LRB-4335/1
RLR:jld:pg
2001 - 2002 LEGISLATURE
January 14, 2002 - Introduced by Representatives Kedzie, Schooff, Jeskewitz,
Ryba, Olsen, Pettis, Hines, Vrakas and Nass, cosponsored by Senators
Robson, Darling, Burke, Roessler and
Rosenzweig. Referred to Committee
on Criminal Justice.
AB713,1,3
1An Act to amend 939.74 (2) (a) of the statutes;
relating to: time limits for the
2prosecution of 2nd-degree intentional homicide and 2nd-degree reckless
3homicide.
Analysis by the Legislative Reference Bureau
Current law imposes time limits for commencing the prosecution of most
crimes. The state must initiate prosecution within the time limit or is barred from
prosecuting the offense. A prosecution is commenced when a court issues a summons
or a warrant for arrest, when a grand jury issues an indictment, or when the state
files an information alleging that a person committed a specific crime. Generally, the
state must commence prosecution of a felony (a crime punishable by incarceration
in prison) within six years of the commission of the crime, and must commence
prosecution of a misdemeanor (a crime other than a felony) within three years of the
commission of the crime. However, there are exceptions to these time limits for
prosecution of certain offenses. There is no time limit for the prosecution of
first-degree intentional homicide, first-degree reckless homicide, or felony murder,
and there are longer time limits for the prosecution of certain sexual assaults and
certain thefts.
A person commits first-degree intentional homicide if, with intent to kill
another human being or an unborn child, the person causes the death of another
human being or an unborn child. A person commits first-degree reckless homicide
if the person recklessly causes the death of another human being or an unborn child
under circumstances that show utter disregard for human life or for the life of an
unborn child. Felony murder is the killing of another human being while committing
or attempting to commit first-degree or second-degree sexual assault, robbery, or
certain arson or burglary offenses.
This bill eliminates the time limit for commencing prosecution of
second-degree intentional homicide or second-degree reckless homicide. A person
commits second-degree intentional homicide if, with intent to kill another human
being or an unborn child, the person causes the death of another human being or an
unborn child under any of the following mitigating circumstances: 1) the person acts
under the influence of adequate provocation; 2) the person uses unreasonable
defensive force; 3) the person uses unreasonable force to prevent or terminate the
commission of a felony; or 4) the person is coerced. A person commits second-degree
reckless homicide if the person recklessly cause the death of another human being
or of an unborn child.
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:
AB713, s. 1
1Section
1. 939.74 (2) (a) of the statutes is amended to read:
AB713,2,32
939.74
(2) (a) A prosecution under s. 940.01, 940.02
or, 940.03
, 940.05, or 940.06 3may be commenced at any time.
AB713,2,65
(1) This act first applies to offenses committed on the effective date of this
6subsection.
