Senate Supports Law Enforcement, Overrides Veto

May 14, 2024

The state Senate voted today to override Gov. Tony Evers’ veto of Senate Bill 517, a bill of high priority to law enforcement as they seek to address challenges recruiting and retaining officers.

This bill reforms a state law predating statehood that allows limitless, court-authorized investigations into any citizen, even those who have been determined innocent after a thorough review of their actions by the criminal justice system.

This obscure law allows any person or group to venue shop for a sympathetic judge and persuade him or her to open investigations into fellow citizens, including a person who was forced to legally defend themselves or others against the threat of immediate bodily harm.

A judge can open an unlimited number of investigations under this law, even without any new evidence refuting the self-defense argument, multiple investigations verifying the person’s use of force was justifiable, and a DA refusing to file charges as a result. This occurred in the case of former Wauwatosa Police Officer Joseph Mensah.

In the wake of the legal badgering of Mensah, this law has become particularly relevant to law enforcement, who are constantly put in high-stakes encounters. The risk of being compelled to use force in self-defense or the defense of others is always present, as is the threat of this law being used against them. This use of the process as the punishment has a concerning impact on police morale, retention and recruiting.

SB 517 did only one thing: require new evidence. Before a judge can open a new investigation under this law, new evidence must be presented that disputes the finding that the person acted justifiably in self-defense. All the robust protections and investigation requirements that exist today would remain.

Bill author Sen. Rob Hutton (R-Brookfield) released the following statement following the veto override vote today:

“Law enforcement throughout the state has told me clearly that this simple update to an outdated law is one of the best ways we can address police staffing challenges. With his veto, the Governor sided with anti-police activists instead of those who risk their lives to keep our communities safe. The veto was a missed opportunity by the Governor, but today’s override vote was a rare chance to correct his misguided rejection of a sensible and overdue change to state law.”