Justice system and civics bills: the new and the noteworthy

The Wisconsin State Capitol on Sept. 19, 2025. Photograph by Margo Kirchner.

By Alexandria Staubach
​
With the Wisconsin Legislature roughly halfway through its 2025-2026 session, it’s time for a roundup of pending legislation that could impact civil rights, the criminal justice system, and courts.
 
The Legislature recently exited a floor period—when legislation can be scheduled for a vote. Gov. Evers vetoed a bill that would have required the Department of Corrections to recommend revocation for individuals charged with a new offense while on community supervision. WJI covered that bill here and here.
 
The Legislature’s upcoming floor period will run from Oct. 7-16. The following bills have made significant progress.
 
All summaries below are quotes from the analysis provided by the Legislative Reference Bureau unless italicized (WJI’s additions). The titles are WJI’s summaries of the often lengthy and sometimes misleading ones provided by the bill’s author. When the bills in the Assembly and Senate are generally the same, WJI links to just one.
 
An asterisk * denotes a bill substantially similar to one introduced in a previous session but which either failed to pass or was vetoed by the governor.
 
For a refresher on the lifecycle of a bill, you can find that here. But 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.
 
AB34/SB25 – Court issued criminal complaints (John Doe prosecutions)*
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 Senate; qualified for scheduling in the Assembly.

AB4/SB30 – Required civics instruction*
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 lessons in civics that includes specific following topics and pupil development goals… The bill also requires school boards, independent charter schools, and private schools participating in a parental choice program to annually report to the Department of Public Instruction regarding how they are meeting the civics instruction requirement created under the bill. DPI must then compile the information and submit it to the legislature…. (U)nder current law, a school board may grant a high school diploma to a pupil only if the pupil meets specific statutory requirements, including earning a certain number of credits in various subjects in the high school grades and passing a civics test comprised of questions that are identical to those that are asked as part of the process of applying for U.S. citizenship. Currently, a pupil must earn at least three credits of social studies, including state and local government. The bill specifies that the social studies credits also must include one-half credit of civics instruction. This graduation requirement first applies to pupils who graduate in the 2030-31 school year.

Status: Passed in Assembly; referred to Committee on Education in the Senate.
 
AB24/SB57 – County sheriff assistance with certain federal immigration functions
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; passed committee in the Senate and qualified for scheduling.
 
AB77/SB66 – Registration plate concealment devices and providing a penalty 
Under current law, any motor vehicle for which the Department of Transportation has issued registration plates must display those plates, along with any decals issued for the plates.
 
This bill prohibits the possession, sale, purchase, installation, and use of a registration plate concealment device, which is a manual, electronic, or mechanical device designed or adapted to be installed on a motor vehicle to 1) switch between two or more registration plates; 2) move, obstruct, or conceal a registration plate; or 3) alter the appearance of a registration plate so that the registration number cannot be seen and read. The bill also prohibits the equipment of any motor vehicle with a registration plate concealment device.

A person who violates these prohibitions may be fined not more than $1,000 or imprisoned for not more than 90 days, or both. Any vehicle equipped in violation of these prohibitions may be impounded, and reasonable costs for towing and impounding the vehicle may be assessed against the owner.

Creates a new crime.

Status: Passed in the Senate; passed committee in the Assembly and qualified for scheduling.
 
AB66/SB76 – Dismissing or amending certain criminal charges and deferred prosecution agreements*
Under current law, a prosecutor may dismiss or amend a criminal charge without approval from the court. 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.

