LRB-3818/1
MGD:kjf:jf
2003 - 2004 LEGISLATURE
February 2, 2004 - Introduced by Representatives Pettis, Musser, Kaufert, Hines,
Owens, Gunderson, Ott, Nass, Hebl, Petrowski, Sinicki, Stone, Vrakas and
Bies, cosponsored by Senators A. Lasee, Roessler, Stepp and Lazich. Referred
to Committee on Criminal Justice.
AB795,1,3
1An Act to amend 939.74 (2) (a), 939.74 (2) (c), 939.74 (2d) (b) and 939.74 (2d) (c)
2of the statutes;
relating to: time limits for prosecution of certain crimes of
3sexual assault.
Analysis by the Legislative Reference Bureau
Under current law, the time limit for commencing a prosecution for a crime (the
limitations period) is generally six years for a felony and three years for a
misdemeanor, as measured from the date that the criminal act was committed. One
of the exceptions to the general rule is for certain homicide offenses, which have no
limitations period. Thus, prosecution for a homicide may be commenced at any time.
Current law also provides that for some serious crimes against children (such as
sexual assault of a child, repeated acts of sexual assault of a child, incest with a child,
sexual exploitation of a child, and certain kinds of physical abuse of a child) a
prosecution may be commenced any time before the victim reaches 31 years of age.
In addition, under current law, the deadline for commencing a prosecution in a
first-degree or second-degree sexual assault case or a sexual assault of a child case
does not apply if, before the deadline, the state collects deoxyribonucleic acid (DNA)
evidence that theoretically enables it to identify the perpetrator of the offense but
that does not, in reality, enable it to do so. In those cases, if an analysis of the DNA
evidence after the ostensible deadline results in a probable identification of the
perpetrator, the state may begin a prosecution of that person within 12 months of the
analysis.
This bill eliminates the limitations period (and all related exceptions) for
prosecutions for first-degree sexual assault and sexual assault of a child who is less
than 13 years old if the limitations period has not yet expired. Thus, under the bill,
a prosecution for these crimes may be commenced at any time.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB795, s. 1
1Section
1. 939.74 (2) (a) of the statutes is amended to read:
AB795,2,32
939.74
(2) (a) A prosecution under s. 940.01, 940.02
or, 940.03
, 940.225 (1),
3948.02 (1), or 948.025 (1) (a) may be commenced at any time.
AB795, s. 2
4Section
2. 939.74 (2) (c) of the statutes is amended to read:
AB795,2,85
939.74
(2) (c) A prosecution for violation of s. 948.02
(2), 948.025
(1) (b), 948.03
6(2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, or 948.095 shall be
7commenced before the victim reaches the age of 31 years or be barred, except as
8provided in sub. (2d) (c).
AB795, s. 3
9Section
3. 939.74 (2d) (b) of the statutes is amended to read:
AB795,2,1910
939.74
(2d) (b) If before the time limitation under sub. (1) expired, the state
11collected biological material that is evidence of the identity of the person who
12committed a violation of s. 940.225
(1) or (2), the state identified a deoxyribonucleic
13acid profile from the biological material, and comparisons of that deoxyribonucleic
14acid profile to deoxyribonucleic acid profiles of known persons did not result in a
15probable identification of the person who is the source of the biological material, the
16state may commence prosecution of the person who is the source of the biological
17material for violation of s. 940.225
(1) or (2) within 12 months after comparison of the
18deoxyribonucleic acid profile relating to the violation results in a probable
19identification of the person.
AB795, s. 4
20Section
4. 939.74 (2d) (c) of the statutes is amended to read:
AB795,3,10
1939.74
(2d) (c) If before the time limitation under sub. (2) (c) expired, the state
2collected biological material that is evidence of the identity of the person who
3committed a violation of s. 948.02
(1) or (2) or 948.025
(1) (b), the state identified a
4deoxyribonucleic acid profile from the biological material, and comparisons of that
5deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons did
6not result in a probable identification of the person who is the source of the biological
7material, the state may commence prosecution of the person who is the source of the
8biological material for violation of s. 948.02
(1) or (2) or 948.025
(1) (b) within 12
9months after comparison of the deoxyribonucleic acid profile relating to the violation
10results in a probable identification of the person.
AB795,3,1312
(1) This act first applies to any offense the prosecution of which is not barred
13on the effective date of this subsection.
