Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: March 10, 2025 Contact: Amber Otis, Senior Staff Attorney
2025 Assembly Bill 66 Assembly Amendment 1
BACKGROUND
Current law generally vests district attorneys with discretion on whether to charge a person with a
crime and which crimes to charge. However, once a prosecution has been commenced, the charge may
be subject to both court oversight and any legislative enactments that define the limits of the
prosecutor’s discretion after a prosecution is initiated. [See, e.g., ss. 967.055 and 971.29, Stats.]
2025 ASSEMBLY BILL 66
2025 Assembly Bill 66 addresses the prosecution of “covered crimes,” defined as specific types of
violations, including certain acts of domestic abuse, certain crimes against children or elders, and
certain crimes involving firearms or vehicles.
1
Under the bill, if an individual is charged with a “covered crime,” a prosecutor may only dismiss or
amend the charge after applying to the court and receiving court approval for the dismissal or
amendment. The court may approve the application only if it finds that the proposed amendment or
dismissal is consistent with the public’s interest in deterring the commission of covered crimes and is
consistent with the legislative intent specified in the bill. If a court approves at least one application in a
year, the court must submit to the appropriate legislative standing committees an annual report
detailing each approved application that year and how it is consistent with the public’s interest and the
Legislature’s intent. The bill also requires each district attorney’s office to adopt and implement a
written policy indicating how the office may best execute the intent specified in the bill.
In addition, the bill prohibits the use of deferred prosecution agreements when an individual is alleged
to have committed, or is charged with, one of the covered crimes and further repeals a statute governing
deferred prosecution programs for certain crimes involving domestic and sexual abuse.
ASSEMBLY AMENDMENT 1
The amendment deletes the bill’s provisions affecting certain appropriations in ch. 20, Stats. The
deleted provisions would have otherwise removed cross-references to the statute that the bill repeals.
1
Specifically, a “covered crime” is any of the following: (a) an act of domestic abuse that constitutes the commission of a
crime or a violation of a domestic abuse temporary restraining order or injunction; (b) operating a vehicle without the
owner’s consent; (c) physical abuse of an elder person or abuse of an individual at risk, or a violation of an individual-
at-risk temporary restraining order or injunction; (d) first-, second-, or third-degree sexual assault; (e) any crime in ch.
948, Stats., Crimes Against Children; (f) illegal possession of a firearm, if the individual has been convicted of,
adjudicated delinquent for, or found not guilty by reason of mental disease or defect of, committing, soliciting,
conspiring, or attempting to commit a violent felony; or (g) reckless driving causing great bodily harm to another. - 2 -
BILL HISTORY
Representative B. Jacobson offered Assembly Amendment 1 on March 5, 2025. On March 10, 2025, the
Assembly Committee on Judiciary recommended adoption of Assembly Amendment 1 on votes of Ayes,
4; Noes, 0; and recommended passage of Assembly Bill 66, as amended, on votes of Ayes, 3; Noes, 1.
For a full history of the bill, visit the Legislature’s bill history page.
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