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Bills · 2023-2024 Regular Session

SB 517

Vetoed Official bill text Atom feed

Relating to: court-issued criminal complaints if the person's actions were in self-defense.

Court — Procedure Crime and criminals District attorney Evidence

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, stopped here
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan 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, if the district attorney refused to issue the complaint because

the person has a defense of self-defense, the court may not conduct a hearing or issue

a complaint unless the court has new evidence that the person's actions were not

self-defense under the law.

Under current law, a person is privileged to threaten or intentionally use force

against an actor to prevent or terminate what the person reasonably believes to be

an unlawful interference with himself or herself or another person by the actor. The

person may intentionally use only force or threat as the person believes is necessary

to prevent or terminate the interference. Certain presumptions apply if the person

is in his or her house, business, or vehicle. In addition, if the person engaged in

unlawful conduct that was likely to provoke an attack and does provoke an attack,

the person generally loses the privilege of self-defense.

Sponsors

Introduced by: Bradley (R) , Felzkowski (R) , Hutton (R) , James (R) , Nass (R) , Wanggaard (R)

13 cosponsors

Bodden (R) , Brandtjen (R) , Dittrich (R) , Donovan (R) , Gundrum (R) , Maxey (R) , Moses (R) , Mursau (R) , O'Connor (R) , Rettinger (R) , Rozar (R) , Schutt (R) , Wichgers (R)

Votes

Senate: Report passage recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 3

Passed 4–3 Jan 31, 2024 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: PASSAGE

Passed 21–10 Feb 13, 2024 official source full page

Not voting · 1

Senate: PASS NOTWITHSTANDING OBJECTIONS OF GOVERNOR

Passed 21–10 May 14, 2024 official source full page

Not voting · 1

Full history

  1. Oct 16, 2023 · Senate

    Introduced by Senators Hutton, Bradley, Wanggaard, James, Felzkowski and Nass; cosponsored by Representatives Moses, Rettinger, Donovan, Schutt, O'Connor, Dittrich, Rozar, Gundrum, Mursau, Wichgers, Bodden and Brandtjen

  2. Oct 16, 2023 · Senate

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

  3. Jan 11, 2024 · Senate

    Public hearing held

  4. Jan 16, 2024 · Senate

    Representative Maxey added as a cosponsor

  5. Jan 31, 2024 · Senate

    Executive action taken

  6. Jan 31, 2024 · Senate

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

  7. Jan 31, 2024 · Senate

    Available for scheduling

  8. Feb 9, 2024 · Senate

    Placed on calendar 2-13-2024 pursuant to Senate Rule 18(1)

  9. Feb 13, 2024 · Senate

    Rules suspended to give bill its third reading

  10. Feb 13, 2024 · Senate

    Read a third time and passed, Ayes 21, Noes 10

  11. Feb 13, 2024 · Senate

    Ordered immediately messaged

  12. Feb 13, 2024 · Assembly

    Received from Senate

  13. Feb 13, 2024 · Assembly

    Read first time and referred to committee on Rules

  14. Feb 13, 2024 · Assembly

    Placed on calendar 2-15-2024 by Committee on Rules

  15. Feb 13, 2024 · Senate

    Read a second time

  16. Feb 13, 2024 · Senate

    Ordered to a third reading

  17. Feb 15, 2024 · Assembly

    Rules suspended to withdraw from calendar and take up

  18. Feb 15, 2024 · Assembly

    Read a second time

  19. Feb 15, 2024 · Assembly

    Ordered to a third reading

  20. Feb 15, 2024 · Assembly

    Rules suspended

  21. Feb 15, 2024 · Assembly

    Read a third time and concurred in

  22. Feb 15, 2024 · Assembly

    Ordered immediately messaged

  23. Feb 15, 2024 · Senate

    Received from Assembly concurred in

  24. Feb 19, 2024 · Senate

    Report correctly enrolled

  25. Mar 26, 2024 · Senate

    Presented to the Governor on 3-26-2024

  26. Mar 29, 2024 · Senate

    Report vetoed by the Governor on 3-29-2024

  27. May 13, 2024 · Senate

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

  28. May 14, 2024 · Senate

    Rules suspended and taken up

  29. May 14, 2024 · Senate

    Passed notwithstanding the objections of the Governor, Ayes 21, Noes 10

  30. May 14, 2024 · Senate

    Messaged

  31. May 14, 2024 · Assembly

    Received from Senate passed notwithstanding the objections of the Governor

  32. May 14, 2024 · Assembly

    Placed on calendar 5-15-2024 pursuant to Joint Rule 82 (2)(a)

  33. May 15, 2024 · Assembly

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