SB345: Bill Text

LRB-3587/1

CMH/SWB/EVM:cdc

2019 - 2020 LEGISLATURE

2019 Senate BILL 345

August 14, 2019 - Introduced by Senators Darling, Jacque and Nass, cosponsored by Representatives Ott, Skowronski, Wichgers and Rohrkaste. Referred to Committee on Judiciary and Public Safety.

SB345,1,3 An Act to create 893.93 (5) and 939.74 (2) (at) of the statutes; relating to: time limits for certain offenses related to operating a motor vehicle while intoxicated.

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:

SB345,1 Section 1. 893.93 (5) of the statutes is created to read:

SB345,2,2 893.93 (5) A violation of an ordinance in conformity with s. 346.63 (1) may be commenced within 3 years after the cause of action accrues or be barred.

SB345,2 Section 2. 939.74 (2) (at) of the statutes is created to read:

SB345,2,5 939.74 (2) (at) A prosecution for a misdemeanor violation of s. 346.63 (1) may be commenced within 6 years after the commission of the violation.

SB345,3 Section 3. Initial applicability.

SB345,2,9 (1) Notwithstanding s. 990.06, this act first applies to an action for which the time limit under s. 893.93 (5) for prosecution has not expired as of the effective date of this subsection.

SB345,2,12 (2) Notwithstanding s. 990.06, this act first applies to an action for which the time limit under s. 939.74 (1) for prosecution has not expired as of the effective date of this subsection.

SB345,2,13 (End)