LRB-3793/3
CMH:med:jm
2011 - 2012 LEGISLATURE
February 9, 2012 - Introduced by Representatives Steineke, Petryk, Bernard
Schaber, Bernier, Endsley, Jacque, Kerkman, T. Larson, Litjens, Marklein,
Nygren, A. Ott, Rivard, Severson, Spanbauer, Stroebel, Tranel, Wynn,
Ziegelbauer, Bies
and Danou, cosponsored by Senators Cowles and Lassa.
Referred to Committee on Criminal Justice and Corrections.
AB552,1,4 1An Act to repeal 939.74 (2d) (b); to renumber and amend 939.74 (2) (a); to
2amend
939.74 (2d) (c); and to create 939.74 (2) (a) 2. of the statutes; relating
3to:
statute of limitations for first-degree sexual assault, attempted homicide,
4and attempted first-degree sexual assault.
Analysis by the Legislative Reference Bureau
Under current law, with exceptions, a prosecution for a felony must be
commenced within six years of the commission of the felony. Under current law,
exceptions include first-degree intentional homicide, second-degree intentional
homicide, and first-degree sexual assault of a child; prosecution for these crimes may
be commenced at any time. Under this bill, first-degree sexual assault of an adult
is added to the exceptions so that a prosecution for this offense may be commenced
at any time. Also, under the bill, prosecution for attempts to commit first-degree
intentional homicide, second-degree intentional homicide, and first-degree sexual
assault of an adult or a child may occur at any time.
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:
AB552, s. 1
1Section 1. 939.74 (2) (a) of the statutes is renumbered 939.74 (2) (a) 1. and
2amended to read:
AB552,2,43 939.74 (2) (a) 1. A prosecution under s. 940.01, 940.02, 940.03, 940.05, 940.225
4(1),
948.02 (1), or 948.025 (1) (a), (b), (c), or (d) may be commenced at any time.
AB552, s. 2 5Section 2. 939.74 (2) (a) 2. of the statutes is created to read:
AB552,2,76 939.74 (2) (a) 2. A prosecution for an attempt to commit a violation of s. 940.01,
7940.05, 940.225 (1), or 948.02 (1) may be commenced at any time.
AB552, s. 3 8Section 3. 939.74 (2d) (b) of the statutes is repealed.
AB552, s. 4 9Section 4. 939.74 (2d) (c) of the statutes is amended to read:
AB552,2,2010 939.74 (2d) (c) If, before the applicable time limitation under sub. (1) or (2)
11(am), (c), (cm), or (d) for commencing prosecution of a felony under ch. 940 or 948,
12other than a felony under s. 940.225 (1) or a felony specified in sub. (2) (a), expires,
13the state collects biological material that is evidence of the identity of the person who
14committed the felony, identifies a deoxyribonucleic acid profile from the biological
15material, and compares the deoxyribonucleic acid profile to deoxyribonucleic acid
16profiles of known persons, the state may commence prosecution of the person who
17is the source of the biological material for the felony or a crime that is related to the
18felony or both within 12 months after comparison of the deoxyribonucleic acid profile
19relating to the felony results in a probable identification of the person or within the
20applicable time under sub. (1) or (2), whichever is latest.
AB552, s. 5 21Section 5. Initial applicability.
AB552,2,2422 (1) Notwithstanding section 990.06 of the statutes, this act first applies to an
23act for which the time limit under section 939.74 (1) of the statutes for prosecution
24has not expired as of the effective date of this subsection.
AB552,2,2525 (End)
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