In a major step to restore public trust in Wisconsin’s justice system, the State Senate recently passed Senate Bill 76—legislation aimed squarely at the growing trend of unchecked prosecutorial discretion that too often lets violent offenders walk free. Sponsored by Sen. Rob Hutton (R-Brookfield) and Rep. Brent Jacobson (R-Mosinee) this bill comes in response to public frustration over soft-on-crime practices driven by ideological prosecutors, many of whom are backed by progressive donors like George Soros.
Addressing the Revolving Door of Violent Offenders
For too long, citizens and law enforcement alike have watched repeat offenders’ game a broken system. Crimes like auto theft, domestic abuse, and even sexual assault have ended with sweetheart plea deals or dropped charges—all without a judge ever weighing in. Senate Bill 76 changes that. It requires prosecutors to obtain court approval before dismissing or amending charges in serious cases, including:
- Domestic violence
- Auto theft
- Child abuse
- Sexual assault
- Reckless driving causing serious injury
- Crimes involving illegal firearm possession by violent offenders
Ending Deferred Prosecution for Serious Crimes
The bill also bars deferred prosecution agreements—deals that let offenders avoid charges by agreeing to certain conditions—for these same categories of crime. Prosecutors will no longer be able to quietly sweep serious charges under the rug without accountability.
Balancing Discretion with Judicial Oversight and Transparency
Importantly, SB 76 doesn’t eliminate prosecutorial discretion; it simply applies a judicial check to ensure decisions align with public safety and legislative intent. Judges must now confirm that any proposed dismissal or amendment of charges serves the public interest and deters future crime.
Additionally, the bill mandates annual reports from courts detailing each case where they approved such a change. This brings a new level of transparency to a system that has long operated in the shadows. At a time when cities across the country are seeing the consequences of politically motivated prosecution—where ideology trumps law and victims are left behind.
Opposing Viewpoint: Concerns About Limiting Prosecutorial Discretion
Critics of Senate Bill 76, including the Wisconsin State Public Defender’s Office, argue that the legislation risks undermining core principles of justice by restricting prosecutorial discretion. In testimony to the Senate Judiciary Committee, the office emphasized that prosecutors need flexibility to assess each case individually based on evolving evidence, input from victims, and constitutional considerations. They noted that charges may rightfully be dismissed or amended if new facts come to light, including situations where the accused is ultimately found to be innocent. Opponents contend that SB 76 imposes a rigid, one-size-fits-all approach that could prevent prosecutors from adapting to the complexities of real-world cases. They warn that limiting discretion in this way could roll back years of progress in evidence-based practices and harm both defendants and communities by prioritizing uniformity over justice.
