Wisconsin Assembly approves criminal justice, human trafficking bills

Assembly lawmakers approved a range of bills related to crime, policing and trafficking Tuesday — including one that would end a judge’s ability to pursue charges against an officer involved in someone’s death, if a district attorney has already declined to pursue charges.

While the bill passed quietly, it’s been the subject of debate in the past. Currently, judges have the discretion to hold a probable cause hearing about whether an officer-involved death may have been a crime, and then to override the DA’s decision.

Republicans, who authored the bill, argue it will protect officers who act in self-defense. During a February committee hearing, lead author Sen. Rob Hutton, R-Brookfield, said in prepared testimony that the plan would limit “baseless, open-ended investigations meant to harass police officers.”

Hutton and other Republicans pointed to the case of Wauwatosa Police Officer Joseph Mensah, who was investigated after a circuit court judge found probable cause to do so. The judge took that step years after a DA determined Mensah had acted in self-defense when he killed someone while working.

The bill is supported by police unions. Democrats and civil rights groups oppose it, saying it would strip away an important accountability measure. At that same February committee hearing, the State Bar of Wisconsin’s Section Board on Civil Rights and Liberties said judges should have discretion over investigations, and the bill violates separation of powers and victims’ rights.

The bill includes an exception if new evidence comes to light. It heads next to Gov. Tony Evers’ desk.

Also on Tuesday, Assembly lawmakers approved a bill that would make it a felony to impersonate police, firefighters or emergency medical providers, and another that increases the penalties on crimes related to human trafficking.

And they passed a bill that would increase penalties on people who harass or abuse service animals, including making it a felony if those actions cause the animal’s injury or death.

Democrats shift focus to Epstein files

The national debate over the so-called “Epstein files” reached the floor of the state Assembly when Democrats unsuccessfully tried to force a vote over releasing files related to deceased child sex trafficker Jeffrey Epstein.

Democrats tried to tack an amendment about releasing documents related to the investigation into Epstein and his associates onto an unrelated bill about criminal prosecution.

As written, the bill — which ultimately passed with only Republican support, and is now heading to Gov. Tony Evers’ desk for a signature — would tighten the rules on when a prosecutor can dismiss charges of domestic violence, car theft, sexual assault, crimes against children, reckless driving or illegal gun possession.

Democrats’ amendment would have inserted a line about releasing “documents, files and records related to Jeffrey Epstein” into the body of the bill. That amendment would have called on the governor to sign a notice calling for their release.

The Epstein files have been the subject of a battle in Congress for months, as some lawmakers have demanded that the U.S. Department of Justice make public what it knows about Epstein’s crimes and who else was involved. Many Democrats and some Republicans have argued that allies of President Donald Trump are purposefully withholding the documents.

Rep. Kevin Petersen, R-Waupaca, who oversees floor debate as the Assembly’s speaker pro tempore, repeatedly gaveled over Democrats who rose to speak in favor of the amendment, saying the action had nothing to do with Wisconsin.

To one Democrat listing names of Epstein victims, Petersen responded: “How do any of these names relate to Wisconsin?”

“Did Jeffrey Epstein do this in Wisconsin?” he responded to another.

Democrats argued the vote would send a message of support to Epstein’s victims and was in accordance with the legislative theme of the day.

“Either you’re with children and women who have been victims of trafficking and sexual assault, or you are against them,” said Rep. Lee Snodgrass, D-Appleton.

Assembly Majority Leader Tyler August, R-Walworth, called the debate “embarrassing.”

“This has got to be one of the more embarrassing days for the Assembly minority that I’ve seen in a really, really long time,” said August. “And that’s saying something, because there’s been a lot of embarrassing days.”