The 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, and prosecution for certain crimes, such as homicide, may be commenced at any time.

Under current law, if, within the applicable time limit on prosecution or, if there is no time limit on prosecution, within six years of the commission of a felony, a DNA sample is collected that implicates a person in the commission of a felony, the state may commence prosecution of the person who is the source of the biological material 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 the bill, the statute of limitations is reset at the time a person is implicated in the commission of a felony by DNA evidence. Under the bill, the state may commence prosecution of the person for the felony or a crime related to the felony within the applicable statute of limitations beginning on the day that the person is implicated in the crime by DNA evidence.

Fraud scheme

The bill creates a new crime of fraud scheme. Under current law, obtaining title to property of another person by intentionally deceiving the person is a type of theft. Under current law, multiple thefts may be charged as one offense if they are part of a single deceptive scheme. The bill creates a new crime that combines these concepts for circumstances when a single deceptive scheme results in theft by fraud.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

SB1094,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1094,1 Section 1. 6.47 (1) (b) of the statutes is amended to read:

SB1094,,6 6.47 (1) (b) “Offense relating to domestic abuse, sexual assault, or stalking” means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225, 940.235, 940.32, 940.43 (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 947.013, 948.02, 948.025, 948.06, 948.085, 948.09, or 948.095.

SB1094,2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

SB1094,3 Section 3. 20.455 (2) (cs) of the statutes is created to read:

SB1094,,9 20.455 (2) (cs) Community policing and community prosecution grant program. The amounts in the schedule for the community policing and community prosecution grant program under 2023 Wisconsin Act .... (this act), section 165 (3).

SB1094,4 Section 4. 20.455 (2) (cs) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

SB1094,5 Section 5. 20.455 (2) (ct) of the statutes is created to read:

SB1094,,12 20.455 (2) (ct) Officer recruitment, retention, and wellness grant program. The amounts in the schedule for the officer recruitment, retention, and wellness grant program under 2023 Wisconsin Act .... (this act), section 165 (4).

SB1094,6 Section 6. 20.455 (2) (ct) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

SB1094,7 Section 7. 20.455 (2) (dm) of the statutes is created to read:

SB1094,,15 20.455 (2) (dm) Violence prevention grants. The amounts in the schedule for the violence prevention grant program under 2023 Wisconsin Act .... (this act), section 165 (2).

SB1094,8 Section 8. 20.455 (2) (dm) of the statutes, as created by 2023 Wisconsin Act .... (this act), is repealed.

SB1094,9 Section 9. 20.455 (2) (em) (title) of the statutes is amended to read:

SB1094,,18 20.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and incarceration for persons who use alcohol or other drugs; presentencing assessments.

SB1094,10 Section 10. 20.455 (2) (gr) of the statutes is amended to read:

SB1094,,20 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 175.35, 175.49, and 175.60.

SB1094,11 Section 11. 20.455 (5) (dm) of the statutes is created to read:

SB1094,,22 20.455 (5) (dm) Address confidentiality program. The amounts in the schedule for the address confidentiality program under s. 165.68.