Waukesha Times

On May 14, 2024, the state Senate voted to override Gov. Tony Evers’ veto of Senate Bill 517, a legislation of significant importance to law enforcement as they grapple with issues related to recruitment and retention of officers. The bill seeks to reform an antiquated state law that allows for unlimited court-authorized investigations into any citizen, including those who have been deemed innocent after comprehensive scrutiny by the criminal justice system.

This rarely invoked law permits any individual or group to seek out a sympathetic judge and convince them to initiate investigations into fellow citizens. This includes individuals who were compelled to legally defend themselves or others against immediate physical harm. Under this law, a judge can authorize an unlimited number of investigations, even without new evidence challenging the self-defense argument. This could occur despite multiple investigations confirming the person's use of force was justifiable and a District Attorney refusing to file charges.

The case of former Wauwatosa Police Officer Joseph Mensah exemplifies this situation. Following Mensah's legal harassment, this law has gained relevance among law enforcement officers who frequently find themselves in high-risk situations. The constant threat of being forced to use force in self-defense or defense of others and the possibility of this law being invoked against them poses a serious concern. The utilization of this process as punishment significantly impacts police morale, retention, and recruitment.

Senate Bill 517 aimed at introducing one requirement: new evidence. Before a judge can initiate a new investigation under this law, fresh evidence disputing the finding that the person acted justifiably in self-defense must be presented. All existing protections and investigation requirements would remain intact.

Sen. Rob Hutton (R-Brookfield), author of the bill, released a statement following today's veto override vote: “Law enforcement throughout the state has told me clearly that this simple update to an outdated law is one of the best ways we can address police staffing challenges.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.”