J.B. VAN HOLLEN
ATTORNEY GENERAL

Attorney General Van Hollen Promotes Public Safety and Law Enforcement in the Legislature

Through the Department of Justice’s operations, we assist local law enforcement in a variety of ways, including Crime Lab analysis and assisting in criminal investigations. But our support to law enforcement and public safety is more than programmatic. As Attorney General, I am in a unique position to use my office to advocate for legislative initiatives that will support law enforcement and enhance public safety. My and my staff’s work in the legislative arena includes proposing new public safety initiatives, enhancing or clarifying existing law to benefit the administration of criminal justice, and working to modify or oppose measures that may interfere with legitimate law enforcement practices.

Below are some examples of my efforts to promote public safety and law enforcement in the legislature this past session:

DOJ Budget Initiatives: DNA, Internet Crimes, and Medicaid Fraud

After years of budget cuts at the Department of Justice, at my request and with the support of law enforcement, the Governor and Legislature agreed to enhance DOJ’s resources to process DNA cases, investigate and analyze Internet crimes against children, and investigate Medicaid Fraud. My requests differed remarkably from the requests submitted by the Department prior to my election, but they reflect my priorities: supporting local law enforcement and enhancing DOJ’s ability to complement local law enforcement in areas requiring specialized resources.

The Wisconsin Crime Alert Network

In January, with many members of the law enforcement community at my side, I proposed an electronic network that would allow us in the law enforcement community to send crime alerts to participating members of the business community to help us solve more crimes. The network would operate without general tax revenue or involuntary fees. It was through a similar network in Minnesota that a participating hotel reported activity and helped law enforcement safely recover four Wisconsin children who had been abducted and taken to Minnesota last year. The legislation, authored by Representative Garey Bies in the Assembly and Senator Jeff Plale in the Senate, cleared the Assembly and the Senate committees reviewing the bill, but was not brought to the Senate floor for a vote. I hope that in the next session we can work together to get this passed.

TIME System Access To Drivers’ Photos

State Representative Kitty Rhoades authored a bill this session that would allow DOJ to access DOT drivers’ license photos so that law enforcement could have real time access to those photos through e-TIME. I have heard from many of you as I’ve traveled the state that the present inability to electronically access DOT photos is a concern. Many other states have this capability, and the many public safety benefits – to officers and the communities they serve – are plain. I agreed to use DOJ settlement funds to pay for the technical improvements required at DOJ so the cost to the treasury would be minimal. The bill passed the Assembly, but got stuck in a Senate committee without a hearing. Hopefully, this important measure will be considered again next session.

Concealed Carry For Retired Law Enforcement Officers

The federal government passed an act, commonly referred to as HR-218, which allows retired law enforcement officers meeting statutory qualifications to carry concealed weapons upon being issued the proper credentials. Implementation of HR-218 at the local level in Wisconsin has been sporadic, due primarily to legal uncertainty and liability concerns. Though I believe HR-218 provides all that is needed for a local jurisdiction to issue appropriate credentials, I also believe that a state law would have the benefit of providing a roadmap for implementation and protect agencies against unwarranted exposure to liability. After extensive initial consultation with police groups throughout the state, my staff worked on a bill with Representative Don Friske that would expand retired law enforcement’s ability to carry without disrupting local law enforcement’s ability to set appropriate training qualifications for their departments or create a new state bureaucracy. Unfortunately, the legislation did not receive a vote in either legislative body, primarily due to timing. I believe that we should be able to move the appropriate legislation in the next session.

I chose to allocate my time and the time of my legislative staff to these areas in part because I heard from many of you about the significance of these problems. Hearing from you about the desirability of having electronic access to TIME photos or clarifying the law as it relates to HR-218 helps me prioritize the efforts of my legislative staff to do what is best for law enforcement. And I want to continue to encourage you to share your ideas with me and my staff about changes to the law that you believe may make our communities safer.

I truly believe that law enforcement’s opinion matters in Madison. Many legislators value your perspective on legislation that concerns public safety. I know I do. I also know that the legislative process can sometimes appear difficult to access from the outside. There are times when we may be able to help you navigate that process.

I encourage you to contact Kevin St. John, DOJ’s Special Assistant Attorney General For Public Affairs and Policy, or Gary Hamblin, DOJ’s Administrator for Law Enforcement Services, if you have ideas about new initiatives requiring legislation or ideas about making changes to existing law that will promote public safety. There are many areas where the Department of Justice’s interests are closely aligned with yours and together, we may be able to move on common initiatives more successfully than if we work independently.

I look forward to hearing from you and working together to continue to improve public safety in Wisconsin.

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