Wisconsin 2023-2024 Regular Session Status: To Executive 7 R cosponsors

AB 57 — Relating to: dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes.

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

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Tony Evers (Democratic) on December 06, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

76 added · 141 removed

Plain-language change summary

The amendments to Assembly Bill 57 change how prosecutors can handle certain serious criminal charges. Previously, prosecutors could dismiss or amend charges without needing court approval; now, they must get court approval for crimes like domestic abuse, auto theft, and sexual assault, among others. This change is significant because it aims to ensure greater judicial oversight and accountability in cases that involve serious offenses, thereby potentially offering more protection for victims and the community.

→
Previous
Latest
- 2024 LEGISLATURE LRB-2063/1 CMH:klm ASSEMBLY BILL 57 February 20, 2023 - Introduced by Representatives R ETTINGER, MICHALSKI, DONOVAN , BEHNKE , G UNDRUM , KNODL , M URPHY, N EDWESKI, ROZAR and SUMMERFIELD , cosponsored by SenatorsUTTON , NASSand JACQUE .
Date of enactment:
Referred to Committee on Judiciary.
Assembly Bill 57 Date of publication*:
A N A CT to repeal 971.37;
WISCONSIN ACT A N A CT to repeal 971.37;
Analysis by the Legislative Reference Bureau Under current law, a prosecutor may dismiss or amend a criminal charge without approval from the court.
The people of the state of Wisconsin, represented in 814.75 (8) The domestic abuse surcharge under s.
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:
senate and assembly, do enact as follows:
1) a crime of domestic abuse or a violation of a domestic violence temporary restraining order or injunction;
971.37 (1m) (c) 1.
2) theft of an automobile;
or 973.055.
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 - 2024 Legislature - 2 - LRB-2063/1 CMH:klm ASSEMBLY BILL 57 amendment in a year, the court must submit an annual report to the legislature detailing each approval.
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
20.410 (1) (gL) of the statutes is amended to read:
20.410 (1) (gL) of the statutes is amended S ECTION 4.
20.410 (1) (gL) Global positioning system tracking devices for certain violators of restraining orders.
814.75 (8m) of the statutes is amended to to read:
All moneys received under s.
read:
301.49 (5) and all moneys received from the global positioning system tracking surcharge on court fines, as authorized under s.
20.410 (1) (gL) Global positioning system tracking 814.75(8m) The global positioning system tracking surcharge under s.
or 973.057, for expenditures related to the global positioning system tracking program under s.
or 973.057.
devices for certain violators of restraining orders.
All S ECTION 5.
814.76 (6) of the statutes is amended to moneys received under s.
301.49 (5) and all moneys received from the global positioning system tracking sur- read:
charge on court fines, as authorized under s.
971.37 (1m) 814.76 (6) The domestic abuse surcharge under s.
(c) 1.
or 973.057, for expenditures related to the global 971.37 (1m) (c) 1.
or 973.055.
positioning system tracking program under s.
If the unencumbered balance in this appropriation account exceeds $100,000 immediately before the end of any fiscal year, the department of corrections shall transfer the excess to the appropriation account under s.
If S ECTION 6.
20.437 (1) (hh) at the end of that fiscal year.
814.80 (6) of the statutes is amended to the unencumbered balance in this appropriation account read:
814.80 (6) The domestic abuse surcharge under s.
Show all 146 changed rows (106 more)
Previous
Latest
exceeds $100,000 immediately before the end of any fis- cal year, the department of corrections shall transfer the 971.37 (1m) (c) 1.
or 973.055.
excess to the appropriation account under s.
20.437 (1) S ECTION 7.
814.81 (6) of the statutes is amended to (hh) at the end of that fiscal year.
read:
20.437 (1) (hh) of the statutes is amended to read:
20.437 (1) (hh) of the statutes is amended 814.81 (6) The domestic abuse surcharge under s.
20.437(1) (hh) Domestic abuse surcharge grants.
to read:
All moneys received from the domestic abuse surcharge on court fines, as authorized under s.
or 973.055, to provide grants to domestic abuse services organizations under s.
49.165.
LRB-2063/1 - 2024 Legislature - 3 - CMH:klm SECTION 3 ASSEMBLY BILL 57 SECTION 3.
814.75 (8) of the statutes is amended to read:
814.75(8) The domestic abuse surcharge under s.
971.37 (1m) (c973.055.
SECTION 4.
814.75 (8m) of the statutes is amended to read:
814.75 (8m) The global positioning system tracking surcharge under s.
971.37 (1m) (c) 1.
or 973.057.
SECTION 5.
814.76 (6) of the statutes is amended to read:
814.76(6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
or.
SECTION 6.
814.80 (6) of the statutes is amended to read:
814.80(6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
or.
SECTION 7.
814.81 (6) of the statutes is amended to read:
814.81(6) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
SECTION 8.
S ECTION 8.
967.056 Prosecution of certain crimes.
20.437 (1) (hh) Domestic abuse surcharge grants.
(1) NTENT.The legislature intends to encourage the vigorous prosecution of persons who commit offenses that are covered crimes.
All moneys received from the domestic abuse surcharge 967.056 Prosecution of certain crimes.
(2) DEFINITION.In this section, “covered crime” means any of the following:
(1) I NTENT.
(a) An act of domestic abuse, as defined in s.
on court fines, as authorized under s.
968.075 (1) (a), that constitutes the commission of a crime or a violation of a temporary restraining order or injunction issued under s.
971.37 (1m) (c) 1.
The legislature intends to encourage the vigorous prose- or 973.055, to provide grants to domestic abuse services cution of persons who commit offenses that are covered organizations under s.
49.165.
crimes.
SECTION 3.
814.75 (8) of the statutes is amended to (2) D EFINITION.
In this section, “covered crime” read:
