2023 - 2024 LEGISLATURE
LRB-2484/1
EVM:emw&skw
2023 ASSEMBLY BILL 426
September 19, 2023 - Introduced by Representatives SORTWELL, PENTERMAN,
BALDEH, MELOTIK, OHNSTAD and ORTIZ-VELEZ, cosponsored by Senator JAMES.
Referred to Committee on Criminal Justice and Public Safety.
1 AN ACT to repeal 66.0501 (1); to amend 66.0511 (title); and to create 66.0511
2 (1) (am), 66.0511 (1) (ar), 66.0511 (1) (c) and 66.0511 (4) of the statutes; relating
3 to: eligibility for appointment as a law enforcement or correctional officer.
Analysis by the Legislative Reference Bureau
Under current law, no person may be appointed as a deputy sheriff of any
county or police officer of any city, village, or town unless that person is a citizen of
the United States. This bill provides that no person may be appointed as a law
enforcement officer or correctional officer unless that person is legally eligible to
work in that position in the United States and, if the person is not a citizen of the
United States, has been lawfully present in the United States for the six consecutive
years preceding appointment. The bill specifies, however, that noncitizen holders of
A-3, N-8, or N-9 visas may not be appointed to any of these positions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
4 SECTION 1. 66.0501 (1) of the statutes is repealed.
5 SECTION 2. 66.0511 (title) of the statutes is amended to read:
6 66.0511 (title) Law enforcement agency policies on use of force and
7 citizen complaint procedures agencies.
 2023 - 2024 Legislature -2- LRB-2484/1
EVM:emw&skw
ASSEMBLY BILL 426 SECTION 3
1 SECTION 3. 66.0511 (1) (am) of the statutes is created to read:
2 66.0511 (1) (am) “Correctional officer” has the meaning given in s. 102.475 (8)
3 (a).
4 SECTION 4. 66.0511 (1) (ar) of the statutes is created to read:
5 66.0511 (1) (ar) “Jail officer” has the meaning given in s. 165.85 (2) (bn).
6 SECTION 5. 66.0511 (1) (c) of the statutes is created to read:
7 66.0511 (1) (c) “Law enforcement officer” has the meaning given in s. 165.85
8 (2) (c).
9 SECTION 6. 66.0511 (4) of the statutes is created to read:
10 66.0511 (4) EMPLOYMENT ELIGIBILITY. (a) No person may be appointed as a
11 correctional officer, jail officer, or law enforcement officer unless that person is legally
12 eligible to work in that position in the United States and, if the person is not a citizen
13 of the United States, has been lawfully present in the United States for the 6
14 consecutive years preceding appointment.
15 (b) Notwithstanding par. (a), no person who is an alien within a class of
16 nonimmigrant aliens under 8 USC 1101 (a) (15) (A) (iii) or (N) (i) or (ii) may be
17 appointed as a correctional officer, jail officer, or law enforcement officer.
18 (c) This subsection does not apply to common carriers.
19 (END)


Statutes affected:
Bill Text: 66.0501(1), 66.0501, 66.0511(title), 66.0511