summary
Introduced
02/05/2025
02/05/2025
In Committee
05/27/2025
05/27/2025
Crossed Over
03/18/2025
03/18/2025
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
Under current law, a district attorney has the discretion as to whether or not to issue a complaint to charge a person with a crime. Current law also provides that, if a district attorney refuses to issue a complaint against a person, a judge may conduct a hearing to determine if there is probable cause to believe that the person committed a crime and, if so, issue a complaint. Under this bill, when there is an officer-involved death, which is a death that results directly from an action or an omission of a law enforcement officer, and the district attorney determined there was no basis to prosecute the officer, a court may not issue a complaint against the involved officer unless there is new or unused evidence presented.
AI Summary
This bill modifies Wisconsin law regarding criminal complaints in cases of officer-involved deaths, which are defined as deaths directly resulting from an action or omission of a law enforcement officer. Currently, district attorneys have discretion in deciding whether to file criminal charges, and judges can issue complaints if a district attorney declines to do so. Under this proposed legislation, if a district attorney determines there is no basis to prosecute an officer involved in such a death, a circuit court may not permit filing a criminal complaint against that officer unless new or unused evidence is presented. The bill amends specific sections of Wisconsin statutes (968.02 and 968.26) to codify this restriction, effectively creating an additional legal barrier to prosecuting law enforcement officers in cases where the district attorney has already determined no criminal charges are warranted. The bill would apply to determinations made by district attorneys from the effective date of the legislation, potentially limiting judicial review of officer-involved death cases where prosecutors have already declined to press charges.
Committee Categories
Justice
Sponsors (20)
Julian Bradley (R)*,
Dan Feyen (R)*,
Rob Hutton (R)*,
Steve Nass (R)*,
Patrick Testin (R)*,
Cory Tomczyk (R)*,
Van Wanggaard (R)*,
David Armstrong (R),
Elijah Behnke (R),
Robert Brooks (R),
Barbara Dittrich (R),
Robert Donovan (R),
Cindi Duchow (R),
Brent Jacobson (R),
Clint Moses (R),
Dave Murphy (R),
William Penterman (R),
Jim Piwowarczyk (R),
Duke Tucker (R),
Chuck Wichgers (R),
Last Action
Read first time and referred to committee on Rules (on 05/27/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb25 |
| SB25 ROCP for Committee on Judiciary and Public Safety On 2/18/2025 | https://docs.legis.wisconsin.gov/2025/related/records/senate/judiciary_and_public_safety/1903302.pdf |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB25.pdf |
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