means any of the following:
* Section 991.11ISCONSINSTATUTE:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2023 Assembly Bill 57 (a) Anactof domestic abuse, as defined in s.
968.075 complaint or information is filed that alleges the person (1) (a), that constitutes the commission of a crime or a committed a covered crime or if the person is charged violation of a temporary restraining order or injunction with a covered crime.
issued under s.
(b) A violation of s.
SECTION 9.
968.075 (7) (c) of the statutes is created (b) A violation of s.
to read:
940.198 or 940.285 or a violation of a temporary restraining order or injunction issued under s.
940.198 or 940.285 or a violation 968.075 (7) (c) A policy indicating how the office of a temporary restraining order or injunction issued may best execute the intent of s.
967.056.
under s.
SECTION 10.
971.37 of the statutes is repealed.
(e) A crime specified in ch.
SECTION 11.
948, including a crime specified in s.
971.38 (1) of the statutes is amended to (e) A crime specified in ch.
948, including a crime read:
specified in s.
- 2024 Legislature - 4 - LRB-2063/1 CMH:klm ASSEMBLY BILL 57 SECTION 8 (f) A violation of s.
971.38 (1) Except as provided in s.
941.29 (1m) if the individual 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 in s.
967.055 (3) or (f) A violation of s.
941.29 (1m) if the individual has 967.056 (4), the district attorney may require as a condi- been convicted of, adjudicated delinquent for, or found tion of any deferred prosecution program for any crime not guilty by reason of mental disease or defect of, com- mitting, soliciting, conspiring, or attempting to commit that the defendant perform community service work for a public agency or a nonprofit charitable organization.
a violent felony, as defined in s.
(g) A violation of s.
The number of hours of work required may not exceed (g) A violation of s.
(3) D ISMISSING OR AMENDING CHARGE.
what would be reasonable considering the seriousness of (3) DISMISSING OR AMENDING CHARGE.
Notwithstanding s.
Notwithstand- the alleged offense.
971.29, if an individual is charged with a covered crime, a prosecutor may not dismiss or amend the charge without the approval of the court.
An order may only apply if agreed ing s.
In the application to the court, the prosecutor shall state the reasons for the proposed amendment or dismissal.
971.29, if an individual is charged with a covered crime, a prosecutor may not dismiss or amend the charge to by the defendant and the organization or agency.
The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the commission of covered crimes and consistent with the legislature's intent expressed in sub.
The without the approval of the court.
In the application to the district attorney shall ensure that the defendant is pro- vided a written statement of the terms of the community court, the prosecutor shall state the reasons for the pro- service order and that the community service order is posed amendment or dismissal.
The court may approve monitored.
the application only if the court finds that the proposed amendment or dismissal is consistent with the public’s SECTION 12.
971.39 (1) (intro.) of the statutes is interest in deterring the commission of covered crimes amended to read:
and consistent with the legislature’s intent expressed in 971.39 (1) (intro.) Except as provided in s.
967.055 (3) or 967.056 (4), in counties having a population of less sub.
If a court approves at least one application in a year, the court shall submit to the appropriate standing committees of the legislature under s.
If a court approves at least one application in a than 100,000, if a defendant is charged with a crime, the year, the court shall submit to the appropriate standing committees of the legislature under s.
13.172 (3) an annual report detailing each application the court approved that year and how each approval is consistent with the public's interest and the legislature's intent.
13.172 (3) an district attorney, the department and a defendant may all annual report detailing each application the court enter into a deferred prosecution agreement which approved that year and how each approval is consistent includes, but is not limited to, the following conditions:
with the public’s interest and the legislature’s intent.
SECTION 13.
Initial applicability.
A prosecutor may not place a person in a deferred prosecution program if the person is accused of or charged with a covered crime.
A prosecutor may (1) This act first applies to a complaint, information, not place a person in a deferred prosecution program if a or charge filed on the effective date of this subsection.
SECTION 9.
968.075 (7) (c) of the statutes is created to read:
968.075 (7) (c) A policy indicating how the office may best execute the intent of s.
967.056.
SECTION 10.
971.37 of the statutes is repealed.
SECTION 11.
971.38 (1) of the statutes is amended to read:
LRB-2063/1 - 2024 Legislature - 5 - CMH:klm SECTION 11 ASSEMBLY BILL 57 971.38 (1) Except as provided in s.
967.055 (3) or 967.056 (4)e district attorney may require as a condition of any deferred prosecution program for any crime that the defendant perform community service work for a public agency or a nonprofit charitable organization.
The number of hours of work required may not exceed what would be reasonable considering the seriousness of the alleged offense.
An order may only apply if agreed to by the defendant and the organization or agency.
The district attorney shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
SECTION 12.
971.39 (1) (intro.) of the statutes is amended to read:
971.39(1) (intro.) Except as provided in s.
967.055 (3) or , in counties having a population of less than 100,000, if a defendant is charged with a crime, the district attorney, the department and a defendant may all enter into a deferred prosecution agreement which includes, but is not limited to, the following conditions:
SECTION 13.0Initial applicability.
(1) This act first applies to accusations made or charges filed on the effective date of this subsection.
(END)
⬇ Download PDF
View plain text versions (3)

