Wisconsin 2025 Regular Session Status: Passed Assembly 14 R cosponsors

AB 66 — Relating to: dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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

This bill has passed the Assembly. Introduced February 24, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Prognosis

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Passed Assembly

    Current position in the legislative process.

  • 17 sponsors

    1 primary, 16 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (14 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

An Act to repeal 971.37; to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8), 814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.); to create 967.056 and 968.075 (7) (c) of the statutes;

Bill Text

What changed in the latest version

150 added · 9 removed

Plain-language change summary

The amendment to Assembly Bill 66 changes the process for dismissing or amending certain criminal charges. Previously, prosecutors could make these decisions without needing court approval, but the amendment now requires them to seek approval for charges related to serious crimes, such as domestic abuse, theft of a vehicle, and sexual assault. This change is important because it adds an extra layer of oversight to ensure that serious offenses are properly handled, helping to protect victims and enhance public safety.

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- 2026 LEGISLATURE LRBa0051/1 CMH:wlj ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 66 March 5, 2025 - Offered by RepresentativACOBSON .
- 2026 LEGISLATURE LRB-1605/1 CMH:emw ASSEMBLY BILL 66 February 24, 2025 - Introduced by Representatives B.
At the locations indicated, amend the bill as follows:
ACOBSON , BEHNKE , RILL, D ITTRICH, DONOVAN , DUCHOW , GUNDRUM , KNODL , KREIBICH, KRUG , MOSES, M URPHY , MURSAU and W ICHGERS , cosponsored by Senators H UTTON , NASS and TOMCZYK .
1.
Referred to Committee on Judiciary.
Page 2, line 1:
A N A CT to repeal 971.37;
delete the material beginning with that line and ending with page 3, line 4.
to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8), 814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.);
to create 967.056 and 968.075 (7) (c) of the statutes;
relating to:
dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes.
Analysis by the Legislative Reference Bureau 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 - 2026 Legislature - 2 - LRB-1605/1 CMH:emw ASSEMBLY BILL 66 SECTION 1 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.
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 if a complaint or information is filed that alleges the person committed 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:
SECTION 1.
20.410 (1) (gL) of the statutes is amended to read:
20.410 (1) (gL) Global positioning system tracking devices for certain violators of restraining orders.
All moneys received under s.
301.49 (5) and all moneys received from the global positioning system tracking surcharge on court fines, as authorized under s.
971.37 (1m) (c) 1.
or 973.057, for expenditures related to the global positioning system tracking program under s.
301.49.
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.
20.437 (1) (hh) at the end of that fiscal year.
SECTION 2.
20.437 (1) (hh) of the statutes is amended to read:
- 2026 Legislature - 3 - LRB-1605/1 CMH:emw ASSEMBLY BILL 66 SECTION 2 20.437 (1) (hh) Domestic abuse surcharge grants.
Show all 124 changed rows (84 more)
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All moneys received from the domestic abuse surcharge on court fines, as authorized under s.
971.37 (1m) (c) 1.
or 973.055, to provide grants to domestic abuse services organizations under s.
49.165.
S ECTION 3.
814.75 (8) of the statutes is amended to read:
814.75 (8) The domestic abuse surcharge under s.
971.37 (1m) (c) 1.
or 973.055.
S ECTION 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.
S ECTION 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 973.055.
S ECTION 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 973.055.
S ECTION 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.
or 973.055.
S ECTION 8.
967.056 of the statutes is created to read:
967.056 Prosecution of certain crimes.
(1) I NTENT .
The legislature intends to encourage the vigorous prosecution of persons who commit offenses that are covered crimes.
- 2026 Legislature - 4 - LRB-1605/1 CMH:emw ASSEMBLY BILL 66 SECTION 8 (2) DEFINITION.
In this section, “covered crime” means any of the following:
(a) An act of domestic abuse, as defined in 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.
813.12.
(b) A violation of s.
943.23.
(c) A violation of s.
940.198 or 940.285 or a violation of a temporary restraining order or injunction issued under s.
813.123.
(d) A violation of s.
940.225 (1), (2), or (3).
(e) A crime specified in ch.
948, including a crime specified in s.
948.015.
(f) A violation of 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.
941.29 (1g) (a).
(g) A violation of s.
346.62 (4).
(3) D ISMISSING OR AMENDING CHARGE .
Notwithstanding s.
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.
In the application to the court, the prosecutor shall state the reasons for the proposed amendment or dismissal.
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.
(1).
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.
13.172 (3) - 2026 Legislature - 5 - LRB-1605/1 CMH:emw ASSEMBLY BILL 66 SECTION 8 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.
(4) N O DEFERRED PROSECUTION .
A prosecutor may not place a person in a deferred prosecution program if a complaint or information is filed that alleges the person committed a covered crime or if the person is charged with a covered crime.
S ECTION 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.
S ECTION 10.
971.37 of the statutes is repealed.
S ECTION 11.
971.38 (1) of the statutes is amended to read:
971.38 (1) Except as provided in s.
967.055 (3) or 967.056 (4), the 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.
S ECTION 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 967.056 (4), 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 - 2026 Legislature - 6 - LRB-1605/1 CMH:emw ASSEMBLY BILL 66 S ECTION 12 deferred prosecution agreement which includes, but is not limited to, the following conditions:
SECTION 13.
Initial applicability.
(1) This act first applies to a complaint, information, or charge filed on the effective date of this subsection.
View plain text versions (2)

Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

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

  3. Received from Assembly

  4. Ordered immediately messaged

  5. Read a third time and passed, Ayes 53, Noes 44

  6. Rules suspended

  7. Ordered to a third reading

  8. Assembly Amendment 1 adopted

  9. Decision of the Chair upheld, Ayes 53, Noes 43

  10. Decision of the Chair appealed

  11. Point of order that Assembly Substitute Amendment 1 not germane under Assembly Rule 54 (3)(f) well taken

  12. Assembly Substitute Amendment 1 offered by Representative McGuire

  13. Read a second time

  14. Referred to calendar of 3-13-2025 pursuant to Assembly Rule 45 (1)

  15. Report passage as amended recommended by Committee on Judiciary, Ayes 3, Noes 1

  16. Report Assembly Amendment 1 adoption recommended by Committee on Judiciary, Ayes 4, Noes 0

  17. Executive action taken

  18. Assembly Amendment 1 offered by Representative B. Jacobson

  19. Public hearing held

  20. Read first time and referred to Committee on Judiciary

  21. Introduced by Representatives B. Jacobson, Behnke, Brill, Dittrich, Donovan, Duchow, Gundrum, Knodl, Kreibich, Krug, Moses, Murphy, Mursau and Wichgers; cosponsored by Senators Hutton, Nass and Tomczyk

Sponsors

Sponsorship breakdown

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1 sponsors · 16 co-sponsors · 115 not signed on · 40 voted No

Sponsors (1)

Co-sponsors (16)

Not signed on (115)

115 members have not signed on to this bill.

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"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

Passed 53 Yea · 43 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 52001
Unaffiliated 1300
Democrat 04002
Total 534303
% of votes cast 54%43%0%3%
How each member voted (99)
Member Party Vote
ANDERSON — Nay
JOHNSON — Nay
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Andraca, Deb Democrat Nay
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Not Voting
Cruz, Angelina Democrat Nay
DeSanto, Karen Democrat Nay
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Nay
Emerson, Jodi Democrat Nay
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Nay
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Nay
McGuire, Tip Democrat Nay
Miresse, Vincent Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Not Voting
Palmeri, Lori Democrat Nay
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Nay
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Nay
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Taylor, Sequanna Democrat Nay
Tenorio, Angelito Democrat Nay
Udell, Randy 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
Brill, Lindee 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
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul 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 Not Voting
Petersen, Kevin Republican Yea
Piwowarczyk, Jim 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
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

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Frequently asked questions

What does AB 66 do?
An Act to repeal 971.37; to amend 20.410 (1) (gL), 20.437 (1) (hh), 814.75 (8), 814.75 (8m), 814.76 (6), 814.80 (6), 814.81 (6), 971.38 (1) and 971.39 (1) (intro.); to create 967.056 and 968.075 (7) (c) of the statutes;
Who sponsors AB 66?
AB 66 is sponsored by Hutton, Nass, Tomczyk, Jacobson, Brent (Republican), Behnke, Elijah (Republican), Brill, Lindee (Republican), Dittrich, Barbara (Republican), Donovan, Bob (Republican), Duchow, Cindi (Republican), Gundrum, Rick (Republican), Knodl, Daniel (Republican), Kreibich, Rob (Republican), Krug, Scott (Republican), Moses, Clint (Republican), Murphy, David (Republican), Mursau, Jeffrey (Republican), and Wichgers, Chuck (Republican).
What is the current status of AB 66?
This bill has passed the Assembly. Introduced February 24, 2025. It now moves to the second chamber.
Where can I track AB 66?
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