LRBs0173/1
JEO:jlg:km
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1999 ASSEMBLY BILL 497
November 3, 1999 - Offered by Representative Duff.
AB497-ASA2,1,3
1An Act to amend 939.74 (1), 939.74 (2) (a) and 939.74 (2) (c); and
to create
2939.74 (2d) of the statutes;
relating to: time limits for prosecution of certain
3crimes of sexual assault.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB497-ASA2,1,95
939.74
(1) Except as provided in
sub.
subs. (2)
, and (2d) and s. 946.88 (1),
6prosecution for a felony must be commenced within 6 years and prosecution for a
7misdemeanor or for adultery within 3 years after the commission thereof. Within the
8meaning of this section, a prosecution has commenced when a warrant or summons
9is issued, an indictment is found, or an information is filed.
AB497-ASA2, s. 2
10Section
2. 939.74 (2) (a) of the statutes is amended to read:
AB497-ASA2,1,1211
939.74
(2) (a) A prosecution under s. 940.01, 940.02
or, 940.03
or 940.225 (1)
12or (2) may be commenced at any time.
AB497-ASA2,2,52
939.74
(2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a),
3948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.08 or 948.095 shall be commenced before
4the victim reaches the age of 31 years or be barred
, except as provided in sub. (2d)
5(b).
AB497-ASA2,2,87
939.74
(2d) (a) In this subsection, "deoxyribonucleic acid profile" has the
8meaning given in s. 972.11 (5) (a).
AB497-ASA2,2,139
(b) Notwithstanding that the time limit under sub. (2) (c) has expired, a
10prosecution for a violation of s. 948.02 (1) or (2) or 948.025 may be commenced within
11one year after fingerprint evidence or deoxyribonucleic acid profile evidence relating
12to the violation results in a probable identification of a person who committed the
13violation if any of the following applies:
AB497-ASA2,2,1814
1. The state had collected evidence of fingerprints or of a deoxyribonucleic acid
15profile of a person who committed the violation before the time limit under sub. (2)
16(c) expired but comparisons of the evidence to fingerprint records or deoxyribonucleic
17acid profiles of known persons that were made before the time limitation under sub.
18(2) (c) expired did not result in a probable identification of the person.
AB497-ASA2,2,2119
2. The state first discovered and collected evidence of fingerprints or of a
20deoxyribonucleic acid profile of a person who committed the violation after the time
21limit under sub. (2) (c) expired.
AB497-ASA2,2,2423
(1)
This act first applies to offenses not barred from prosecution on the effective
24date of this subsection.
