Current law imposes time limits for commencing prosecution of most crimes.
Prosecution of a felony sexual assault must be commenced within six years after the
assault, except that prosecution of sexual assault of a child may be commenced at any
time before the victim reaches the age of 45. However, if the state collects DNA
evidence in connection with a first- or second-degree sexual assault or a sexual
assault of a child before the time for prosecution expires and does not match the DNA
evidence with an identified person until after that time expires, the state may
initiate prosecution for the assault within one year after making the match.
This bill applies the time limits for prosecuting felony sexual assaults as well
as the DNA exception from those time limits to crimes that are related to a felony
sexual assault. Under the bill, crimes are related if they are committed against the
same victim, are proximate in time, and are committed with the same intent,
purpose, or opportunity so as to be part of the same course of conduct.
Eyewitness identification of a suspect
This bill requires law enforcement agencies to adopt written policies governing
the use of an eyewitness to identify a person suspected of committing a crime. The
policies must apply to practices under which an eyewitness identifies a suspect upon
viewing him or her in person, such as in a lineup, and to practices under which an
eyewitness identifies a suspect upon viewing a representation of the suspect, as by
viewing a photograph array. The policies must be designed to reduce the potential
of erroneous identifications by eyewitnesses.
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:
SB315, s. 1
1Section
1. 16.964 (10) of the statutes is created to read:
SB315,5,22
16.964
(10) (a) In this subsection:
SB315,5,33
1. "Custodial interrogation" has the meaning given in s. 968.073 (1) (a).
SB315,5,44
2. "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB315,5,155
(b) The office shall provide grants from the appropriation under s. 20.505 (6)
6(kc) to law enforcement agencies to fund or reimburse expenses incurred on or after
7July 7, 2005, for the purchase, installation, or maintenance of digital recording
8equipment for making audio or audio and visual recordings of custodial
9interrogations or for training personnel to use such equipment. Grants awarded
10under this subsection may be used to support recording of custodial interrogations
11of either juveniles or adults and of interrogations related to either misdemeanor or
12felony offenses. The office may award more than one grant under this subsection to
13a law enforcement agency. The office shall develop criteria and procedures to
14administer this subsection. Notwithstanding s. 227.10 (1), the criteria and
15procedures need not be promulgated as rules under ch. 227.
SB315,5,1716
(c) A law enforcement agency shall include the following information in an
17application for a grant under this subsection:
SB315,5,1818
1. How the agency proposes to use the grant funds.
SB315,6,3
12. Procedures to be followed when recording equipment fails to operate
2correctly, including procedures for reporting failures, using alternative recording
3equipment, and repairing or replacing the equipment.
SB315,6,54
3. Procedures for storing recordings of custodial interrogations, including
5storage format, storage location, and indexing of recordings for retrieval.
SB315,6,76
4. Measures to prevent or detect tampering with recordings of custodial
7interrogations.
SB315,6,88
5. Any other information required by the office.
SB315, s. 2
9Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
10the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB315, s. 3
11Section
3. 20.455 (2) (i) 16. of the statutes is created to read:
SB315,6,1312
20.455
(2) (i) 16. The amount transferred to s. 20.505 (6) (kc) shall be the
13amount in the schedule under s. 20.505 (6) (kc).
SB315, s. 4
14Section
4. 20.505 (6) (kc) of the statutes is created to read:
SB315,6,1915
20.505
(6) (kc)
Grants for digital recording of custodial interrogations. The
16amounts in the schedule for grants to law enforcement agencies under s. 16.964 (10)
17for equipment or training used to digitally record custodial interrogations. All
18moneys transferred from the appropriation account under s. 20.455 (2) (i) 16. shall
19be credited to this appropriation account.
SB315, s. 5
1Section
5. 165.75 (3) (g) of the statutes is created to read:
SB315,7,32
165.75
(3) (g) Deoxyribonucleic acid testing ordered under s. 974.07 shall have
3priority over other work of the laboratories.
SB315, s. 6
4Section
6. 165.77 (2m) (a) of the statutes is repealed.
