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LRB-3656/1
MLJ:amn
2021 - 2022 LEGISLATURE
June 7, 2021 - Introduced by Representatives Thiesfeldt, Brandtjen, Edming,
Moses, Rozar and Schraa, cosponsored by Senators Feyen, Jacque, Ringhand
and Wanggaard. Referred to Committee on Judiciary.
AB386,1,2 1An Act to amend 939.74 (1); and to create 939.74 (2b) of the statutes; relating
2to:
the time limitation for prosecution of lesser included offenses.
Analysis by the Legislative Reference Bureau
Current law provides the time limitations on prosecutions for various crimes.
This bill provides that if a prosecution has been commenced for first-degree
intentional homicide, first-degree reckless homicide, first degree sexual assault, or
first degree sexual assault of a child, and if a jury finds the defendant guilty of a lesser
included crime, the defendant may be convicted of the lesser included crime even if
the time to commence a prosecution for the lesser crime has expired.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB386,1 3Section 1 . 939.74 (1) of the statutes is amended to read:
AB386,1,84 939.74 (1) Except as provided in subs. (2), (2b), and (2d) and s. 946.88 (1),
5prosecution for a felony must be commenced within 6 years and prosecution for a
6misdemeanor or for adultery within 3 years after the commission thereof. Within the
7meaning of this section, a prosecution has commenced when a warrant or summons
8is issued, an indictment is found, or an information is filed.
AB386,2
1Section 2. 939.74 (2b) of the statutes is created to read:
AB386,2,62 939.74 (2b) If a prosecution under s. 940.01, 940.02, 940.225 (1), or 948.02 (1)
3has been commenced and if a jury finds the defendant guilty of a lesser included
4crime, the defendant may be convicted of the lesser included crime notwithstanding
5the expiration of the time limitation under sub. (1) for commencing a prosecution for
6the lesser included crime.
AB386,2,77 (End)
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