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Wisconsin Legislature: SB730: Bill Text
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SB730: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5482/1
CMH:emw
2025 SENATE BILL 730
December 2, 2025 - Introduced by Senators
L. Johnson
and
Larson
, cosponsored by Representatives
Hong
,
Madison
,
Moore Omokunde
,
Clancy
,
Cruz
,
Phelps
,
Tenorio
and
Arney
. Referred to Committee on Judiciary and Public Safety.
SB730,1,5
1
An Act
to renumber and amend
165.85 (3) (cm);
to amend
165.85 (3m) (c),
2
165.85 (4) (c) 7. and 175.44 (2) (b) (intro.);
to create
165.85 (3m) (am) 1m. and
3
165.85 (4m) of the statutes;
relating to:
decertification of law enforcement,
4
jail, or juvenile detention officers and tactical emergency medical services
5
professionals and the use of force by law enforcement officers.
Analysis by the Legislative Reference Bureau
Current law provides the circumstances under which a law enforcement officer may use force. Under current law, a law enforcement officer must make every effort to preserve and protect human life and the safety of all persons. Law enforcement officers may use force that is objectively reasonable based on the totality of the circumstances, including the severity of the crime, if the suspect poses an imminent threat, or if the suspect is actively resisting or evading arrest by flight. This bill adds that a law enforcement officer must use skills and tactics, including de-escalation tactics, that minimize the likelihood that force will become necessary and that a law enforcement officer who is authorized to use force must use the least amount of force necessary to address the threat.
Current law allows the Law Enforcement Standards Board to decertify law enforcement officers, tribal law enforcement officers, tactical emergency medical services professionals, jail officers, or juvenile detention officers for a variety of reasons such as if the person violates a rule or policy of LESB, falsifies information for certification, or is convicted of certain crimes. This bill requires LESB to decertify the persons for the current law reasons and adds the following to the list of reasons for decertification: 1) violating or not complying with the law governing the use of force and 2) terminating employment while under investigation for committing an act of official misconduct. Under the bill, a person who is decertified while under investigation for committing an act of official misconduct may not be recertified unless the person receives a waiver from the police commission or police and fire commission, if applicable, or the governing body, of the jurisdiction in which he or she seeks employment and corresponding recertification. The bill also requires that LESB decertify persons within 30 days after the relevant event that is the cause for decertification.
The bill requires LESB to develop a model use of force policy for law enforcement agencies to use in addition to complying with the law governing the use of force. The model policy must address interactions with individuals with mental disorders, alcohol or drug problems, dementia disorders, and developmental disabilities; limit the use of force against vulnerable populations; and include other best practices that LESB identifies.
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:
SB730,1
1
Section
1
.
165.85 (3) (cm) of the statutes is renumbered 165.85 (3m) (am),
2
and 165.85 (3m) (am) (intro.), 1. and 2., as renumbered, are amended to read:
SB730,2,6
3
165.85
(3m)
(am) (intro.)
Decertify
Within 30 days after the relevant event,
4
decertify
law enforcement officers, tribal law enforcement officers, tactical
5
emergency medical services professionals, jail officers, or juvenile detention officers
6
who do any of the following:
SB730,2,9
7
1. Resign employment in lieu of termination or are terminated for just cause
8
under any applicable provision of law
, unless the board determines under sub. (3m)
9
(c) that decertification on this ground is not necessary
.
SB730,3,2
1
2. Violate or fail to comply with a rule, policy, or order of the board relating to
2
curriculum, training, or recruitment
or violate or fail to comply with s. 175.44
.
SB730,2
3
Section
2
.
165.85 (3m) (am) 1m. of the statutes is created to read:
SB730,3,11
4
165.85
(3m)
(am) 1m. Terminate employment while under investigation for
5
an alleged act of official misconduct. An officer decertified under this subdivision
6
may not be certified in the future unless the officer is granted a waiver either by the
7
police commission or police and fire commission, if applicable, of the jurisdiction in
8
which the officer seeks employment and corresponding recertification or by the
9
governing body, as defined in s. 66.0309 (1) (a), of the city, village, town, or county of
10
the jurisdiction in which the officer seeks employment and corresponding
11
recertification.
SB730,3
12
Section
3
.
165.85 (3m) (c) of the statutes is amended to read:
SB730,3,17
13
165.85
(3m)
(c) Establish procedures for decertification under
sub. (3) (cm)
14
par. (am)
in compliance with ch. 227, except that decertification for an action
15
described under
sub. (3) (cm)
par. (am)
8. shall be done as provided under par. (a).
16
The procedures shall include a process for reviewing a resignation in lieu of
17
termination or a termination for just cause.
SB730,4
18
Section
4
.
165.85 (4) (c) 7. of the statutes is amended to read:
SB730,3,22
19
165.85
(4)
(c) 7. Any person employed and certified as a jail officer on July 1,
20
1994, is certified as a juvenile detention officer and remains certified as a juvenile
21
detention officer subject to annual recertification requirements under subd. 6. and
22
the board’s decertification
authority
requirements
under sub.
(3) (cm)
(3m) (am)
.
SB730,5
23
Section
5
.
165.85 (4m) of the statutes is created to read:
SB730,4,3
1
165.85
(4m)
Best practices.
The board shall develop, and review at least
2
once every 2 years, a model use of force policy for law enforcement agencies to use in
3
addition to complying with s. 175.44 that does all of the following:
SB730,4,5
4
(a) Addresses interactions with individuals with mental disorders, alcohol or
5
drug problems, dementia disorders, and developmental disabilities.
SB730,4,8
6
(b) Limits the use of force against vulnerable populations, including children,
7
elderly individuals, pregnant women, individuals with physical or mental
8
disabilities, and individuals with limited English proficiency.
SB730,4,9
9
(c) Includes other best practices that the board identifies.
SB730,6
10
Section
6
.
175.44 (2) (b) (intro.) of the statutes is amended to read:
SB730,4,17
11
175.44
(2)
(b)
Use of force.
(intro.) When using force, a law enforcement
12
officer is required to act in good faith to achieve a legitimate law enforcement
13
objective.
A law enforcement officer shall use skills and tactics, including de-
14
escalation tactics, that minimize the likelihood that force will become necessary.
A
15
law enforcement officer is authorized to use force
that is the least amount of force
16
necessary to address a threat safely and
that is objectively reasonable based on the
17
totality of the circumstances, including:
SB730,7
18
Section
7
. Initial applicability.
SB730,4,21
19
(
1
)
Mandatory decertification.
The treatment of s. 165.85 (3) (cm) and
20
(3m) (am) 1m. first applies to events that occur on the effective date of this
21
subsection.
SB730,4,22
22
(end)
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