SB315, s. 7
5Section
7. 165.77 (2m) (b) of the statutes is amended to read:
SB315,7,156
165.77
(2m) (b)
The If the laboratories analyze biological material pursuant to
7an order issued under s. 974.07 (8), the laboratories may compare the data obtained
8from
the material
received under par. (a) with data obtained from other specimens.
9The laboratories may make data obtained from any analysis and comparison
10available to law enforcement agencies in connection with criminal or delinquency
11investigations and, upon request, to any prosecutor, defense attorney, or subject of
12the data. The data may be used in criminal and delinquency actions and proceedings.
13The laboratories shall not include data obtained from deoxyribonucleic acid analysis
14of material
received under par. (a) that is tested pursuant to an order under s. 974.07
15(8) in the data bank under sub. (3).
SB315, s. 8
16Section
8. 165.81 (3) (b) of the statutes is amended to read:
SB315,7,2517
165.81
(3) (b) Except as provided in par. (c), if physical evidence that is in the
18possession of the laboratories includes any biological material that was collected in
19connection with a criminal investigation that resulted in a criminal conviction, a
20delinquency adjudication, or commitment under s. 971.17 or 980.06
and the
21biological material is from a victim of the offense that was the subject of the criminal
22investigation or may reasonably be used to incriminate or exculpate any person for
23the offense, the laboratories shall preserve the physical evidence until every person
24in custody as a result of the conviction, adjudication, or commitment has reached his
25or her discharge date.
SB315, s. 9
1Section
9. 165.81 (3) (bm) of the statutes is created to read:
SB315,8,52
165.81
(3) (bm) The laboratories shall retain evidence to which par. (b) applies
3in an amount and manner sufficient to develop a deoxyribonucleic acid profile, as
4defined in s. 939.74 (2d) (a), from the biological material contained in or included on
5the evidence.
SB315, s. 10
6Section
10. 165.81 (3) (c) (intro.) of the statutes is amended to read:
SB315,8,97
165.81
(3) (c) (intro.) Subject to par. (e), the department may destroy
evidence
8that includes biological material before the expiration of the time period specified in
9par. (b) if all of the following apply:
SB315, s. 11
10Section
11. 165.81 (3) (c) 1. of the statutes is amended to read:
SB315,8,1411
165.81
(3) (c) 1. The department sends a notice of its intent to destroy the
12biological material evidence to all persons who remain in custody as a result of the
13criminal conviction, delinquency adjudication, or commitment, and to either the
14attorney of record for each person in custody or the state public defender.
SB315, s. 12
15Section
12. 165.81 (3) (c) 2. a. and b. of the statutes are amended to read:
SB315,8,1716
165.81
(3) (c) 2. a. Files a motion for testing of the
biological material evidence 17under s. 974.07 (2).
SB315,8,1918
b. Submits a written request
to preserve the biological material for retention
19of the evidence to the department.
SB315, s. 13
20Section
13. 165.81 (3) (c) 3. of the statutes is amended to read:
SB315,8,2221
165.81
(3) (c) 3. No other provision of federal or state law requires the
22department to
preserve retain the
biological material evidence.
SB315, s. 14
23Section
14. 165.81 (3) (d) of the statutes is amended to read:
SB315,9,324
165.81
(3) (d) A notice provided under par. (c) 1. shall clearly inform the
25recipient that the
biological material evidence will be destroyed unless, within 90
1days after the date on which the person receives the notice, either a motion for testing
2of the
material evidence is filed under s. 974.07 (2) or a written request
to preserve 3for retention of the
material evidence is submitted to the department.
SB315, s. 15
4Section
15. 165.81 (3) (e) of the statutes is amended to read:
SB315,9,115
165.81
(3) (e) If, after providing notice under par. (c) 1. of its intent to destroy
6biological material evidence, the department receives a written request
to preserve 7for retention of the
material evidence, the department shall
preserve retain the
8material evidence until the discharge date of the person who made the request or on
9whose behalf the request was made, subject to a court order issued under s. 974.07
10(7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the
11biological material evidence under s. 974.07 (9) (b) or (10) (a) 5.
