New State Legislation Could Make it Harder for Prosecutors to Drop Charges in Certain Types of Cases

Thursday, August 24th, 2023 -- 9:01 AM

(By Sarah Lehr, Wisconsin Public Radio) Legislation advancing in Wisconsin could make it harder for prosecutors to drop charges in certain types of cases.

According to Sarah Lehr with the Wisconsin Public Radio, a state Senate committee heard testimony Tuesday on Senate Bill 86, which would require prosecutors to get approval from a judge or court commissioner if they wanted to dismiss or amend charges in seven types of cases.

The bill would also prohibit deferred prosection agreements in those categories of cases. That's when an offender agrees to certain conditions, like drug testing, attending therapy or completing community service, in exchange for the charges against them being reduced or dismissed.

The restrictions would apply to the following list of alleged crimes:

• Domestic abuse or a violating a domestic abuse temporary restraining order or injunction;
• Automobile theft;
• A crime of abuse by an individual at risk or a violation of an individual-at-risk temporary restraining order or injunction;
• First-degree, second-degree or third-degree sexual assault;
• A crime against a child;
• Illegal possession of a firearm if the person has been convicted of, adjudicated delinquent for, or found not guilty by reason of mental disease committing or attempting to commit a violent felony;
• And reckless driving that results in great bodily harm.

Backers of the legislation say it will provide a check on district attorneys and ensure that people are held accountable for serious crimes. An identical version of the bill cleared Wisconsin's Assembly this spring, with Republicans voting in favor and Democrats voting against. But state Rep. Lena Taylor, D-Milwaukee, worries the added approval requirements would worsen court backlogs.

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