Action History

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

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

  3. Referred to committee on Rules

  4. Representative Gustafson added as a coauthor

  5. Report vetoed by the Governor on 12-6-2023

  6. Presented to the Governor on 11-30-2023

  7. Report correctly enrolled on 9-15-2023

  8. Action ordered immediately messaged

  9. Senate Amendment 1 concurred in

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

  11. Ordered immediately messaged

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

  13. Rules suspended to give bill its third reading

  14. Ordered to a third reading

  15. Senate Amendment 1 adopted

  16. Read a second time

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

  18. Senate Amendment 1 offered by Senator Hutton

  19. Available for scheduling

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

  21. Executive action taken

  22. Public hearing held

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

  24. Received from Assembly

  25. Ordered immediately messaged

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

  27. Rules suspended

  28. Ordered to a third reading

  29. Representative O'Connor added as a coauthor

  30. Read a second time

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

  32. Referred to committee on Rules

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

  34. Executive action taken

  35. Public hearing held

  36. Read first time and referred to Committee on Judiciary

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

10 sponsors · 0 co-sponsors · 122 not signed on · 34 voted No

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (122)

122 members have not signed on to this bill.

Show all 122 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 22 Yea · 11 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Republican 19000
Democrat 0900
Total 221100
% of votes cast 67%33%0%0%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
STROEBEL — Yea
COWLES — Yea
AGARD — Nay
JOHNSON — Nay
Carpenter, Tim Democrat Nay
Hesselbein, Dianne Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Spreitzer, Mark Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
Knodl, Daniel Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

PASSAGE

Passed 62 Yea · 35 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 43000
Democrat 02400
Unaffiliated 191100
Total 623500
% of votes cast 64%36%0%0%
How each member voted (97)
Member Party Vote
BALDEH — Nay
BINSFELD — Yea
BODDEN — Yea
BRANDTJEN — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
JOHNSON — Yea
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Yea
MICHALSKI — Yea
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Nay
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Yea
SCHUTT — Yea
SHANKLAND — Nay
SHELTON — Nay
SPEAKER — Yea
ANDERSON, J — Nay
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Clancy, Ryan Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Madison, Darrin Democrat Nay
McGuire, Tip Democrat Nay
Moore Omokunde, Supreme Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Ratcliff, Melissa Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 57?
AB 57 is sponsored by Rettinger, Michalski, Donovan, Bob (Republican), Behnke, Elijah (Republican), Gundrum, Rick (Republican), Knodl, Daniel (Republican), Murphy, David (Republican), Nedweski, Amanda (Republican), Rozar, and Summerfield, Rob (Republican).
What is the current status of AB 57?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 57?
Track AB 57 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 57

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 57

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →