Criminal justice bills on the move

The Assembly (left) and Senate (right) chambers at the Wisconsin State Capitol. Photographs by Margo Kirchner.

By Alexandria Staubach

With three months of the legislative session in the rearview mirror, several bills concerning the criminal justice system have moved through committees and to a vote in either the Senate or Assembly.
 
The rough progression of a successful bill is: introduction → referral to committee → passage by committee → vote by full chamber → transfer to the other chamber to go through the prior three steps there, too → to the governor for signature. Fora refresher on the life cycle of a bill, see here.
 
The bills below are those that WJI is actively tracking and which have made noteworthy progress, not including the bill that would require the Department of Corrections to recommend revocation for individuals charged with new offenses. WJI recently covered that legislation in more depth, here.
 
All summaries are quotations taken directly from the analysis by the Legislative Reference Bureau. Titles and the status description are in WJI's words. A * before the bill number means the bill is substantially similar to one introduced in a previous session that failed to pass or the governor vetoed. “AB” means Assembly Bill, while “SB” means Senate Bill.
 
AB26/SB5 Battery to juror or witness to trial
 
Summary: Under current law, the crime of battery is defined as intentionally causing another person bodily harm and is a Class A misdemeanor. Under current law, if the battery is a special circumstance battery—for example, the battery is committed against an individual because of the individual's status as a law enforcement officer, witness in a trial, or juror—the penalty is increased to a Class H felony. Under this bill, a threat or battery against a juror or a threat or battery against a family member of a juror is a Class H felony.
 
Status: Passed in the Senate (28 yes, 4 no); referred to committee in the Assembly, where public hearing took place April 9.
 
*AB29/SB6 Impoundment of vehicles used in certain traffic offenses
 
Summary: Under this bill, in addition to the penalties available under current law for the following offenses, the vehicle used in the offense may be immediately impounded and remain impounded for 90 days or, for a violation occurring on a highway under the jurisdiction of a political subdivision, a shorter period established by the political subdivision:
1. Operating a vehicle without a license, with certain exceptions, or with a revoked operating privilege.
2. Speeding at a rate higher than 25 miles per hour above the speed limit.
3. Fleeing from a law enforcement officer.
4. Racing on a highway.
 
Status: Neither the Assembly nor Senate has put the bill to a vote, but the bill has made its way through the committee process in both chambers and is eligible for a vote in either.
 
*AB34/SB25 Court-issued criminal prosecutions
 
Summary: 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.
 
Status: Passed in the Senate (19 yes, 13 no); referred to committee in the Assembly.
 
*AB4/SB30 Mandatory civics education  
 
Summary: Beginning in the 2027-28 school year, this bill requires school boards, independent charter schools, and private schools participating in a parental choice program to include in their respective curricula instruction in civics that includes specific topics and pupil development goals.
 
Status: Passed in the Assembly (52 yes, 46 no); referred to committee in the Senate.
 
AB24/SB57 Sheriff assistance with immigration activity
 
Summary: This bill requires sheriffs to request proof of legal presence status from individuals held in a county jail for an offense punishable as a felony. The bill also requires sheriffs to comply with detainers and administrative warrants received from the federal department of homeland security regarding individuals held in the county jail for a criminal offense.
 
Under the bill, sheriffs must annually certify to the Department of Revenue that they have complied with each of these requirements. If a sheriff fails to provide such a certification, DOR must reduce the county’s shared revenue payments for the next year by 15 percent. The bill also requires sheriffs to maintain a record of the number of individuals from whom proof of legal presence is requested who are verified as unlawfully present in this state and a list of the types of crimes for which those individuals were confined in the jail. The information must be provided to the Department of Justice upon request, and DOJ must compile the information and submit a report to the legislature.
 
Status: Passed in the Assembly (51 yes, 43 no); referred to committee in the Senate.
 
AB78/SB65 Impoundment of vehicles used in certain reckless driving offenses 
 
Summary: Under current law, a political subdivision may enact an ordinance authorizing law enforcement officers to impound vehicles used in reckless driving offenses if the person cited for reckless driving is the owner of the vehicle and the person has a prior reckless driving conviction for which a forfeiture was imposed that has not been fully paid. Under this bill, such an ordinance may authorize the impoundment of any vehicle used in a reckless driving offense regardless of ownership of the vehicle or prior record of the operator. The bill also provides that a local ordinance may authorize impounding such a vehicle until outstanding fines and forfeitures owed by the vehicle’s owner are fully paid.
 
