Proposed Wisconsin Bill 380 May Prohibit Some Criminal Defenses

 Posted on August 06, 2025 in Criminal Defense

Wisconsin lawmakers are currently considering Bill 380, legislation that could restrict or eliminate certain criminal defenses previously allowed in court. If the bill passes, a defendant’s ability to argue mental incapacity, self-defense, or adequate provocation (when the claim is based on the victim’s gender identity or sexual orientation) could be restricted or eliminated.  As you might imagine, this proposed change is sparking considerable debate among defense attorneys, civil rights advocates, and criminal justice experts.

There is much at stake for defendants if Bill 380 passes; when these traditional defenses are removed, harsher punishments and a more rigid system are likely to be the result. If you have been accused of a criminal offense, it is important to speak to a knowledgeable Ozaukee County, WI criminal defense lawyer as quickly as possible.

The Differences Between Current Laws and Bill 380 in Criminal Liability

The current criminal defense landscape in Wisconsin could undergo significant changes if Bill 380 passes. For example, consider the mitigating factor of provocation. A person charged with first-degree intentional homicide could potentially have those charges reduced to a less serious criminal offense if the defendant reasonably believed, at the time the crime was committed, that the alleged victim provoked him or her to completely lose all self-control.  

Self-defense is another commonly used, legitimate defense that allows a defendant to threaten or intentionally use force against an individual for the specific objective of stopping what they perceive to be unlawful interference. In short, a person is generally allowed to use a reasonable level of self-defense when unlawfully threatened by another person.

Under Bill 380, the defendant would not be allowed to assert the defenses of provocation or self-defense if the crime in question was the result of the discovery of an alleged victim’s gender identity or expression of sexual orientation. This includes circumstances in which the alleged victim made sexual or romantic advances toward the defendant. Essentially, a person’s gender identity or expression of sexual orientation cannot be perceived as a threat by the defendant, which means the defendant has no right to retaliate in self-defense.  

Current law allows a defendant to claim that at the time of the crime, he or she suffered from a mental disease or defect, resulting in a lack of capacity to appreciate that the conduct was wrong under the law. If the jury finds that the defendant is not accountable for the offense because of mental disease or defect, the defendant is committed to the Department of Health Services for treatment. The length of the treatment depends on the severity of the criminal offense.

Bill 380 would prohibit a not guilty by reason of mental disease or defect plea if that mental disease or defect was brought on by the discovery of or potential disclosure of another’s gender identity or expression of sexual orientation, even under circumstances in which the other person made a romantic or sexual advance toward the defendant.

What Are the Potential Implications of Bill 380?

Bill 380 must still go through committee hearings, floor votes, potential amendments, and ongoing revisions. If Bill 380 is passed, it could impact due process for defendants and trigger litigation challenges. Criminal defense attorneys will stay informed about the progress of Wisconsin Bill 380 while adapting strategies in anticipation of its passage. If Bill 380 becomes law, it could represent one of the most significant shifts in Wisconsin criminal law in many years.

Contact a Dodge County, WI Criminal Defense Lawyer

If you are facing criminal charges, consulting a Jefferson County, WI criminal defense attorney from Bucher Law Group, LLC can be the very best step you take. Attorney Bucher spent 20 years as the Waukesha County District Attorney. He has also served on dozens of statewide task forces focused on violent crimes and litigated some of the highest-profile, most complex cases in the state of Wisconsin. Call 262-303-4916 to schedule your free consultation with an attorney who has litigated thousands of cases, including dozens of homicides, hundreds of DUIs, and thousands of serious drug cases.