SB315, s. 16
12Section
16. 165.85 (3) (d) of the statutes is amended to read:
SB315,9,2513
165.85
(3) (d) Establish minimum curriculum requirements for preparatory
14courses and programs, and recommend minimum curriculum requirements for
15recertification and advanced courses and programs, in schools operated by or for this
16state or any political subdivision of the state for the specific purpose of training law
17enforcement recruits, law enforcement officers, tribal law enforcement recruits,
18tribal law enforcement officers, jail officer recruits, jail officers, secure detention
19officer recruits
, or secure detention officers in areas of knowledge and ability
20necessary to the attainment of effective performance as an officer, and ranging from
21traditional subjects such as first aid, patrolling, statutory authority, techniques of
22arrest
and, firearms
, and recording custodial interrogations to subjects designed to
23provide a better understanding of ever-increasing complex problems in law
24enforcement such as human relations, civil rights, constitutional law
, and
25supervision, control
, and maintenance of a jail or secure detention facility. The board
1shall appoint a 13-member advisory curriculum committee consisting of 6 chiefs of
2police and 6 sheriffs to be appointed on a geographic basis of not more than one chief
3of police and one sheriff from any one of the 8 state administrative districts together
4with the director of training of the Wisconsin state patrol. This committee shall
5advise the board in the establishment of the curriculum requirements.
SB315, s. 17
6Section
17. 175.50 of the statutes is created to read:
SB315,10,7
7175.50 Eyewitness identification procedures. (1) In this section:
SB315,10,88
(a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB315,10,99
(b) "Suspect" means a person suspected of committing a crime.
SB315,10,13
10(2) Each law enforcement agency shall adopt written policies for using an
11eyewitness to identify a suspect upon viewing the suspect in person or upon viewing
12a representation of the suspect. The policies shall be designed to reduce the potential
13for erroneous identifications by eyewitnesses in criminal cases.
SB315,10,15
14(3) A law enforcement agency shall biennially review policies adopted under
15this section.
SB315,10,17
16(4) In developing and revising policies under this section, a law enforcement
17agency shall consider model policies and policies adopted by other jurisdictions.
SB315,10,21
18(5) A law enforcement agency shall consider including in policies adopted
19under this section practices to enhance the objectivity and reliability of eyewitness
20identifications and to minimize the possibility of mistaken identifications, including
21the following:
SB315,10,2322
(a) To the extent feasible, having a person who does not know the identity of
23the suspect administer the eyewitness' viewing of individuals or representations.
SB315,10,2524
(b) To the extent feasible, showing individuals or representations sequentially
25rather than simultaneously to an eyewitness.
SB315,11,4
1(c) Minimizing factors that influence an eyewitness to identify a suspect or
2overstate his or her confidence level in identifying a suspect, including verbal or
3nonverbal reactions of the person administering the eyewitness' viewing of
4individuals or representations.
SB315,11,75
(d) Documenting the procedure by which the eyewitness views the suspect or
6a representation of the suspect and documenting the results or outcome of the
7procedure.
SB315,11,2110
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
11state law or for a violation of a municipal or county ordinance except for a violation
12of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.
1323.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
14committed the violation had a blood alcohol concentration of 0.08 or more but less
15than 0.1 at the time of the violation, or for a violation of state laws or municipal or
16county ordinances involving nonmoving traffic violations or safety belt use violations
17under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under
18ch. 814 in an amount of
25% 26 percent of the fine or forfeiture imposed. If multiple
19offenses are involved, the penalty surcharge shall be based upon the total fine or
20forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part,
21the penalty surcharge shall be reduced in proportion to the suspension.
SB315, s. 19
22Section
19. 757.54 (2) (b) of the statutes is amended to read:
SB315,12,723
757.54
(2) (b) Except as provided in par. (c), if an exhibit in a criminal action
24or a delinquency proceeding under ch. 938 includes any biological material that was
25collected in connection with the action or proceeding
and that is either from a victim
1of the offense that was the subject of the action or proceeding or may reasonably be
2used to incriminate or exculpate any person for the offense, the court presiding over
3the action or proceeding shall ensure that the exhibit is
preserved retained until
4every person in custody as a result of the action or proceeding, or as a result of
5commitment under s. 980.06 that is based on a judgment of guilty or not guilty by
6reason of mental disease or defect in the action or proceeding, has reached his or her
7discharge date.