Also under the bill, upon impounding a vehicle under such an ordinance, the law enforcement officer must attempt to determine if the vehicle has been reported as stolen, and if so, the officer or the impounding political subdivision must attempt to contact the owner. If the vehicle is reported as stolen, the vehicle must be released to the owner without the payment of a fee or charge.
 
Status: Passed in the Assembly, vote count unavailable; referred to committee in Senate.
 
AB73/SB80 Statutory recognition of specialized dockets for treatment courts and commercial litigation
 
Summary: The bill recognizes in statute treatment courts, which are defined in the bill to include adult drug treatment court, juvenile drug treatment court, operating while intoxicated treatment court, mental health treatment court, family dependency treatment court, veterans treatment court, hybrid treatment court, and tribal healing to wellness court. The bill also statutorily recognizes a specialized docket for commercial cases (which portion of the bill was introduced last session as well).
 
Status: The bill has been referred to committee in both chambers; the committees in both the Assembly and Senate have held public hearings.
 
*AB66/SB76 Prohibition on dismissing or amending certain criminal charges and deferred prosecution agreements
 
Summary: Under this bill, a prosecutor must get the court’s approval to dismiss or amend a charge if the charge is for any of the following:
1) a crime of domestic abuse or a violation of a domestic violence temporary restraining order or injunction;
2) theft of an automobile;
3) a crime of abuse of an individual at risk or a violation of an individual-at-risk TRO or injunction;
4) first-degree, second-degree, or third-degree sexual assault;
5) a crime against a child;
6) illegal possession of a firearm if the person 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, as defined under current law; or
7) reckless driving that results in great bodily harm. 
 
The court may approve the dismissal or amendment of such a charge only if the court finds the action is consistent with the public’s interest in deterring the commission of these crimes and with the legislature’s intent, expressed in this bill, to vigorously prosecute individuals who commit these crimes. If the court approves any dismissal or amendment in a year, the court must submit an annual report to the legislature detailing each approval. 
 
Status: Passed in the Assembly (53 yes, 44 no); referred to committee in the Senate. A similar bill was passed by the Legislature last session and vetoed by Gov. Tony Evers.
 
AB65/SB77 Entering certain places with intent to commit battery
 
Summary: Under current law, it is a Class F felony to enter a dwelling or certain other places with intent to steal or commit a felony therein. Under this bill, it is also a Class F felony to enter one of those places with intent to commit battery that is misdemeanor battery rather than felony battery. Under current law, the penalty for a Class F felony is a fine not to exceed $25,000 or imprisonment not to exceed 12 years and six months, or both.
 
Under this bill, it is also a Class F felony, or a Class E felony if certain additional circumstances apply, to intentionally enter a dwelling or certain other places without consent with intent to commit any battery.
 
Status:  The bill has been referred to committee in both chambers; the committees in both the Assembly and Senate have held public hearings.
 
*AB87/SB95 Requiring payment of restitution for restoration of the vote 
 
Summary: Under current law, a person convicted of treason, felony, or bribery may not vote unless the person’s right to vote is restored through a pardon or through completion of the term of imprisonment, including parole or extended supervision, or probation for the crime that led to the disqualification. Under the bill, in addition to completing his or her term of imprisonment or probation for the crime, a person must have paid all fines, costs, fees, surcharges, and restitution, and have completed any court-ordered community service, imposed in connection with the crime. Additionally, under this bill, if the defendant is sentenced or placed on probation for human trafficking, the court must require restitution be paid immediately and, if the defendant fails to pay immediately, the court must issue an execution against the defendant’s property.
 
Status: Passed in the Assembly (53 yes, 43 no); the Senate committee recently held a public hearing.
 
AB75/SB115 Collection and reporting of certain criminal case data 

Summary: This bill requires state DOJ 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) 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
 
Status: Passed in the Assembly (53 yes, 43 no); the Senate committee held a public hearing.