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Wisconsin Legislature: AB441: Bill Text
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AB441: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4042/1
CMH:ads/cjs/skw
2025 ASSEMBLY BILL 441
September 19, 2025 - Introduced by Representatives
Ortiz-Velez
,
Madison
,
Prado
,
Clancy
,
Rivera-Wagner
,
Miresse
,
Phelps
,
Hong
,
Tenorio
,
Moore Omokunde
,
Taylor
,
Brown
,
DeSanto
,
Kirsch
,
Mayadev
,
Arney
,
Bare
and
Haywood
, cosponsored by Senators
L. Johnson
,
Carpenter
,
Larson
,
Roys
and
Drake
. Referred to Committee on Criminal Justice and Public Safety.
AB441,1,2
1
An Act
to create
946.685 of the statutes;
relating to:
identity requirements
2
for officers who arrest or detain individuals and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires law enforcement officers, or people acting in coordination with a law enforcement agency, to identify themselves when arresting or detaining an individual. Specifically, the bill requires them to identify themselves as officers or agents and display their name and badge number; to provide authority for the arrest or detention; and to not cover their faces or use another disguise for the purpose of concealing their identity. The bill exempts certain face coverings worn for safety or protection. A person who violates a requirement created in the bill is guilty of a Class D felony. The bill, however, provides that the new felony carries only the $100,000 maximum fine and prohibits the court from imposing a term of imprisonment for the felony.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB441,1
3
Section
1
.
946.685 of the statutes is created to read:
AB441,2,2
1
946.685
Identification of law enforcement officer when detaining or
2
arresting.
(1)
In this section:
AB441,2,8
3
(a) “Law enforcement agency” means a governmental unit of one or more
4
persons employed full time by the federal government, a state, or a political
5
subdivision of a state for the purpose of preventing and detecting crime and
6
enforcing federal or state laws or local ordinances, employees of which unit are
7
authorized to make arrests for crimes while acting within the scope of their
8
authority.
AB441,2,14
9
(b) “Law enforcement officer” means any person who is employed by a law
10
enforcement agency for the purpose of detecting and preventing crime and
11
enforcing laws or ordinances and who is authorized to make arrests for violations of
12
the laws or ordinances the person is employed to enforce, whether that enforcement
13
authority extends to all laws or ordinances or is limited to specific laws or
14
ordinances.
AB441,2,17
15
(2)
A law enforcement officer, or a person acting in coordination with a law
16
enforcement agency, shall do all of the following when arresting or detaining an
17
individual:
AB441,2,19
18
(a) Identify themselves as a law enforcement officer or a person acting in
19
coordination with a law enforcement agency.
AB441,2,24
20
(b) Display their surname, badge number, and agency insignia on their
21
uniform or badge. The surname and badge number must have a 4.5:1 color contrast
22
ratio and the insignia must display the name of the agency that employs or
23
supervises the law enforcement officer or person in letters that are at least 1.5
24
inches tall and 0.5 inches wide.
AB441,3,1
1
(c) Provide the authority for the arrest or detention.
AB441,3,8
2
(d) Not cover their faces or use another disguise for the purpose of concealing
3
their identity. This paragraph does not apply to medical-grade masks or
4
respirators worn to prevent the transmission of airborne diseases or to protect
5
against exposure to smoke, gas, or other natural hazards when there is an
6
imminent danger of transmission or exposure or to special weapons and tactics
7
team officers who wear gear issued by a law enforcement agency to protect their
8
faces from physical harm while performing their duties.
AB441,3,10
9
(3)
A person who violates sub. (2) is guilty of a Class D felony, except that,
10
notwithstanding s. 939.50 (3) (d), the court may not impose a term of imprisonment.
AB441,3,11
11
(end)
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