Green Bay Reporter

The new bill authored by State Rep. Behnke aims to strengthen prosecution standards for serious crimes by requiring court approval for charge dismissals or amendments, according to the Wisconsin State Assembly.

According to the Wisconsin State Legislature's official website, the bill was described as follows: "dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes".

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill mandates that prosecutors must obtain court approval to dismiss or amend charges for specific serious crimes, including domestic abuse, automobile theft, first to third-degree sexual assault, crimes against children, illegal possession of a firearm by individuals with a history of violent felonies, and reckless driving causing great bodily harm. The bill outlines that courts can approve such dismissals or amendments only if deemed consistent with deterring these crimes and aligned with legislative intent to enforce strict prosecution. Annually, courts approving any dismissals or amendments must report them to the legislature. Furthermore, the bill prohibits deferred prosecution agreements for defendants charged with these serious crimes. It amends related statutes to reflect these changes and repeals statute 971.37. The bill also discusses financial appropriations related to global positioning system tracking and domestic abuse surcharges. This act first applies to complaints, information, or charges filed on the effective date specified in the bill.

The bill was co-authored by Senator Rob Hutton (Republican-5th District), Representative Lindee Rae Brill (Republican-27th District), Representative Barbara Dittrich (Republican-99th District), Representative Bob G. Donovan (Republican-61st District), Representative Cindi Duchow (Republican-97th District). It was co-sponsored by Senator Steve L. Nass (Republican-11th District) and Senator Cory Tomczyk (Republican-29th District), along six other co-sponsors.

Elijah R. Behnke has co-authored or authored another 32 bills since the beginning of the 2025 session, with none of them being enacted.

Behnke graduated from Toccoa Falls College in 2005 with an AA.

Behnke, a Republican, was elected to the Wisconsin State Assembly in 2025 to represent the state's 6th Assembly district, replacing previous state representative Peter Schmidt.

In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.

Bill Number	Date Introduced	Short Description
AB66	02/24/2025	Dismissing or amending certain criminal charges and deferred prosecution agreements for certain crimes
AB64	02/24/2025	An income tax subtraction for certain expenses paid by a school teacher. (FE)
AB42	02/17/2025	Local regulation of fowl
AB38	02/17/2025	An income tax exemption for cash tips paid to an employee. (FE)
AB36	02/17/2025	Law enforcement and firefighter annuitants in the Wisconsin Retirement System who are rehired by a participating employer. (FE)
AB30	02/17/2025	Prohibiting a foreign adversary from acquiring agricultural or forestry land in this state
AB26	02/17/2025	Battery or threat to jurors and providing a penalty
AB18	02/06/2025	Fee waivers for state park vehicle admission receipts to pupils with Every Kid Outdoors passes. (FE)
AB4	02/03/2025	Required instruction in civics in the elementary and high school grades, high school graduation requirements, and private school educational program criteria. (FE)
AB3	02/03/2025	Incorporating cursive writing into the state model English language arts standards and requiring cursive writing in elementary grades. (FE)