Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB115 Compare Versions

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44 2025 SENATE BILL 115
55 March 7, 2025 - Introduced by Senators HUTTON, BRADLEY, NASS, TOMCZYK, JAMES
66 and WANGGAARD, cosponsored by Representatives DONOVAN, KNODL, MOSES,
77 MURSAU, O'CONNOR, PENTERMAN, WICHGERS, RODRIGUEZ and BEHNKE.
88 Referred to Committee on Judiciary and Public Safety.
99 AN ACT to create 165.845 (1r) (a) 3., 165.845 (1r) (f) and 758.19 (8) of the
1010 statutes; relating to: Department of Justice collection and reporting of
1111 certain criminal case data.
1212 Analysis by the Legislative Reference Bureau
1313 This bill requires the Department of Justice to collect from the director of state
1414 courts all of the following information for each criminal case: 1) the county in which
1515 the case was filed; 2) the name of the prosecuting attorney assigned to the case; 3)
1616 the name of the court official assigned to the case; 4) the criminal charge filed; 5)
1717 the charging recommendation from the referring law enforcement agency, if
1818 applicable; 6) for each case, whether the court released the defendant without bail,
1919 upon the execution of an unsecured appearance bond, upon the execution of an
2020 appearance bond with sufficient solvent sureties, or upon the deposit of cash in lieu
2121 of sureties, or denied release, and the name of the court official who made the
2222 decision; 7) for each case for which a court required the execution of an appearance
2323 bond with sufficient solvent sureties, the monetary amount of the bond and the
2424 name of the court official who made the decision; 8) for each case for which a court
2525 required the deposit of cash in lieu of sureties, the monetary amount of cash
2626 required and the name of the court official who made the decision; 9) any other
2727 conditions of release imposed on the defendant and the name of the court official
2828 who made the decision; 10) whether any plea bargain was offered in the case; 11)
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3636 whether a deferred prosecution agreement was offered in the case; 12) whether any
3737 charge relating to the case was dismissed; and 13) whether the case resulted in a
3838 conviction.
3939 Under the bill, DOJ must annually report the information collected to the
4040 chief clerk of each house of the legislature for distribution to the appropriate
4141 standing committees, and must maintain a database on its website that contains
4242 the information in a searchable format, for a period of 10 years after a criminal
4343 charge is filed. Under the bill, DOJ must ensure that the information provided in
4444 the database does not contain a criminal defendant[s personally identifying
4545 information.
4646 For further information see the state and local fiscal estimate, which will be
4747 printed as an appendix to this bill.
4848 The people of the state of Wisconsin, represented in senate and assembly, do
4949 enact as follows:
5050 SECTION 1. 165.845 (1r) (a) 3. of the statutes is created to read:
5151 165.845 (1r) (a) 3. For each case involving a crime, as defined in s. 939.12,
5252 that resulted in charges being filed in any circuit court, all of the following
5353 information, which shall be provided by the director of state courts:
5454 a. The county in which the case was filed.
5555 b. The name of the prosecuting attorney assigned to the case.
5656 c. The name of the court official assigned to the case.
5757 d. The criminal charge filed.
5858 e. The charging recommendation from the referring law enforcement agency,
5959 if applicable.
6060 f. Whether the court official released the defendant without bail, upon the
6161 execution of an unsecured appearance bond, upon the execution of an appearance
6262 bond with sufficient solvent sureties, or upon the deposit of cash in lieu of sureties,
6363 or denied release under s. 969.035, and the name of the court official who made the
6464 decision.
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8484 g. For each case for which a court official required the execution of an
8585 appearance bond with sufficient solvent sureties, the monetary amount of the bond
8686 and the name of the court official who made the decision.
8787 h. For each case for which a court official required the deposit of cash in lieu of
8888 sureties, the monetary amount of cash required and the name of the court official
8989 who made the decision.
9090 i. Any other conditions of release imposed on the defendant and the name of
9191 the court official who made the decision.
9292 j. Whether any plea bargain was offered in the case.
9393 k. Whether a deferred prosecution agreement was offered in the case.
9494 L. Whether any charge relating to the case was dismissed.
9595 m. Whether the case resulted in a conviction.
9696 SECTION 2. 165.845 (1r) (f) of the statutes is created to read:
9797 165.845 (1r) (f) Establish a database that is accessible on the department of
9898 justice[s website in an interactive format that includes, at a minimum, all
9999 information that is collected under par. (a) 3., and annually submit to the chief clerk
100100 of each house of the legislature for distribution to the appropriate standing
101101 committees under s. 13.172 (3) a report that includes all information that is
102102 collected under par. (a) 3. The department shall ensure that the database under
103103 this paragraph is searchable by each category of information under par. (a) 3., that
104104 the database does not contain any personally identifying information for a criminal
105105 defendant, and that the data remain available for a period of 10 years after a
106106 criminal charge was filed.
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133133 SECTION 3
134134 SECTION 3. 758.19 (8) of the statutes is created to read:
135135 758.19 (8) For every crime, as defined in s. 939.12, that resulted in charges
136136 being filed in any circuit court, the director of state courts shall collect from the
137137 clerk of each circuit court and provide to the department of justice all information
138138 required for reporting under s. 165.845 (1r) (a) 3.
139139 SECTION 4. Initial applicability.
140140 (1) The treatment of ss. 165.845 (1r) (a) 3. and 758.19 (8) first applies to
141141 criminal case information entered on the effective date of this subsection.
142142 SECTION 5. Effective date.
143143 (1) This act takes effect on the first day of the 7th month beginning after
144144 publication.
145145 (END)
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