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LRB-0072/1
CMH:cdc
2021 - 2022 LEGISLATURE
December 17, 2021 - Introduced by Senator Jacque, cosponsored by
Representatives Wichgers, Brandtjen, Murphy, Snodgrass, Spreitzer and
Milroy. Referred to Committee on Judiciary and Public Safety.
SB787,1,3 1An Act to amend 939.74 (2) (ar) and 939.74 (2d) (c); and to create 939.74 (2) (ah)
2of the statutes; relating to: statute of limitations for second-degree sexual
3assault.
Analysis by the Legislative Reference Bureau
Current law limits the time a prosecutor has to file a criminal complaint against
a person or be barred, commonly called a statute of limitation. The limit varies by
the nature and severity of the crime; for instance, for most felonies the limit is six
years but there is no limit for homicide or first-degree sexual assault. Under current
law, a criminal complaint for second-degree sexual assault must be filed within 10
years after the assault. This bill extends the period so that a criminal complaint for
second-degree sexual assault must be filed within 20 years after the assault.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB787,1 4Section 1 . 939.74 (2) (ah) of the statutes is created to read:
SB787,1,65 939.74 (2) (ah) A prosecution for a violation of s. 940.225 (2) may be commenced
6within 20 years after the commission of the violation.
SB787,2 7Section 2 . 939.74 (2) (ar) of the statutes is amended to read:
SB787,2,2
1939.74 (2) (ar) A prosecution for a violation of s. 940.225 (2) or (3) may be
2commenced within 10 years after the commission of the violation.
SB787,3 3Section 3 . 939.74 (2d) (c) of the statutes is amended to read:
SB787,2,144 939.74 (2d) (c) If, before the applicable time limitation under sub. (1) or (2) (ah),
5(am), (ar), (c), or (cm) for commencing prosecution of a felony under ch. 940 or 948,
6other than a felony specified in sub. (2) (a), expires, the state collects biological
7material that is evidence of the identity of the person who committed the felony,
8identifies a deoxyribonucleic acid profile from the biological material, and compares
9the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons,
10the state may commence prosecution of the person who is the source of the biological
11material for the felony or a crime that is related to the felony or both within 12
12months after comparison of the deoxyribonucleic acid profile relating to the felony
13results in a probable identification of the person or within the applicable time under
14sub. (1) or (2), whichever is latest.
SB787,4 15Section 4 . Initial applicability.
SB787,2,1816 (1) Notwithstanding s. 990.06, this act first applies to an act for which the time
17limit under s. 939.74 (2) for prosecution has not expired as of the effective date of this
18subsection.
SB787,2,1919 (End)
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