Bills · 2025-2026 Regular Session
Relating to: court-issued criminal complaints in officer-involved deaths.
Court — Procedure Death Defibrillator District attorney Evidence Police
- Introduced, completed
- Passes Senate, completed
- Passes Assembly, stopped here
- Governor signs, not reached
- 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, 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.
Sponsors
Registered lobbying interests · 8
Organizations that registered lobbying activity on this bill with the Wisconsin Ethics Commission. Registration means interest, not a position for or against. Official record
- American Civil Liberties Union of Wisconsin Inc
- Badger State Sheriffs' Association
- League of Women Voters of Wisconsin, Inc
- State Bar of Wisconsin
- Wisconsin Chiefs of Police Association Inc
- Wisconsin Professional Police Association
- Wisconsin Sheriffs and Deputy Sheriffs Association
- Wisconsin State Lodge Fraternal Order of Police
Votes
Senate: Report passage without recommendation, pursuant to Senate Rule 27 (4)(a), by Committee on Judiciary and Public Safety, Ayes 4, Noes 4
Failed 4–4 Feb 18, 2025 official source full pageNo individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.
Aye · 19
- André Jacque (1)
- Chris Kapenga (33)
- Cory Tomczyk (29)
- Dan Feyen (20)
- Devin LeMahieu (9)
- Howard Marklein (17)
- Jesse James (23)
- John Jagler (13)
- Julian Bradley (28)
- Kristin Dassler-Alfheim (18)
- Mary Felzkowski (12)
- Patrick Testin (24)
- Rachael Cabral-Guevara (19)
- Rob Hutton (5)
- Rob Stafsholt (10)
- Romaine Quinn (25)
- Sarah Keyeski (14)
- Steve Nass (11)
- Van Wanggaard (21)
Nay · 13
- Bob Wirch (22)
- Brad Pfaff (32)
- Chris Larson (7)
- Dianne Hesselbein (27)
- Dora Drake (4)
- Eric Wimberger (2)
- Jamie Wall (30)
- Jeff Smith (31)
- Jodi Habush Sinykin (8)
- LaTonya Johnson (6)
- Mark Spreitzer (15)
- Melissa Ratcliff (16)
- Tim Carpenter (3)
Not voting · 1
- Kelda Roys (26)
Full history
- Feb 5, 2025 · Senate
Introduced by Senators Hutton, Bradley, Wanggaard, Feyen, Nass, Tomczyk and Testin; cosponsored by Representatives Moses, Duchow, Dittrich, Piwowarczyk, Armstrong, Brooks, Donovan, B. Jacobson, Penterman, Murphy, Tucker, Wichgers and Behnke
- Feb 5, 2025 · Senate
Read first time and referred to Committee on Judiciary and Public Safety
- Feb 5, 2025 · Senate
Representative Swearingen added as a cosponsor
- Feb 6, 2025 · Senate
Public hearing held
- Feb 10, 2025 · Senate
Senator James added as a coauthor
- Feb 18, 2025 · Senate
Executive action taken
- Feb 18, 2025 · Senate
Report passage without recommendation, pursuant to Senate Rule 27 (4)(a), by Committee on Judiciary and Public Safety, Ayes 4, Noes 4
- Feb 18, 2025 · Senate
Available for scheduling
- Mar 14, 2025 · Senate
Placed on calendar 3-18-2025 pursuant to Senate Rule 18(1)
- Mar 18, 2025 · Senate
Ordered to a third reading
- Mar 18, 2025 · Senate
Rules suspended to give bill its third reading
- Mar 18, 2025 · Senate
Read a third time and passed, Ayes 19, Noes 13
- Mar 18, 2025 · Senate
Ordered immediately messaged
- Mar 18, 2025 · Senate
Read a second time
- Mar 19, 2025 · Assembly
Received from Senate
- Apr 24, 2025 · Assembly
Representative Maxey added as a cosponsor
- May 20, 2025 · Assembly
Representative O'Connor added as a cosponsor
- May 27, 2025 · Assembly
Read first time and referred to committee on Rules
- Oct 9, 2025 · Assembly
Placed on calendar 10-14-2025 by Committee on Rules
- Oct 14, 2025 · Assembly
Rules suspended to withdraw from calendar and take up
- Oct 14, 2025 · Assembly
Read a second time
- Oct 14, 2025 · Assembly
Ordered to a third reading
- Oct 14, 2025 · Assembly
Rules suspended
- Oct 14, 2025 · Assembly
Read a third time and concurred in
- Oct 14, 2025 · Assembly
Ordered immediately messaged
- Oct 15, 2025 · Senate
Received from Assembly concurred in
- Oct 15, 2025 · Senate
Report correctly enrolled
- Oct 30, 2025 · Senate
Presented to the Governor on 10-30-2025
- Nov 3, 2025 · Senate
Report vetoed by the Governor on 10-31-2025
- May 12, 2026 · Senate
Placed on calendar 5-12-2026 pursuant to Joint Rule 82 (2)(a)
- May 13, 2026 · Senate
Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82