LRB-5748/1
CMH:amn
2023 - 2024 LEGISLATURE
February 23, 2024 - Introduced by Representatives Spiros, Billings, Brandtjen,
Clancy, Considine, Joers, S. Johnson, Maxey, Stubbs, Subeck, Mursau and
Jacobson, cosponsored by Senators Wanggaard, Agard,
Feyen, Cowles,
Ballweg, Testin and Smith. Referred to Committee on Judiciary.
AB1110,1,3
1An Act to repeal 939.74 (2d) (c) and 939.74 (2d) (e); and
to create 939.74 (2d)
2(b) of the statutes;
relating to: time limitations for prosecuting a felony or
3related crime based on a DNA profile.
Analysis by the Legislative Reference Bureau
This bill changes the applicable time limits on prosecution when DNA evidence
implicates an individual in the commission of a felony.
Under current law, prosecution for a felony generally must be commenced
within six years of the commission of the felony, and prosecution of a misdemeanor
must be commenced within three years of the commission of the misdemeanor.
Certain crimes have a longer time limit on prosecutions; for instance, a prosecution
for second- or third-degree sexual assault must be commenced within 10 years of the
commission, and prosecution for certain crimes, such as first-degree homicide and
first-degree sexual assault, may be commenced at any time.
Under current law, if a DNA sample is collected that implicates a person in the
commission of a felony within the applicable time limit on prosecution or, if there is
no time limit on prosecution, within six years of the commission of the felony, the
state may commence prosecution of the person who is the source of the DNA sample
for the felony or a crime that is related to the felony within 12 months after the DNA
analysis results in a probable identification of the person or within the applicable
time limit on prosecution, whichever is latest.
Under this bill, the statute of limitations that has expired is reset at the time
a person is implicated in the commission of a felony by DNA evidence. Under the bill,
notwithstanding that the statute of limitations has expired, the state may commence
prosecution of the person for the felony or a crime related to the felony within three
years beginning on the day that DNA evidence implicates the person in the crime.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1110,1
1Section
1. 939.74 (2d) (b) of the statutes is created to read:
AB1110,2,62
939.74
(2d) (b) Notwithstanding that the applicable time limitation under sub.
3(1) or (2) has expired, if a deoxyribonucleic acid profile implicates a known person in
4the commission of a felony, the state may commence prosecution of that person for
5the felony or a crime that is related to the felony for a period of 3 years following the
6implication of the person in the felony.
AB1110,2
7Section
2. 939.74 (2d) (c) of the statutes is repealed.
AB1110,3
8Section
3. 939.74 (2d) (e) of the statutes is repealed.
AB1110,4
9Section
4.
Initial applicability.
AB1110,2,1210
(1) Notwithstanding s. 990.06, this act first applies to an action for which the
11time limit under s. 939.74 (1) or (2) for prosecution has not expired as of the effective
12date of this subsection.
