Wisconsin Assembly Bill AB57

Wisconsin 2023-2024 Regular Session

• Introduced: 2/20/23
• Refer: 2/20/23
• Report Pass: 3/13/23
• Refer: 3/13/23
• Engrossed: 3/22/23
• Refer: 3/23/23
• Enrolled: 9/15/23
• Vetoed: 12/6/23
• Refer: 3/13/24
• Failed: 5/15/24

Caption

Dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes.

Impact

If enacted, AB57 would remove some of the discretion historically allowed to prosecutors regarding the dismissal of charges related to covered crimes. Specifically, the bill mandates that a prosecutor cannot dismiss or amend such charges without court approval, ensuring that any changes align with the public's interest in deterring domestic violence and other serious crimes. The bill also prohibits prosecutors from placing defendants in deferred prosecution programs for covered crimes, potentially increasing accountability for offenders and aiming to enhance public safety.

Summary

Assembly Bill 57 is a significant legislative reform in Wisconsin aimed at addressing the treatment of criminal charges related to domestic abuse and other serious offenses. The bill seeks to amend several statutes concerning the dismissal or amendment of certain criminal charges and the conditions under which prosecutors may enter deferred prosecution agreements. It emphasizes the importance of maintaining strict protocols for prosecuting covered crimes, defined within the bill as acts of domestic abuse, violations of restraining orders, and other specified offenses.

Sentiment

The sentiment surrounding AB57 appears to be a mix of support for stronger measures against domestic violence and concerns about the implications for defendants' rights. Supporters, including advocacy groups for domestic violence victims, laud the bill for prioritizing victims' safety and holding offenders accountable. However, critics argue that such restrictions could infringe upon judicial discretion and might lead to overcrowded court dockets, limiting the ability of courts to apply a nuanced approach to justice for defendants, especially in cases that may otherwise warrant leniency.

Contention

Notable points of contention in discussions about AB57 center on the potential consequences of removing prosecutorial discretion. Proponents argue that the bill is necessary to create a more robust legal framework for prosecuting domestic abuse and similar crimes, which have profound public implications. Meanwhile, opponents express concern that the bill may inadvertently lead to outcomes that are not in the interest of justice, citing that mandatory reporting and heightened prosecution may fail to consider the complexities of individual cases, thus risking the fairness of the legal process.