Date of enactment:
2023 Senate Bill 517 Date of publication*:
2023 WISCONSIN ACT
AN ACT to renumber and amend 968.02 (3); to amend 968.26 (2) (b), 968.26 (2) (c) and 968.26 (2) (d); and to create
968.02 (3) (b) 2. of the statutes; relating to: court−issued criminal complaints if the person’s actions were in self−
defense.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 968.02 (3) of the statutes is renumbered
968.02 (3) (a) and amended to read:
968.02 (3) (a) If a district attorney refuses or is
unavailable to issue a complaint, a circuit judge may per-
mit the filing of a complaint, if the judge finds there is
probable cause to believe that the person to be charged
has committed an offense after conducting a hearing.
(b) 1. If the a district attorney refuses to issue a com-
plaint, a circuit judge may permit the filing of a com-
plaint, if the judge finds there is probable cause to believe
that the person to be charged has committed an offense
after conducting a hearing. The district attorney has
refused to issue a complaint, he or she shall be informed
of the hearing and may attend. The
(c) A hearing under this subsection shall be ex parte
without the right of cross−examination.
SECTION 2. 968.02 (3) (b) 2. of the statutes is created
to read:
968.02 (3) (b) 2. Notwithstanding subd. 1., a circuit
court may not conduct a hearing or permit the filing of a
complaint if the district attorney refused to issue a com-
plaint because the person to be charged has a defense of
privilege of self−defense or defense of others in accord-
ance with s. 939.48 unless there is new evidence that sup-
ports the charge and, after conducting a hearing to con-
sider the new evidence, the judge finds there is probable
cause to believe that the person did not act in accordance
with s. 939.48. The district attorney shall be informed of
the hearing and may attend.
SECTION 3. 968.26 (2) (b) of the statutes is amended
to read:
968.26 (2) (b) 1. If a district attorney receives a refer-
ral under par. (am), the district attorney shall, within 90
days of receiving the referral, issue charges or refuse to
issue charges.
2. If the district attorney refuses to issue charges, the
district attorney shall forward to the judge in whose juris-
diction the crime has allegedly been committed all law
enforcement investigative reports on the matter that are
in the custody of the district attorney, his or her records
and case files on the matter, and a written explanation
why he or she refused to issue charges. The judge may
require a law enforcement agency to provide to him or her
any investigative reports that the law enforcement
agency has on the matter.
3. The judge shall convene a proceeding as described
under sub. (3) if he or she determines that a proceeding
is necessary to determine if a crime has been committed.
When determining if a proceeding is necessary, the judge
may consider the law enforcement investigative reports,
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 517
the records and case files of the district attorney, and any
other written records that the judge finds relevant. The
judge may not convene a proceeding if the district attor-
ney refused to issue charges because the person to be
charged has a defense of privilege of self−defense or
defense of others in accordance with s. 939.48 unless
there is new evidence that supports that the person did not
act in accordance with s. 939.48 and the judge determines
that a proceeding is necessary.
SECTION 4. 968.26 (2) (c) of the statutes is amended
to read:
968.26 (2) (c) In a proceeding convened under par.
(b) 3., the judge shall subpoena and examine under oath
the complainant and any witnesses that the judge deter-
mines to be necessary and appropriate to ascertain
whether a crime has been committed and by whom com-
mitted. The judge shall consider the credibility of testi-
mony in support of and opposed to the person’s com-
plaint.
SECTION 5. 968.26 (2) (d) of the statutes is amended
to read:
968.26 (2) (d) In a proceeding convened under par.
(b) 3., the judge may issue a criminal complaint if the
judge finds sufficient credible evidence to warrant a pros-
ecution of the complaint. The judge shall consider, in
addition to any testimony under par. (c), the law enforce-
ment investigative reports, the records and case files of
the district attorney, and any other written reports that the
judge finds relevant.
SECTION 6.0Initial applicability.
(1) This act first applies to refusals made by a district
attorney on the effective date of this subsection.