Current law allows a prosecutor to enter into a deferred prosecution agreement with a defendant who is charged or may be charged with a crime. Generally, under a deferred prosecution agreement, the prosecutor agrees to dismiss a charge or not file a charge if the defendant complies with specified conditions. In addition, current law provides specific criteria for a deferred prosecution agreement if the defendant is or may be charged with child sexual abuse if the defendant is the parent of, the guardian of, a close relative of, or residing with the child; with a crime of domestic violence; or with a violation of a domestic violence TRO or injunction. Current law also prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant who is charged or may be charged with operating a vehicle while under the influence of an intoxicant or a controlled substance, causing injury to another while operating a vehicle while under the influence, or homicide by intoxicated use of a vehicle. The bill prohibits a prosecutor from entering into a deferred prosecution agreement with a defendant if a complaint or information is filed that alleges the person committed any of the same crimes listed in items 1 to 7 above.

Status: Passed in the Senate; qualified for scheduling in the Assembly.
 
AB124/SB146 – Prohibiting persons convicted of a violent crime from changing their name
Current law prohibits a person who is registered as a sex offender with the Department of Corrections from changing their name during the period they are required to register. With certain exceptions, a person who violates the prohibition is guilty of a Class H felony. This bill prohibits a person who has been convicted of a violent crime, which is defined in the bill and includes homicide, battery, kidnapping, stalking, human trafficking, and sexual assault, from changing their name. A person who violates the prohibition is guilty of a Class H felony.

Creates a new crime.

Status: Passed in the Senate; qualified for scheduling in the Assembly.
 
AB89/SB92 – Retail theft enhanced penalties 
Under current law, the penalty for the crime of property theft varies by the value of the property taken…. Similarly, the penalty for the crime of retail theft varies by the value of the merchandise or service that is taken….

This bill specifies that, if, in a six-month period, a defendant commits more than one violation of property theft or more than one violation of retail theft, the value of items taken at each violation may be aggregated and the crimes may be prosecuted as one property theft crime or one retail theft crime. The penalty for the crime would be determined by the aggregated value of the items taken.

Creates a new crime.

Status: Passed in Assembly; public hearing held in Senate, no vote from committee yet.
 
AB75/SB115 – DOJ collection and reporting of certain criminal case data* 
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; qualified for scheduling in the Senate.
 
AB148/SB147 – Interpreter action by telephone or live audiovisual means in criminal and civil proceedings
Under current law, in any civil or criminal proceeding other than a trial, a court may permit an interpreter to act by telephone or live audiovisual means. This bill removes the exclusion for trials, so that an interpreter may act by telephone or live audiovisual means in any civil or criminal proceeding. Amended to require the consent of all parties.

Status: Available for scheduling in the Senate; public hearing held in the Assembly.

Update 10/2/25: Passed by Assembly committee on Oct. 1, available for scheduling in the Assembly for a full vote.
 
AB190/SB194 – Obtaining attorney fees and costs under the state's public records law when an authority voluntarily releases a contested record after an action has been filed in court
Currently, if a person requests access to a public record and the agency or officer in state or local government having custody of the record, known as an “authority” under the public records law, withholds or delays granting access to the record or a part of the record, the requester may bring a mandamus action asking a court to order release of the record or part of the record. Current law requires the court to award reasonable attorney fees, damages of not less than $100, and other actual costs to the requester if the requester prevails in whole or in substantial part in any such action.

The Wisconsin Supreme Court decided in 2022 that a requester prevails in whole or in substantial part only if the requester obtains a judicially sanctioned change in the parties’ legal relationship, for example, a court order requiring disclosure of a record. See, Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57. Under the supreme court’s decision, a requester generally is not entitled to attorney fees and costs if the authority voluntarily or unilaterally without a court order provides contested records after the requester files an action in court.

This bill supersedes the supreme court’s decision in Friends of Frame Park. Under the bill, a requester has prevailed in whole or in substantial part if the requester has obtained relief through any of the following means:
1. A judicial order or an enforceable written agreement or consent decree.
2. The authority’s voluntary or unilateral release of a record if the court determines that the filing of the mandamus action was a substantial factor contributing to that voluntary or unilateral release.

This standard is substantially the same as the standard that applies for a requester to obtain attorney fees and costs under the federal Freedom of Information Act.
​
Status: Passed in the Senate; qualified for scheduling in the Assembly.