SB315, s. 20
8Section
20. 757.54 (2) (bm) of the statutes is created to read:
SB315,12,129
757.54
(2) (bm) The court shall ensure that an exhibit to which par. (b) applies
10is retained in an amount and manner sufficient to develop a deoxyribonucleic acid
11profile, as defined in s. 939.74 (2d) (a), from the biological material contained in or
12included on the exhibit.
SB315, s. 21
13Section
21. 757.54 (2) (c) (intro.) of the statutes is amended to read:
SB315,12,1614
757.54
(2) (c) (intro.) Subject to par. (e), the court may destroy
an exhibit that
15includes biological material before the expiration of the time period specified in par.
16(b) if all of the following apply:
SB315, s. 22
17Section
22. 757.54 (2) (c) 1. of the statutes is amended to read:
SB315,12,2118
757.54
(2) (c) 1. The court sends a notice of its intent to destroy the
biological
19material exhibit to all persons who remain in custody as a result of the criminal
20action, delinquency proceeding, or commitment under s. 980.06 and to either the
21attorney of record for each person in custody or the state public defender.
SB315, s. 23
22Section
23. 757.54 (2) (c) 2. a. and b. of the statutes are amended to read:
SB315,12,2423
757.54
(2) (c) 2. a. Files a motion for testing of the
biological material exhibit 24under s. 974.07 (2).
SB315,13,2
1b. Submits a written request
to preserve the biological material for retention
2of the exhibit to the court.
SB315, s. 24
3Section
24. 757.54 (2) (c) 3. of the statutes is amended to read:
SB315,13,54
757.54
(2) (c) 3. No other provision of federal or state law requires
the court to 5preserve retention of the
biological material exhibit.
SB315, s. 25
6Section
25. 757.54 (2) (d) of the statutes is amended to read:
SB315,13,117
757.54
(2) (d) A notice provided under par. (c) 1. shall clearly inform the
8recipient that the
biological material exhibit will be destroyed unless, within 90 days
9after the date on which the person receives the notice, either a motion for testing of
10the
material exhibit is filed under s. 974.07 (2) or a written request
to preserve for
11retention of the
material exhibit is submitted to the court.
SB315, s. 26
12Section
26. 757.54 (2) (e) of the statutes is amended to read:
SB315,13,1913
757.54
(2) (e) If, after providing notice under par. (c) 1. of its intent to destroy
14biological material an exhibit, a court receives a written request
to preserve for
15retention of the
material exhibit, the court shall
preserve the material ensure that
16the exhibit is retained until the discharge date of the person who made the request
17or on whose behalf the request was made, subject to a court order issued under s.
18974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the
19biological material exhibit under s. 974.07 (9) (b) or (10) (a) 5.
SB315, s. 27
20Section
27. 938.195 of the statutes is created to read:
SB315,13,21
21938.195 Recording custodial interrogations. (1) In this section:
SB315,13,2222
(a) "Custodial interrogation" has the meaning give in s. 968.073 (1) (a).
SB315,13,2323
(b) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB315,14,224
(c) "Place of detention" means a secure detention facility, jail, municipal lockup
25facility, or secured correctional facility, or a police or sheriff's office or other building
1under the control of a law enforcement agency, at which juveniles are held in custody
2in connection with an investigation of a delinquent act.
SB315,14,5
3(2) (a) A law enforcement agency shall make an audio or audio and visual
4recording of any custodial interrogation of a juvenile that is conducted at a place of
5detention unless a condition under s. 938.31 (3) (c) 1. to 5. applies.
SB315,14,96
(b) If feasible, a law enforcement agency shall make an audio or audio and
7visual recording of any custodial interrogation of a juvenile that is conducted at a
8place other than a place of detention unless a condition under s. 938.31 (3) (c) 1. to
95. applies.
SB315,14,13
10(3) A law enforcement officer or agent of a law enforcement agency conducting
11a custodial interrogation is not required to inform the subject of the interrogation
12that the officer or agent is making an audio or audio and visual recording of the
13interrogation.
SB315, s. 28
14Section
28. 938.31 (3) of the statutes is created to read:
SB315,14,1515
938.31
(3) (a) In this subsection: