LRB-2398/1
RAC:ahe&wlj
2015 - 2016 LEGISLATURE
June 5, 2015 - Introduced by Representatives Barnes,
Zamarripa, Subeck,
Berceau, Bowen, Brostoff, Goyke, Johnson, Kessler, Ohnstad, Pope,
Riemer, Spreitzer, C. Taylor and Sargent, cosponsored by Senators Harris
Dodd, Vinehout and Lassa. Referred to Committee on State Affairs and
Government Operations.
AB260,1,3
1An Act to create 13.0995 of the statutes;
relating to: requiring racial impact
2statements for bills that create a new crime, modify an existing crime, or modify
3the penalty for an existing crime.
Analysis by the Legislative Reference Bureau
This bill provides that any bill that creates a new crime, modifies an existing
crime, or modifies the penalty for an existing crime must have a racial impact
statement. The racial impact statement must be prepared by the Joint Review
Committee on Criminal Penalties (JRCCP). Under the bill, JRCCP may obtain the
assistance of any agency in the executive branch of state government in preparing
the racial impact statement.
The bill requires that a racial impact statement include an estimate of the
number of criminal cases per year that the bill will affect, the impact of the bill on
members of racial minority groups, the effect of the bill on the operations of
correctional institutions, and any other matter JRCCP considers appropriate. In
preparing the racial impact statement, JRCCP must also issue a finding as to
whether the bill has a disparate impact on members of racial minority groups. The
racial impact statement must be printed as an appendix to the bill and distributed
in the same manner as amendments.
Under the bill, if JRCCP finds that a bill will have a disparate impact on
members of racial minority groups, the author of the bill must either offer an
amendment to the bill to reduce the disparate impact of the bill on members of racial
minority groups or provide in writing his or her reasons for advancing the bill
without amendment despite the disparate impact of the bill on members of racial
minority groups.
Finally, under the bill, no house of the legislature may pass a bill that creates
a new crime, modifies an existing crime, or modifies the penalty for an existing crime
without a racial impact statement and without any applicable actions required of the
bill's author.
For further information see the state 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:
AB260,1
1Section
1. 13.0995 of the statutes is created to read:
AB260,2,4
213.0995 Racial impact statements. (1) Any bill that creates a new crime,
3modifies an existing crime, or modifies the penalty for an existing crime shall carry
4a racial impact statement.
AB260,2,10
5(2) The joint review committee on criminal penalties shall prepare the racial
6impact statement. The joint review committee on criminal penalties may obtain the
7assistance of any agency in the executive branch of state government in preparing
8the racial impact statement. If requested for assistance, an agency shall promptly
9provide all necessary information to the joint review committee on criminal
10penalties.
AB260,3,2
11(3) The racial impact statement prepared under sub. (2) shall include an
12estimate of the number of criminal cases per year that the bill will affect, the impact
13of the bill on members of racial minority groups, the effect of the bill on the operations
14of correctional institutions, and any other matter the joint review committee on
15criminal penalties considers appropriate. In preparing the racial impact statement,
16the joint review committee on criminal penalties shall issue a finding as to whether
17the bill has a disparate impact on members of racial minority groups. The racial
1impact statement shall be printed as an appendix to the bill and shall be distributed
2in the same manner as amendments.
AB260,3,6
3(4) After a proposed bill has been drafted, the legislative reference bureau shall
4inform the requester if a racial impact statement is required when it submits the
5draft to the requester. A bill that requires a racial impact statement shall have the
6requirement noted on the jacket when the jacket is prepared.
AB260,3,9
7(5) If the joint review committee on criminal penalties finds that a bill will have
8a disparate impact on members of racial minority groups, the author of the bill shall
9do either of the following:
AB260,3,1410
(a) Offer an amendment to the bill to reduce the disparate impact of the bill on
11members of racial minority groups. If the author offers such an amendment, the
12author shall identify in writing how the amendment would reduce the disparate
13impact of the bill on members of racial minority groups. The written document shall
14be distributed in the same manner as amendments.
AB260,3,1815
(b) Provide in writing his or her reasons for advancing the bill without
16amendment despite the disparate impact of the bill on members of racial minority
17groups. The written document shall be printed as an appendix to the bill and shall
18be distributed in the same manner as amendments.
AB260,3,22
19(6) No house of the legislature may pass a bill that creates a new crime,
20modifies an existing crime, or modifies the penalty for an existing crime without a
21racial impact statement prepared under sub. (2) and, if applicable, without an action
22of the author of the bill under sub. (5).
