2025 - 2026 LEGISLATURE
LRB-2244/1
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2025 SENATE BILL 115
March 7, 2025 - Introduced by Senators HUTTON, BRADLEY, NASS, TOMCZYK, JAMES
and WANGGAARD, cosponsored by Representatives DONOVAN, KNODL, MOSES,
MURSAU, O'CONNOR, PENTERMAN, WICHGERS, RODRIGUEZ and BEHNKE.
Referred to Committee on Judiciary and Public Safety.
AN ACT to create 165.845 (1r) (a) 3., 165.845 (1r) (f) and 758.19 (8) of the
statutes; relating to: Department of Justice collection and reporting of
certain criminal case data.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Justice to collect from the director of state
courts all of the following information for each criminal case: 1) the county in which
the case was filed; 2) the name of the prosecuting attorney assigned to the case; 3)
the name of the court official assigned to the case; 4) the criminal charge filed; 5)
the charging recommendation from the referring law enforcement agency, if
applicable; 6) for each case, whether the court released the defendant without bail,
upon the execution of an unsecured appearance bond, upon the execution of an
appearance bond with sufficient solvent sureties, or upon the deposit of cash in lieu
of sureties, or denied release, and the name of the court official who made the
decision; 7) for each case for which a court required the execution of an appearance
bond with sufficient solvent sureties, the monetary amount of the bond and the
name of the court official who made the decision; 8) for each case for which a court
required the deposit of cash in lieu of sureties, the monetary amount of cash
required and the name of the court official who made the decision; 9) any other
conditions of release imposed on the defendant and the name of the court official
who made the decision; 10) whether any plea bargain was offered in the case; 11)
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whether a deferred prosecution agreement was offered in the case; 12) whether any
charge relating to the case was dismissed; and 13) whether the case resulted in a
conviction.
Under the bill, DOJ must annually report the information collected to the
chief clerk of each house of the legislature for distribution to the appropriate
standing committees, and must maintain a database on its website that contains
the information in a searchable format, for a period of 10 years after a criminal
charge is filed. Under the bill, DOJ must ensure that the information provided in
the database does not contain a criminal defendant[s personally identifying
information.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 165.845 (1r) (a) 3. of the statutes is created to read:
165.845 (1r) (a) 3. For each case involving a crime, as defined in s. 939.12,
that resulted in charges being filed in any circuit court, all of the following
information, which shall be provided by the director of state courts:
a. The county in which the case was filed.
b. The name of the prosecuting attorney assigned to the case.
c. The name of the court official assigned to the case.
d. The criminal charge filed.
e. The charging recommendation from the referring law enforcement agency,
if applicable.
f. Whether the court official released the defendant without bail, upon the
execution of an unsecured appearance bond, upon the execution of an appearance
bond with sufficient solvent sureties, or upon the deposit of cash in lieu of sureties,
or denied release under s. 969.035, and the name of the court official who made the
decision.
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g. For each case for which a court official required the execution of an
appearance bond with sufficient solvent sureties, the monetary amount of the bond
and the name of the court official who made the decision.
h. For each case for which a court official required the deposit of cash in lieu of
sureties, the monetary amount of cash required and the name of the court official
who made the decision.
i. Any other conditions of release imposed on the defendant and the name of
the court official who made the decision.
j. Whether any plea bargain was offered in the case.
k. Whether a deferred prosecution agreement was offered in the case.
L. Whether any charge relating to the case was dismissed.
m. Whether the case resulted in a conviction.
SECTION 2. 165.845 (1r) (f) of the statutes is created to read:
165.845 (1r) (f) Establish a database that is accessible on the department of
justice[s website in an interactive format that includes, at a minimum, all
information that is collected under par. (a) 3., and annually submit to the chief clerk
of each house of the legislature for distribution to the appropriate standing
committees under s. 13.172 (3) a report that includes all information that is
collected under par. (a) 3. The department shall ensure that the database under
this paragraph is searchable by each category of information under par. (a) 3., that
the database does not contain any personally identifying information for a criminal
defendant, and that the data remain available for a period of 10 years after a
criminal charge was filed.
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SECTION 3. 758.19 (8) of the statutes is created to read:
758.19 (8) For every crime, as defined in s. 939.12, that resulted in charges
being filed in any circuit court, the director of state courts shall collect from the
clerk of each circuit court and provide to the department of justice all information
required for reporting under s. 165.845 (1r) (a) 3.
SECTION 4. Initial applicability.
(1) The treatment of ss. 165.845 (1r) (a) 3. and 758.19 (8) first applies to
criminal case information entered on the effective date of this subsection.
SECTION 5. Effective date.
(1) This act takes effect on the first day of the 7th month beginning after
publication.
(END)
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