Assembly Bill 34 proposes amendments to the statutes regarding court-issued criminal complaints in cases of officer-involved deaths. The bill establishes that if a district attorney determines there is no basis to prosecute a law enforcement officer involved in such a death, a circuit court may not allow the filing of a complaint against that officer unless new or unused evidence is presented. This change aims to clarify the circumstances under which legal action can be taken against officers in these sensitive cases.
The bill includes specific legal language changes, renumbering existing statutes and creating new subsections. Notably, it renumbers section 968.02 (3) to (3)(a) and creates a new section 968.02 (3)(b), which outlines the conditions under which a complaint may be filed against an officer. Similarly, it renumbers section 968.26 (2)(d) to (2)(d)1 and adds a new section 968.26 (2)(d)2, reinforcing the requirement for new or unused evidence before a complaint can be issued against an officer in officer-involved death cases.