2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 489
September 7, 2005 - Offered by
Committee on Criminal Justice and Homeland
Security.
AB489-ASA1,1,4
1An Act to repeal 939.74 (2d) (c);
to renumber 939.74 (2) (a);
to amend 939.74
2(1), 939.74 (2) (c) and 939.74 (2d) (b);
to repeal and recreate 939.74 (2) (intro.);
3and
to create 939.74 (2d) (d) of the statutes;
relating to: the statute of
4limitations for certain felonies involving DNA evidence.
Analysis by the Legislative Reference Bureau
In general, a criminal prosecution must be commenced within three years after
the offense, if the offense is a misdemeanor, or within six years after the offense, if
the offense is a felony. Prosecutors have significantly longer periods of time in which
to begin a prosecution for second-degree reckless homicide, for physical abuse of a
child, and for certain child sex offenses. In addition, there is no limitation period at
all for first-degree or second-degree intentional homicide, first-degree reckless
homicide, or felony murder (causing the death of a person while committing one of
several specified felonies). A prosecution for one of those offenses may occur at any
time.
Current law also provides for extending an applicable limitation period under
certain circumstances. One such provision relates to cases of first-degree or
second-degree sexual assault. Another relates to cases of first-degree or
second-degree sexual assault of a child or repeated sexual assault of a child. Both
of those provisions require the state to have biological material that establishes a
deoxyribonucleic acid (DNA) profile for the offender before the normal deadline for
commencing the prosecution. If, even with that material, the state is unable to
establish the identity of the offender before that deadline, but it later uses the DNA
to identify that person, the prosecution may be commenced within one year after that
identification.
This bill makes the law described in the previous paragraph applicable to all
felonies under chapter 940 or 948 of the statutes (which cover crimes against life and
bodily security and crimes against children, respectively) except for those that have
no limitation period. Under the bill, if the state has biological material that
establishes a DNA profile for a person committing such a felony before the normal
deadline for commencing the prosecution but is unable to use the DNA to identify
that person until after the deadline, the prosecution may be commenced within one
year after that identification.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB489-ASA1,2,62
939.74
(1) Except as provided in subs. (2)
and, (2d)
, and (2r) and s. 946.88 (1),
3prosecution for a felony must be commenced within 6 years and prosecution for a
4misdemeanor or for adultery within 3 years after the commission thereof. Within the
5meaning of this section, a prosecution has commenced when a warrant or summons
6is issued, an indictment is found, or an information is filed.
AB489-ASA1, s. 2
7Section
2. 939.74 (2) (intro.) of the statutes is repealed and recreated to read:
AB489-ASA1,2,88
939.74
(2) (intro.) Unless sub. (2d) applies:
AB489-ASA1, s. 3
9Section
3. 939.74 (2) (a) of the statutes is renumbered 939.74 (2r).
AB489-ASA1, s. 4
10Section
4. 939.74 (2) (c) of the statutes is amended to read:
AB489-ASA1,2,1411
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), 948.075, 948.08, or 948.095 shall be
13commenced before the victim reaches the age of 45 years or be barred
, except as
14provided in sub. (2d) (c).
AB489-ASA1, s. 5
15Section
5. 939.74 (2d) (b) of the statutes is amended to read:
AB489-ASA1,3,10
1939.74
(2d) (b) If before the
applicable time limitation under sub. (1)
or (2) 2expired, the state collected biological material that is evidence of the identity of the
3person who committed a
violation of s. 940.225 (1) or (2) felony under ch. 940 or 948,
4the state identified a deoxyribonucleic acid profile from the biological material, and
5comparisons of that deoxyribonucleic acid profile to deoxyribonucleic acid profiles of
6known persons did not result in a probable identification of the person who is the
7source of the biological material, the state may commence prosecution of the person
8who is the source of the biological material for
violation of s. 940.225 (1) or (2) the
9felony within 12 months after comparison of the deoxyribonucleic acid profile
10relating to the violation results in a probable identification of the person.
AB489-ASA1, s. 7
12Section
7. 939.74 (2d) (d) of the statutes is created to read.
AB489-ASA1,3,1413
939.74
(2d) (d) This subsection does not apply in cases in which sub. (2r)
14applies.
AB489-ASA1,3,1716
(1)
This act first applies to any offense the prosecution of which is not barred
17on the effective date of this subsection.
