A bipartisan bill seeks to change the crime of impersonating a police officer from a misdemeanor to a felony. The move comes after several instances in Wisconsin and the killing of a lawmaker in Minnesota.

By Annie Pulley, THE BADGER PROJECT

A bill that would hike the penalty for impersonating a police officer in Wisconsin from a misdemeanor to a felony passed the state Assembly and now sits in the state Senate. 

Introduced by a handful of Republicans, the bill has also attracted support from Democratic state Reps. Sylvia Ortiz-Velez of Milwaukee and Ryan Spaude of Ashwaubenon. 

In Wisconsin, a conviction for a Class A misdemeanor — the current penalty for impersonating a police officer — carries up to a $10,000 fine or up to nine months in jail or both. A conviction for a Class I felony, the designation legislators are aiming for, comes with a fine of up to $10,000 and as many as three and a half years in prison.

The Assembly Judiciary Committee hosted a public hearing for the proposal in late September. State Rep. Chuck Wichgers (R-Muskego) spearheaded the testimony and was accompanied by police chiefs from New Berlin and Muskego. 

“No one, including other law enforcement or the people they are helping, should have to worry if a person in uniform is who they appear to be,” Wichgers said at the hearing.

Responding to local law enforcement, legislators took up the proposal after a man was accused of impersonating a federal border patrol agent in New Berlin and Muskego. At the federal level, the crime is already a felony, Wichgers said.

Wichgers highlighted five other recent law enforcement impersonators, including Vance Boelter, who was charged in the June murder of Minnesota State Sen. Melissa Hortman and her husband.

Muskego Police Chief Steve Westphal testified that increasing the penalty is helpful for police because people who pretend to be law enforcement officers usually do so to commit another crime. 

“I would argue that anybody that’s attempting to impersonate an officer has nefarious reasons behind doing so and nefarious intent,” Westphal said at the hearing. “Why do I have to wait for them to commit the other crime to get the felony?” 

Organizations lobbying in favor of the bill include the Wisconsin Professional Police Association, Badger State Sheriffs’ Association and the Wisconsin Sheriffs and Deputy Sheriffs Association. 

The bill received unanimous approval from the Assembly committee, which consists of four Republicans and three Democrats. The proposal was referred to the Senate Committee on Judiciary and Public Safety.

The Badger Project is a nonpartisan, citizen-supported journalism nonprofit in Wisconsin.