LRB-0054/3
MGD:jld:rs
2005 - 2006 LEGISLATURE
June 14, 2005 - Introduced by Representatives Staskunas, Shilling, Hines,
Musser, Lehman, Berceau and Gunderson, cosponsored by Senators
Roessler, A. Lasee and Hansen. Referred to Committee on Criminal Justice
and Homeland Security.
AB489,1,4
1An Act to renumber 939.74 (2) (a);
to amend 939.74 (1), 939.74 (2) (c) and
2946.88 (1);
to repeal and recreate 939.74 (2) (intro.); and
to create 939.74 (2d)
3(d) and 939.74 (2m) of the statutes;
relating to: the statute of limitations for
4felonies in which biological material is left on the victim or at the crime scene.
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 eliminates the limitation period any felony in which the offender, while
committing the offense, leaves biological material that is evidence of his or her
identity on a victim, on clothing worn by the victim, or on any object located at the
crime scene. Under the bill, a prosecution for such an offense may occur at any time.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB489, s. 1
1Section
1. 939.74 (1) of the statutes is amended to read:
AB489,2,62
939.74
(1) Except as provided in subs. (2)
and, (2d)
, (2m), and (2r) and s. 946.88
3(1), prosecution for a felony must be commenced within 6 years and prosecution for
4a misdemeanor or for adultery within 3 years after the commission thereof. Within
5the meaning of this section, a prosecution has commenced when a warrant or
6summons is issued, an indictment is found, or an information is filed.
AB489, s. 2
7Section
2. 939.74 (2) (intro.) of the statutes is repealed and recreated to read:
AB489,2,88
939.74
(2) (intro.) Unless sub. (2d) or (2m) applies:
AB489, s. 3
9Section
3. 939.74 (2) (a) of the statutes is renumbered 939.74 (2r).
AB489, s. 4
10Section
4. 939.74 (2) (c) of the statutes is amended to read:
AB489,2,1411
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, s. 5
15Section
5. 939.74 (2d) (d) of the statutes is created.
AB489,2,1716
939.74
(2d) (d) This subsection does not apply in cases in which sub. (2m)
17applies.
AB489, s. 6
18Section
6. 939.74 (2m) of the statutes is created to read:
AB489,3,6
1939.74
(2m) A prosecution for a felony may be commenced at any time if, while
2committing the offense, biological material that is evidence of the identity of the
3offender is left on a victim, on clothing worn by the victim, or on any object located
4at any place at which the offense is committed. In this subsection, "place at which
5the offense is committed" includes any place where the offender acts or fails to act
6if the offender's act or failure to act constitutes an element of the offense.
AB489, s. 7
7Section
7. 946.88 (1) of the statutes is amended to read:
AB489,3,168
946.88
(1) A Unless s. 939.74 (2m) applies, a criminal or civil action or
9proceeding under ss. 946.80 to 946.88 may be commenced at any time within 6 years
10after a violation under ss. 946.80 to 946.88 terminates or the cause of action accrues.
11If a criminal action or proceeding under ss. 946.80 to 946.88 is brought, or intervened
12in, to punish, prevent or restrain any such violation, the running of the period of
13limitations with respect to any civil action or proceeding, including an action or
14proceeding under s. 946.87, which is based in whole or in part upon any matter
15complained of in the criminal action or proceeding shall be suspended for 2 years
16following the termination of the criminal action or proceeding.
AB489,3,1918
(1)
This act first applies to any offense the prosecution of which is not barred
19on the effective date of this subsection.
