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.
This has been used in recent years by the families of individuals killed by police in an effort to seek justice when a District Attorney declines to prosecute the police officer involved.
Under this bill, if the district attorney refused to charge a law enforcement officer for an “officer-involved death” a judge cannot allow a complaint to be filed against the officer using the John Doe Law “unless there is new or unused evidence presented.”
ACLU-WI opposed, and Governor Evers vetoed a similar bill passed last session.
