LRB-2015/2
RLR:jld:rs
2003 - 2004 LEGISLATURE
March 11, 2003 - Introduced by Senators Kedzie, Robson, Roessler, Stepp and
Darling, cosponsored by Representatives Schooff, Jeskewitz, Turner, Hines,
Kestell, Olsen, Wasserman, Gunderson, Albers, Stone, Nass, Vrakas and
Pettis. Referred to Committee on Judiciary, Corrections and Privacy.
SB66,1,3
1An Act to amend 939.74 (2) (a); and
to create 939.74 (2) (am) of the statutes;
2relating to: time limits for the prosecution of 2nd-degree intentional homicide
3and 2nd-degree reckless homicide.
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. However, 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 and increases the time limit for commencing
prosecution of second-degree reckless homicide to 15 years. 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 legal defense of coercion or the legal defense of necessity applies. 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:
SB66, s. 1
1Section
1. 939.74 (2) (a) of the statutes is amended to read:
SB66,2,32
939.74
(2) (a) A prosecution under s. 940.01, 940.02
or, 940.03
, or 940.05 may
3be commenced at any time.
SB66, s. 2
4Section
2. 939.74 (2) (am) of the statutes is created to read:
SB66,2,65
939.74
(2) (am) A prosecution under s. 940.06 may be commenced within 15
6years after the commission of the violation.
SB66,2,98
(1) This act first applies to offenses committed on the effective date of this
9subsection.
