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Bill > AB34


WI AB34

Court-issued criminal complaints in officer-involved deaths.


summary

Introduced
02/17/2025
In Committee
05/29/2025
Crossed Over
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 statutes to limit the circumstances under which a court can issue a criminal complaint against a law enforcement officer involved in an officer-involved death. Specifically, if a district attorney determines there is no basis to prosecute an officer in an officer-involved death (defined elsewhere as a death directly resulting from an officer's action or omission), a circuit court may not file a complaint against that officer unless new or unused evidence is presented. The bill amends two sections of state law (968.02 and 968.26) to add this restriction, effectively preventing judges from independently issuing criminal complaints against officers in such cases when the district attorney has already decided not to prosecute. The changes will apply to determinations made by district attorneys from the act's effective date forward, providing a new procedural limitation on how officer-involved death cases can be pursued through the criminal justice system. The bill appears designed to provide additional legal protection for law enforcement officers in cases where initial investigations have found no prosecutable misconduct.

Committee Categories

Justice

Sponsors (22)

Last Action

Referred to committee on Rules (on 05/29/2025)

bill text


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