An Act to renumber 968.02 (3) and 968.26 (2) (d); to create 968.02 (3) (b) and 968.26 (2) (d) 2. of the statutes; Relating to: court-issued criminal complaints in officer-involved deaths.
Summary
SB25 would change Wisconsin’s criminal complaint process in a narrow category of cases involving officer-involved deaths. Under current law, if a district attorney declines to issue a criminal complaint, a judge may hold a hearing and independently determine whether probable cause exists to allow a complaint to be filed. This bill creates an exception for law enforcement officers involved in an officer-involved death: if the district attorney determines there is no basis to prosecute the officer, a circuit court or judge may not permit or issue a complaint unless new or unused evidence is presented.
The bill also renumbers existing complaint-procedure provisions and makes the new limitation apply only to district attorney determinations made on or after the effective date. In practical terms, it would restrict the ability of private complainants or courts to seek criminal charges against officers after a prosecutor has declined to proceed, unless the request is supported by evidence not previously considered.
Impact
SB25 would amend Wisconsin statutes governing criminal complaints, specifically ss. 968.02 and 968.26, by adding a special rule for officer-involved deaths as defined in s. 175.47 (1) (c). It limits judicial authority to authorize complaints against law enforcement officers in those cases when a district attorney has already found no basis to prosecute, unless new or unused evidence is presented. The bill therefore narrows an existing avenue for court review of prosecutorial refusals in a defined subset of cases and affects district attorneys, circuit courts, complainants, and law enforcement officers involved in fatal incidents.
Sentiment
The available voting history suggests the bill had meaningful support but also notable opposition. It passed the Senate 19-13, indicating a divided chamber rather than broad consensus. The bill’s later failure to pass notwithstanding the Governor’s objections shows it remained politically contested through the end of the process. No committee transcript is available here, so the record does not show detailed debate, but the vote pattern indicates the measure was supported by a majority while facing substantial resistance.
Contention
The central point of contention is the bill’s restriction on judicially issued criminal complaints in officer-involved deaths after a district attorney declines prosecution. Supporters likely view the measure as limiting repetitive or duplicative proceedings and requiring genuinely new evidence before reopening the question of criminal charges. Opponents likely see it as reducing independent judicial oversight and making it harder to pursue accountability in police-involved fatalities, especially where the prosecutor’s decision is disputed. The tension is between finality and deference to prosecutorial judgment on one hand, and access to an additional charging mechanism in high-profile use-of-force deaths on the other.
Crossfiled
An Act to renumber 968.02 (3) and 968.26 (2) (d); to create 968.02 (3) (b) and 968.26 (2) (d) 2. of the statutes; Relating to: court-issued criminal complaints in officer-involved deaths.