LRBs0162/1
JEO:jlg:hmh
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 497
November 3, 1999 - Offered by Representatives Gundrum, Hahn, Staskunas,
Grothman, Plale and
Albers.
AB497-ASA1,1,3
1An Act to amend 939.74 (1) and 939.74 (2) (c); and
to create 939.74 (2d) of the
2statutes;
relating to: time limits for prosecution of certain crimes of sexual
3assault.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB497-ASA1,1,95
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-ASA1, s. 2
10Section
2. 939.74 (2) (c) of the statutes is amended to read:
AB497-ASA1,2,211
939.74
(2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a),
12948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.08 or 948.095 shall be commenced before
1the victim reaches the age of 31 years or be barred
, except as provided in sub. (2d)
2(c).
AB497-ASA1,2,54
939.74
(2d) (a) In this subsection, "deoxyribonucleic acid profile" has the
5meaning given in s. 972.11 (5) (a).
AB497-ASA1,2,136
(b) Notwithstanding that the time limitation under sub. (1) has expired, if the
7state has evidence of a deoxyribonucleic acid profile of a person who committed a
8violation of s. 940.225 (1) or (2) but comparisons of the evidence to deoxyribonucleic
9acid profiles of known persons that were made before the time limitation under sub.
10(1) expired did not result in a probable identification of the person, a prosecution for
11the violation may be commenced within one year after a comparison of the
12deoxyribonucleic acid profile evidence relating to the violation results in a probable
13identification of the person.
AB497-ASA1,2,2114
(c) Notwithstanding that the time limitation under sub. (2) (c) has expired, if
15the state has evidence of a deoxyribonucleic acid profile of a person who committed
16a violation of s. 948.02 (1) or (2) or 948.025 but comparisons of the evidence to
17deoxyribonucleic acid profiles of known persons that were made before the time
18limitation under sub. (2) (c) expired did not result in a probable identification of the
19person, a prosecution for the violation may be commenced within one year after a
20comparison of the deoxyribonucleic acid profile evidence relating to the violation
21results in a probable identification of the person.
AB497-ASA1,2,2423
(1)
This act first applies to offenses not barred from prosecution on the effective
24date of this subsection.
