LRB-3531/1
JEO:cmh:km
1999 - 2000 LEGISLATURE
October 5, 1999 - Introduced by Representatives Walker, Wasserman, Ainsworth,
Balow, Berceau, Coggs, Goetsch, Gunderson, Kelso, Kestell, Ladwig, La
Fave, F. Lasee, Jeskewitz, Musser, Owens, Pettis, Plale, Porter, Reynolds,
Spillner, Stone, Suder, Sykora, Seratti, Underheim, Vrakas and
Ziegelbauer, cosponsored by Senators Darling, Cowles, Panzer, Roessler,
Rosenzweig, Zien and
Huelsman. Referred to Committee on Corrections and
the Courts.
AB497,1,2
1An Act to amend 939.74 (2) (a) and 939.74 (2) (c) of the statutes;
relating to:
2time limits for prosecution of certain crimes of sexual assault.
Analysis by the Legislative Reference Bureau
Under current law, the time limit for commencing a prosecution for a crime 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 time limit; thus, prosecution for
the offense may be commenced at any time. In addition, current law 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.
This bill eliminates the time limit on prosecutions for first and second degree
sexual assault, first and second degree sexual assault of a child and repeated acts of
sexual assault of a child. Thus, under the bill, a prosecution for these crimes may
be commenced at any time.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB497, s. 1
3Section
1. 939.74 (2) (a) of the statutes is amended to read:
AB497,2,2
1939.74
(2) (a) A prosecution under s. 940.01, 940.02
or, 940.03
, 940.225 (1) or
2(2), 948.02 (1) or (2) or 948.025 may be commenced at any time.
AB497, s. 2
3Section
2. 939.74 (2) (c) of the statutes is amended to read:
AB497,2,64
939.74
(2) (c) A prosecution for violation of s.
948.02, 948.025, 948.03 (2) (a),
5948.05, 948.06, 948.07 (1), (2), (3) or (4), 948.08 or 948.095 shall be commenced before
6the victim reaches the age of 31 years or be barred.
AB497,2,98
(1) This act first applies to offenses not barred from prosecution on the effective
9date of this subsection.
