SB 76 Wisconsin Senate · 2025-2026 Regular Session

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

SB 76 requires courts to approve any dismissal or amendment of criminal charges for specific "covered crimes" (like domestic abuse violations, certain traffic offenses, or crimes under Chapter 948). Prosecutors must provide reasons for seeking such changes, and courts can only approve if the action aligns with deterring these offenses. The bill also prohibits deferred prosecution agreements for these crimes and mandates annual court reports detailing approved dismissals. This directly affects prosecutors, courts, and defendants charged with the listed offenses.

Issues: ✗ Criminal Justice

Bill status vetoed 4 of 5 stages cleared

Introduction

Feb 2025

Committee Review

Oct 2025

Senate Passage

Apr 2025

Assembly Passage

Oct 2025

Vetoed

Nov 2025

Introduced Feb 26, 2025 Vetoed Nov 3, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Bill Text → Text as Enrolled · 5 edits

MODERATE

This bill requires court approval before prosecutors can dismiss charges or enter deferred prosecution agreements for serious crimes like domestic abuse, sexual assault, and child abuse. Previously, prosecutors could make these decisions independently. The law also adds new definitions for 'covered crimes' and establishes reporting requirements for courts that approve such dismissals.

Scope change

The scope of judicial oversight expanded from no approval required to mandatory court approval for specific serious offenses, and the definition of covered crimes was updated to reference specific statutes.

REQUIREMENT

Prosecutors must now obtain court approval to dismiss or amend charges for covered crimes, whereas they previously could do so without court involvement.

DEFINITION

New statutory definitions were added to specify exactly which crimes (e.g., domestic abuse, sexual assault, child abuse) are considered 'covered crimes' requiring judicial oversight.

ENFORCEMENT

Courts must submit an annual report to the legislature detailing every instance where they approved a dismissal or amendment for a covered crime.

ELIGIBILITY

Deferred prosecution agreements are now prohibited for individuals charged with covered crimes, whereas prior rules had different restrictions.

TECHNICAL

Several sections regarding surcharge funding and appropriations were renumbered and text was updated to align with new section numbers.

Floor votes · Assembly Oct 14, 2025

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Nov 3, 2025

Vetoed

Report vetoed by the Governor on 10-31-2025

upper

Oct 14, 2025

Lower · Passed

Read a third time and concurred in, Ayes 53, Noes 43, Paired 2

lower

Oct 14, 2025

Introduced

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

lower

Oct 14, 2025

Introduced

Assembly Amendment 1 offered by Representative Udell

lower

Oct 9, 2025

Lower · Passed

Placed on calendar 10-14-2025 by Committee on Rules

lower

Apr 22, 2025

Upper · Passed

Read a third time and passed, Ayes 18, Noes 15

upper

Apr 22, 2025

Upper · Passed

Senate Amendment 2 adopted

upper

Apr 22, 2025

Upper · Passed

Senate Amendment 1 adopted

upper

Apr 15, 2025

Upper · Passed

Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

upper

Apr 15, 2025

Upper · Passed

Report adoption of Senate Amendment 2 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

upper

Apr 15, 2025

Upper · Passed

Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

upper

Apr 11, 2025

Introduced

Senate Amendment 2 offered by Senators Hutton and Wimberger

upper

Mar 10, 2025

Introduced

Senate Amendment 1 offered by Senator Hutton

upper

Feb 26, 2025

Introduced

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

upper

3 primary · 0 co-sponsors