LRB-3404/1
CMH/SWB/EVM:cdc
2019 - 2020 LEGISLATURE
August 28, 2019 - Introduced by Representatives Ott, Skowronski, Wichgers and
Rohrkaste, cosponsored by Senators Darling, Jacque and Nass. Referred to
Committee on Criminal Justice and Public Safety.
AB379,1,3
1An Act to create 893.93 (5) and 939.74 (2) (at) of the statutes;
relating to: time
2limits for certain offenses related to operating a motor vehicle while
3intoxicated.
Analysis by the Legislative Reference Bureau
This bill extends the time limit for commencing a prosecution of a first, second,
or third offense operating a motor vehicle while under the influence of an intoxicant
or with a prohibited alcohol concentration (OWI) or an action for a violation of an
ordinance prohibiting OWI.
Under current law, with exceptions, a prosecution for a misdemeanor must be
commenced within three years of the commission of the misdemeanor. Under this
bill, a prosecution for a misdemeanor OWI (a second or third OWI) must be
commenced within six years of the commission of the misdemeanor.
Under current law, actions for ordinance violations must be brought within two
years after the cause of action accrues or be barred. This bill extends the time limit
for actions relating to the violation of an ordinance prohibiting OWI to three years.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB379,1
4Section
1. 893.93 (5) of the statutes is created to read:
AB379,2,2
1893.93
(5) A violation of an ordinance in conformity with s. 346.63 (1) may be
2commenced within 3 years after the cause of action accrues or be barred.
AB379,2
3Section
2. 939.74 (2) (at) of the statutes is created to read:
AB379,2,54
939.74
(2) (at) A prosecution for a misdemeanor violation of s. 346.63 (1) may
5be commenced within 6 years after the commission of the violation.
AB379,3
6Section
3.
Initial applicability.
AB379,2,97
(1) Notwithstanding s. 990.06, this act first applies to an action for which the
8time limit under s. 893.93 (5) for prosecution has not expired as of the effective date
9of this subsection.
AB379,2,1210
(2) Notwithstanding s. 990.06, this act first applies to an action for which the
11time limit under s. 939.74 (1) for prosecution has not expired as of the effective date
12of this subsection.
