Assembly Bill 78
Judicial discretion in certain John Doe proceedings and the provision of attorney representation of state employees at John Doe proceedings
Topics: Court: Procedure, Crime and criminals, District attorney, Judge, Public employee, Public officers
Stopped before the full Assembly voted
The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Feb 24, 2009
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Committee, passed
Approved
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Assembly vote, stopped here
Stopped here. The full Assembly never voted on it.
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, under a John Doe proceeding, a person who believes a crime has been committed may complain to a judge. Then the judge must ascertain if a crime has been committed. The scope of examination is within the judge's discretion.
If the judge determines that a crime has probably been committed, she or he will issue a warrant for the arrest of the accused.
Read the full summary Show less
Under this bill, if a district attorney who believes a crime has been committed complains to a judge, the judge must convene a John Doe proceeding as described above except that the judge does not issue a warrant for the arrest of the accused because the district attorney has that ability as under current law. If a person other than a district attorney who believes a crime has been committed complains to a judge, the judge must refer the complaint to the district attorney. If the district attorney refuses to issue a charge, the judge must convene a proceeding if the judge determines that the proceeding is necessary to determine if a crime has been committed. The judge has discretion over the scope of the examination, and the judge may issue a criminal complaint if the judge finds sufficient evidence to warrant prosecution. In determining whether to convene a proceeding, this bill specifies that a judge may consider law enforcement investigative reports, records and case files of the district attorney, and any other written records that the judge finds relevant.
In determining whether to issue a complaint, this bill specifies that the judge must consider law enforcement investigative reports, records and case files of the district attorney, and any other written records that the judge finds relevant.
This bill also adds statutory cross-references to three John Doe references to aid individuals in finding the John Doe statute.
Under current law, if an action is brought against a state officer or employee for acts committed while carrying out his or her state duties, and the court finds that the defendant was acting within the scope of his or her employment, the state pays the damages and costs, and provides legal representation or pays the defendant's attorney fees and litigation costs.
This bill provides these protections and benefits to a state officer or employee who is the subject of a John Doe proceeding if the charge is for an act done within the person's official capacity, within the scope of the person's employment, and the attorney general determined that the person was acting in good faith. In addition, these protections and benefits apply regardless of the attorney general's determination of good faith if the person is found not guilty in a criminal action commenced as the result of the John Doe proceeding. The bill provides that the protections and benefits provided include the payment of attorney fees, costs, and fines arising out of the criminal action.
Who's behind it
15 lawmakers are its . 8 are Republicans, 5 are Democrats and 1 is a Independent. 1 has no party on record.
10 more lawmakers .
See all 25 names Hide the names
Authors (15)
- Joan Ballweg · Republican, Senate
- Terese Berceau · Democrat, Assembly
- Garey Bies · Republican, Assembly
- Donald Friske · Republican, Assembly
- Phil Garthwaite · Democrat, Assembly
- Gordon Hintz · Democrat, Assembly
- Andy Jorgensen · Democrat, Assembly
- Dean Kaufert · Republican, Assembly
- Lee Nerison · Republican, Assembly
- Shilling
- Christine Sinicki · Democrat, Assembly
- Richard Spanbauer · Republican, Assembly
- John Townsend · Republican, Assembly
- Karl Van Roy · Republican, Assembly
- Bob Ziegelbauer · Independent, Assembly
Signed on in support (10)
- Jon Erpenbach · Democrat, Senate
- Dave Hansen · Democrat, Senate
- Jim Holperin · Democrat, Senate
- Randy Hopper · Republican, Senate
- Dan Kapanke · Republican, Senate
- Pat Kreitlow · Democrat, Senate
- John Lehman · Democrat, Senate
- Dale Schultz · Republican, Senate
- Lena Taylor · Democrat, Senate
- Kathleen Vinehout · Democrat, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There was one vote on this bill.
Assembly Committee on Judiciary and Ethics vote on an amendment
Passed, 8 to 2 · Apr 23, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Amendment 2 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 2”. Official record · This vote on its own page
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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Apr 23, 2009
Sent to the Assembly Committee on Rules.
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Apr 23, 2009
The committee voted to recommend passing it, 9 to 1.
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Mar 17, 2009
A state agency sent in its estimate of the cost.
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Mar 10, 2009
The committee held a public hearing.
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Mar 2, 2009
A state agency sent in its estimate of the cost.
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Feb 24, 2009
Sent to the Assembly Committee on Judiciary and Ethics.
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Feb 24, 2009
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Feb 24, 2009 · Assembly
Introduced by Representatives Hintz, Spanbauer, Townsend, Ballweg, Shilling, Van Roy, Kaufert, Berceau, Ziegelbauer, Garthwaite, Jorgensen, Sinicki, Friske, Bies and Nerison;Cosponsored by Senators Kreitlow, Erpenbach, Taylor, Vinehout, Schultz, Hansen, Lehman, Holperin, Kapanke and Hopper
- Feb 24, 2009 · Assembly
Read first time and referred to committee on Judiciary and Ethics
- Mar 2, 2009 · Assembly
Fiscal estimate received
- Mar 10, 2009 · Assembly
Public hearing held
- Mar 17, 2009 · Assembly
Fiscal estimate received
- Mar 20, 2009 · Assembly
Assembly amendment 1 offered by Representative Gundrum
- Apr 17, 2009 · Assembly
Assembly amendment 2 offered by Representative Gundrum
- Apr 17, 2009 · Assembly
Assembly amendment 3 offered by Representative Gundrum
- Apr 17, 2009 · Assembly
Assembly amendment 4 offered by Representative Gundrum
- Apr 21, 2009 · Assembly
Executive action taken
- Apr 23, 2009 · Assembly
Report Assembly Amendment 2 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 2
- Apr 23, 2009 · Assembly
Report passage as amended recommended by committee on Judiciary and Ethics, Ayes 9, Noes 1
- Apr 23, 2009 · Assembly
Referred to committee on Rules
- Apr 23, 2009 · Assembly
Assembly substitute amendment 1 offered by Representative Kessler
- Apr 23, 2009 · Assembly
Placed on calendar 4-28-2009 by committee on Rules
- Apr 28, 2009 · Assembly
Laid on the table
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote