinger · Republican, Assembly
- Chuck Wichgers · Republican, Assembly
Signed on in support (3)
- Julian Bradley · Republican, Senate
- André Jacque · Republican, Senate
- Steve Nass · Republican, Senate
What happened
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Apr 15, 2024
The session ended, and the bill died with it.
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Sep 6, 2023
Sent to the Assembly Committee on Criminal Justice and Public Safety.
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Sep 6, 2023
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Sep 6, 2023 · Assembly
Introduced by Representatives Gundrum, Armstrong, Bodden, Brooks, Dittrich, Penterman, Rettinger, Wichgers and Edming; cosponsored by Senators Bradley, Jacque and Nass
- Sep 6, 2023 · Assembly
Read first time and referred to Committee on Criminal Justice and Public Safety
- Apr 15, 2024 · 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.
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. 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
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
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor