WisconsinCourts would review charge changes for specified crimes
The failed measure would require court approval for charge changes in specified cases and bar deferred prosecution when covered crimes are alleged or charged.
What it does
For specified crimes, prosecutors could dismiss or change a charge only with court approval. The court would have to find the change consistent with deterring those crimes.
Prosecutors could not use deferred prosecution when a complaint or charging document alleges a covered crime, or when a person is charged with one.
District attorney's offices would have to set a policy on carrying out the stated goal of vigorous prosecution for covered crimes.
Argument forCourt review could help keep charges for covered crimes from being dropped or changed without considering the public interest in deterring those crimes.
Argument againstPeople accused of covered crimes could lose access to charge changes or deferred prosecution, even when a prosecutor thinks those options fit the case.
More detail
A prosecutor could dismiss or change a charge for a covered crime only with court approval. Covered crimes include specified domestic abuse, vehicle theft, abuse of older or at-risk adults, sexual assault, crimes against children, certain firearm offenses, and certain intoxicated-driving offenses. The prosecutor would have to explain the request to the court. The court could approve it only if it found the change consistent with deterring covered crimes and the stated goal of vigorous prosecution. If a court approved one or more such requests in a year, it would have to report each approval and its reasons to legislative committees. The measure would apply to complaints, charging documents, or charges filed on its effective date; the text gives no calendar date for that date.
A prosecutor could not place a person in deferred prosecution for a covered crime. The bar covers the crimes listed in the measure, including specified domestic abuse, sexual assault, crimes against children, certain firearm offenses, and certain intoxicated-driving offenses. The bar would apply if a complaint or charging document alleged the covered crime, or if the person was charged with one. The measure would apply to complaints, charging documents, or charges filed on its effective date; the text gives no calendar date for that date.
A district attorney's office would have to set a policy on carrying out the stated goal of vigorous prosecution for covered crimes. The policy concerns how the office carries out that goal for covered crimes. The measure would apply to complaints, charging documents, or charges filed on its effective date; the text gives no calendar date for that date.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 13Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82Latest
- May 12Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)
- 2025
- Nov 3Report vetoed by the Governor Tony Evers on 10-31-2025Major
- Oct 30Presented to the Governor on 10-30-2025To Governor
- Oct 15Report correctly enrolledMinor
- Oct 15Received from Assembly concurred inMinor
- Oct 14Ordered immediately messaged
- Vote recorded CONCURRENCE. Result: pass.Lower
- Vote recorded SHALL THE DECISION OF THE CHAIR STAND. Result: pass.Lower
- Oct 14Read a third time and concurred in, Ayes 53, Noes 43, Paired 2Passed House
- Oct 14Rules suspended
- Oct 14Ordered to a third readingMinor
- Oct 14Decision of the Chair upheld, Ayes 53, Noes 43
- Oct 14Decision of the Chair appealed
- Oct 14Point of order that Assembly Amendment 1 not germane under Assembly Rule 54 (3)(f) well taken
- Oct 14Assembly Amendment 1 offered by Representative UdellMinor
- Oct 14Read a second timeMinor
- Oct 14Rules suspended to withdraw from calendar and take upMajor
- Oct 9Placed on calendar 10-14-2025 by Committee on Rules
- Apr 24Read first time and referred to committee on RulesMinor
- Apr 22Received from SenateMinor
- Vote recorded PASSAGE. Result: pass.Upper
- Apr 22Ordered immediately messaged
- Apr 22Read a third time and passed, Ayes 18, Noes 15Passed Senate
- Apr 22Rules suspended to give bill its third reading
- Apr 22Ordered to a third readingMinor
- Apr 22Senate Amendment 2 adoptedMajor
- Apr 22Senate Amendment 1 adoptedMajor
- Apr 22Read a second timeMinor
- Apr 18Placed on calendar 4-22-2025 pursuant to Senate Rule 18(1)
- Apr 15Available for scheduling
- Vote recorded Report adoption of Senate Amendment 2 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3. Result: pass.Upper
- Vote recorded Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3. Result: pass.Upper
- Vote recorded Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3. Result: pass.Upper
- Apr 15Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3Minor
- Apr 15Report adoption of Senate Amendment 2 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3Major
- Apr 15Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3Major
- Apr 15Executive action taken
- Apr 11Senate Amendment 2 offered by Senators Hutton and WimbergerMinor
- Mar 13Public hearing held
- Mar 10Senate Amendment 1 offered by Senator HuttonMinor
- Feb 26Read first time and referred to Committee on Judiciary and Public SafetyMinor
- Feb 26Introduced by Senators Hutton, Nass and Tomczyk; cosponsored by Representatives B. Jacobson, Behnke, Brill, Dittrich, Donovan, Duchow, Gundrum, Knodl, Kreibich, Krug, Moses, Murphy, Mursau and WichgersIntroduced
Criminal Justice