Wisconsin 2021-2022 Regular Session Status: To Executive Bipartisan · 13 R · 1 D cosponsors

AB 334 — Relating to: drug testing of law enforcement officers involved in certain critical incidents while on duty. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

67 added · 12 removed

Plain-language change summary

The amendment to Bill AB 334 clarifies the circumstances under which law enforcement officers must undergo drug and alcohol testing after critical incidents. It specifies that testing is required for officers whose actions actually caused death or serious injury or who discharged a firearm at a person. This change is significant because it ensures that testing is clearly tied to the officer's actions in serious situations, which can promote accountability and transparency in law enforcement practices. Additionally, the amendment establishes a defined effective date for the bill, ensuring that everyone is aware of when these new policies will start to take effect.

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- 2022 LEGISLATURE LRBa0567/1 EVM:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 334 June 1, 2021 - Offered by RepresentativesTEINEKE and STUBBS.
- 2022 LEGISLATURE LRB-2724/1 EVM:amn ASSEMBLY BILL 334 May 18, 2021 - Introduced by Representatives S TEINEKE , TUBBS , ARMSTRONG , B ALDEH , CABRAL-GUEVARA , CABRERA , EDMING, GOYKE , GUNDRUM , KITCHENS, K RUG , URTZ , OUDENBECK , MACCO, MILROY, MOSES, MURSAU , NOVAK, PETRYK, S CHRAA, SPIROS, TEFFEN , WITTKE and ZIMMERMAN , cosponsored by Senators W ANGGAARD , .
At the locations indicated, amend the bill as follows:
TAYLOR, B ALLWEG and C OWLES .
Referred to Committee on Criminal Justice and Public Safety.
A N A CT to renumber and amend 66.0511 (1);
to amend 66.0511 (title);
and to create 66.0511 (1) (b) and 66.0511 (4) of the statutes;
relating to:
drug testing of law enforcement officers involved in certain critical incidents while on duty.
Analysis by the Legislative Reference Bureau This bill requires law enforcement agencies to adopt a written policy regarding drug and alcohol testing following an officer-involved critical incident.
An “officer-involved critical incident" is an incident that occurs in the performance of a law enforcement officer's official duties and in which either 1) the actions of the officer result in death or great bodily harm to a person or 2) the officer discharges a firearm at a person.
The written policy must require that a law enforcement officer who is involved in an officer-involved critical incident submit to drug and alcohol testing following the incident and that the testing be completed as soon as practicable.
The bill also requires that the drugs to be tested for include, at least, alcohol, amphetamines, cannabis or cannabinoids, opiates, cocaine, phencyclidine (PCP), and anabolic steroids.
For further information see the 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:
- 2022 Legislature - 2 - LRB-2724/1 EVM:amn ASSEMBLY BILL 334 SECTION 1 SECTION 1.
66.0511 (title) of the statutes is amended to read:
66.0511 (title) Law enforcement agency policies on use of force and citizen complaint procedures agencies.
SECTION 2.
66.0511 (1) of the statutes is renumbered 66.0511 (1) (intro.) and amended to read:
66.0511 (1) DEFINITIONDEFINITIONS.(intro.) In this section, “law:
(a) “Law enforcement agency" has the meaning given under s.
165.83 (1) (b).
SECTION 3.
66.0511 (1) (b) of the statutes is created to read:
66.0511 (1) (b) “Officer-involved critical incident" means an incident that occurs in the performance of a law enforcement officer's official duties and in which any of the following occurs:
Page 2, line 20:
The actions of the law enforcement officer result in death or great bodily harm, as defined in s.
delete “who is involved" and substitute “whose actions caused death or great bodily harm or who discharged a firearm at a person".
939.22 (14), to a person.
Page 3, line 7:
The law enforcement officer discharges a firearm at a person.
after that line insert:
SECTION 4.
“SECTION 5.0Effective date.
66.0511 (4) of the statutes is created to read:
(1) This act takes effect on the first day of the 6th month beginning after publication.”.
66.0511 (4) D RUG AND ALCOHOL TESTING.
Each person in charge of a law enforcement agency shall adopt a written policy regarding drug and alcohol testing following an officer-involved critical incideThe written policy under this subsection shall require all of the following:
(a) That each law enforcement officer who is involved in an officer-involved critical incident submit to drug and alcohol testing following the incident.
(b) That the drug and alcohol testing under par.
(a) be completed as soon as practicable after the officer-involved critical incident.
(c) That the drug and alcohol testing under par.
(a) include testing for the presence and concentration of at least all of the following substances:
LRB-2724/1 - 2022 Legislature - 3 - EVM:amn S ECTION4 ASSEMBLY BILL 334 1.
Alcohol.
2.
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Amphetamines.
3.
Cannabis or cannabinoids.
4.
Opiates.
5.
Cocaine.
6.
Phencyclidine.
7.
Anabolic steroids.
View plain text versions (2)

Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Public hearing held

  3. Read first time and referred to committee on Judiciary and Public Safety

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Amendment 2 laid on table, Ayes 58, Noes 38

  10. Assembly Amendment 2 offered by Representatives Bowen, Emerson, Ohnstad, Cabrera, Conley, Considine, Drake, Shelton, Pope, Anderson, Riemer, Baldeh, Sinicki, L. Myers and Hebl

  11. Assembly Amendment 1 adopted

  12. Read a second time

  13. Representative Subeck added as a coauthor

  14. Representative Vruwink added as a coauthor

  15. Placed on calendar 6-16-2021 by Committee on Rules

  16. Referred to committee on Rules

  17. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 15, Noes 0

  18. Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 15, Noes 0

  19. Fiscal estimate received

  20. Representative Ohnstad added as a coauthor

  21. Executive action taken

  22. Assembly Amendment 1 offered by Representatives Steineke and Stubbs

  23. Public hearing held

  24. Read first time and referred to Committee on Criminal Justice and Public Safety

  25. Introduced by Representatives Steineke, Stubbs, Armstrong, Baldeh, Cabral-Guevara, Cabrera, Edming, Goyke, Gundrum, Kitchens, Krug, Kurtz, Loudenbeck, Macco, Milroy, Moses, Mursau, Novak, Petryk, Schraa, Spiros, Steffen, Wittke and Zimmerman; cosponsored by Senators Wanggaard, L. Taylor, Ballweg and Cowles

Sponsors

Sponsorship breakdown

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24 sponsors · 0 co-sponsors · 108 not signed on

Sponsors (24)

Co-sponsors (0)

None.

Not signed on (108)

108 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 334?
AB 334 is sponsored by Zimmerman, Shannon (Republican), Wittke, Robert (Republican), Steffen, David (Republican), Spiros, John (Republican), Schraa, Petryk, Novak, Todd (Republican), Mursau, Jeffrey (Republican), Moses, Clint (Republican), Milroy, Macco, Loudenbeck, Kurtz, Tony (Republican), Krug, Scott (Republican), Kitchens, Joel (Republican), Gundrum, Rick (Republican), Goyke, Edming, Cabrera, Cabral-Guevara, Rachael (Republican), Baldeh, Armstrong, David (Republican), Stubbs, Shelia (Democrat), and Steineke.
What is the current status of AB 334?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 334?
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