2025 - 2026 LEGISLATURE
LRB-1270/1
CMH:klm
2025 ASSEMBLY BILL 34
February 17, 2025 - Introduced by Representatives MOSES, DUCHOW, DITTRICH,
PIWOWARCZYK, ARMSTRONG, BROOKS, DONOVAN, B. JACOBSON, PENTERMAN,
MURPHY, TUCKER, SWEARINGEN, WICHGERS and BEHNKE, cosponsored by
Senators HUTTON, BRADLEY, WANGGAARD, FEYEN, NASS, TOMCZYK, TESTIN
and JAMES. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 968.02 (3) and 968.26 (2) (d); to create 968.02 (3) (b) and
968.26 (2) (d) 2. of the statutes; relating to: court-issued criminal complaints
in officer-involved deaths.
Analysis by the Legislative Reference Bureau
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.
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).
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4 2025 - 2026 Legislature
ASSEMBLY BILL 34
- 2 - LRB-1270/1
CMH:klm
SECTION 2
SECTION 2. 968.02 (3) (b) of the statutes is created to read:
968.02 (3) (b) Notwithstanding par. (a), unless there is new or unused
evidence presented, a circuit court may not permit the filing of a complaint against
a law enforcement officer who is involved in an officer-involved death, as defined in
s. 175.47 (1) (c), if a district attorney determines there is no basis to prosecute the
officer.
SECTION 3. 968.26 (2) (d) of the statutes is renumbered 968.26 (2) (d) 1.
SECTION 4. 968.26 (2) (d) 2. of the statutes is created to read:
968.26 (2) (d) 2. Notwithstanding subd. 1., unless there is new or unused
evidence presented, the judge may not issue a complaint against a law enforcement
officer who is involved in an officer-involved death, as defined in s. 175.47 (1) (c), if
the district attorney determines there is no basis to prosecute the officer.
SECTION 5. Initial applicability.
(1) This act first applies to determinations made by a district attorney on the
effective date of this subsection.
(END)
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