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Bills from the 2023–24 session

Assembly Bill 57

Dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes

Vetoed by the governor

Both chambers passed it, and the governor vetoed it on Dec 6, 2023. Lawmakers did not ⁠, so it stands.

  1. Introduced, passed

    Feb 20, 2023

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed 62 to 35

  4. Senate vote, passed

    Passed Sep 14, 2023

  5. Governor, stopped here

    Vetoed Dec 6, 2023.

  6. Law, not reached

Latest entry in the official record, May 15, 2024: “Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82”

Read the governor's veto message · All vetoes this session

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Read the full summary

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 who is or may be charged with any of the same crimes listed in items 1 to 7 above.

Who's behind it

10 representatives are its ⁠. All 10 are Republicans.

5 more lawmakers ⁠.

See all 15 names

Authors (10)

Signed on in support (5)

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 were 4 votes on this bill.

Assembly Committee on Judiciary vote to recommend it

Passed, 5 to 2 · Mar 13, 2023

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by Committee on Judiciary, Ayes 5, Noes 2”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 62 to 35 · Mar 22, 2023 · 2 didn't vote

See how each of the 99 representatives voted

D: Democrat, R: Republican

Yes (62)

Didn't vote (2)

Official motion: “PASSAGE”. Official record · This vote on its own page

Senate Committee on Judiciary and Public Safety vote to recommend it

Passed, 4 to 3 · Sep 6, 2023

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 3”. Official record · This vote on its own page

Senate vote to pass it

Passed, 22 to 11 · Sep 14, 2023

See how each of the 33 senators voted

D: Democrat, R: Republican

Official motion: “CONCURRENCE”. Official record · This vote on its own page

What happened

  1. May 15, 2024

    The veto stood. Lawmakers didn't override it.

  2. Mar 13, 2024

    Sent to the Assembly Committee on Rules.

  3. Dec 8, 2023

    1 more representative signed on in support.

  4. Dec 6, 2023

    The governor vetoed it.

  5. Nov 30, 2023

    Sent to the governor.

  6. Sep 14, 2023

    “Action ordered immediately messaged” (the official wording)

  7. Sep 14, 2023

    The Assembly adopted it.

  8. Sep 14, 2023

    The Senate passed it too, 22 to 11.

  9. Sep 14, 2023

    The Senate adopted it.

  10. Sep 6, 2023

    The committee voted to recommend passing it, 4 to 3.

  11. Aug 22, 2023

    The committee held a public hearing.

  12. Mar 23, 2023

    Sent to the Senate Committee on Judiciary and Public Safety.

  13. Mar 23, 2023

    The Senate received it.

  14. Mar 22, 2023

    The Assembly passed it, 62 to 35.

  15. Mar 22, 2023

    1 more representative signed on in support.

  16. Mar 13, 2023

    Sent to the Assembly Committee on Rules.

  17. Mar 13, 2023

    The committee voted to recommend passing it, 5 to 2.

  18. Mar 2, 2023

    The committee held a public hearing.

  19. Feb 20, 2023

    Sent to the Assembly Committee on Judiciary.

  20. Feb 20, 2023

    Introduced in the Assembly.

See the official record, word for word
  1. Feb 20, 2023 · Assembly

    Introduced by Representatives Rettinger, Michalski, Donovan, Behnke, Gundrum, Knodl, Murphy, Nedweski, Rozar and Summerfield; cosponsored by Senators Hutton, Nass and Jacque

  2. Feb 20, 2023 · Assembly

    Read first time and referred to Committee on Judiciary

  3. Mar 2, 2023 · Assembly

    Public hearing held

  4. Mar 7, 2023 · Assembly

    Executive action taken

  5. Mar 13, 2023 · Assembly

    Report passage recommended by Committee on Judiciary, Ayes 5, Noes 2

  6. Mar 13, 2023 · Assembly

    Referred to committee on Rules

  7. Mar 14, 2023 · Assembly

    Placed on calendar 3-22-2023 by Committee on Rules

  8. Mar 22, 2023 · Assembly

    Read a second time

  9. Mar 22, 2023 · Assembly

    Representative O'Connor added as a coauthor

  10. Mar 22, 2023 · Assembly

    Ordered to a third reading

  11. Mar 22, 2023 · Assembly

    Rules suspended

  12. Mar 22, 2023 · Assembly

    Read a third time and passed, Ayes 62, Noes 35

  13. Mar 22, 2023 · Assembly

    Ordered immediately messaged

  14. Mar 23, 2023 · Senate

    Received from Assembly

  15. Mar 23, 2023 · Senate

    Read first time and referred to committee on Judiciary and Public Safety

  16. Aug 22, 2023 · Senate

    Public hearing held

  17. Sep 5, 2023 · Senate

    Executive action taken

  18. Sep 6, 2023 · Senate

    Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 3

  19. Sep 6, 2023 · Senate

    Available for scheduling

  20. Sep 11, 2023 · Senate

    Senate Amendment 1 offered by Senator Hutton

  21. Sep 12, 2023 · Senate

    Placed on calendar 9-14-2023 pursuant to Senate Rule 18(1)

  22. Sep 14, 2023 · Senate

    Read a second time

  23. Sep 14, 2023 · Senate

    Senate Amendment 1 adopted

  24. Sep 14, 2023 · Senate

    Ordered to a third reading

  25. Sep 14, 2023 · Senate

    Rules suspended to give bill its third reading

  26. Sep 14, 2023 · Senate

    Read a third time and concurred in as amended, Ayes 22, Noes 11

  27. Sep 14, 2023 · Senate

    Ordered immediately messaged

  28. Sep 14, 2023 · Assembly

    Received from Senate amended and concurred in as amended (Senate Amendment 1 adopted)

  29. Sep 14, 2023 · Assembly

    Senate Amendment 1 concurred in

  30. Sep 14, 2023 · Assembly

    Action ordered immediately messaged

  31. Sep 15, 2023 · Assembly

    Report correctly enrolled on 9-15-2023

  32. Nov 30, 2023 · Assembly

    Presented to the Governor on 11-30-2023

  33. Dec 6, 2023 · Assembly

    Report vetoed by the Governor on 12-6-2023

  34. Dec 8, 2023 · Assembly

    Representative Gustafson added as a coauthor

  35. Mar 13, 2024 · Assembly

    Referred to committee on Rules

  36. May 14, 2024 · Assembly

    Placed on calendar 5-14-2024 pursuant to Joint Rule 82 (2)(a)

  37. May 15, 2024 · Assembly

    Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

Terms on this page

Veto override

Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.

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

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

Veto override

Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.

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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote