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AB34: Bill Text
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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.
AB34,1,3
1
An Act
to renumber
968.02 (3) and 968.26 (2) (d);
to create
968.02 (3) (b) and
2
968.26 (2) (d) 2. of the statutes;
relating to:
court-issued criminal complaints
3
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:
AB34,1
4
Section
1
.
968.02 (3) of the statutes is renumbered 968.02 (3) (a).
AB34,2
1
Section
2
.
968.02 (3) (b) of the statutes is created to read:
AB34,2,6
2
968.02
(3)
(b) Notwithstanding par. (a), unless there is new or unused
3
evidence presented, a circuit court may not permit the filing of a complaint against
4
a law enforcement officer who is involved in an officer-involved death, as defined in
5
s. 175.47 (1) (c), if a district attorney determines there is no basis to prosecute the
6
officer.
AB34,3
7
Section
3
.
968.26 (2) (d) of the statutes is renumbered 968.26 (2) (d) 1.
AB34,4
8
Section
4
.
968.26 (2) (d) 2. of the statutes is created to read:
AB34,2,12
9
968.26
(2)
(d) 2. Notwithstanding subd. 1., unless there is new or unused
10
evidence presented, the judge may not issue a complaint against a law enforcement
11
officer who is involved in an officer-involved death, as defined in s. 175.47 (1) (c), if
12
the district attorney determines there is no basis to prosecute the officer.
AB34,5
13
Section
5
. Initial applicability.
AB34,2,15
14
(
1
) This act first applies to determinations made by a district attorney on the
15
effective date of this subsection.
AB34,2,16
16
(end)
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