Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1110 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-5748/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1110
5	5	February 23, 2024 - Introduced by Representatives SPIROS, BILLINGS, BRANDTJEN,
6	6	CLANCY, CONSIDINE, JOERS, S. JOHNSON, MAXEY, STUBBS, SUBECK, MURSAU and
7	7	JACOBSON, cosponsored by Senators WANGGAARD, AGARD, FEYEN, COWLES,
8	8	BALLWEG, TESTIN and SMITH. Referred to Committee on Judiciary.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 939.74 (2d) (c) and 939.74 (2d) (e); and to create 939.74 (2d)
11	11	(b) of the statutes; relating to: time limitations for prosecuting a felony or
12	12	related crime based on a DNA profile.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill changes the applicable time limits on prosecution when DNA evidence
15	15	implicates an individual in the commission of a felony.
16	16	Under current law, prosecution for a felony generally must be commenced
17	17	within six years of the commission of the felony, and prosecution of a misdemeanor
18	18	must be commenced within three years of the commission of the misdemeanor.
19	19	Certain crimes have a longer time limit on prosecutions; for instance, a prosecution
20	20	for second- or third-degree sexual assault must be commenced within 10 years of the
21	21	commission, and prosecution for certain crimes, such as first-degree homicide and
22	22	first-degree sexual assault, may be commenced at any time.
23	23	Under current law, if a DNA sample is collected that implicates a person in the
24	24	commission of a felony within the applicable time limit on prosecution or, if there is
25	25	no time limit on prosecution, within six years of the commission of the felony, the
26	26	state may commence prosecution of the person who is the source of the DNA sample
27	27	for the felony or a crime that is related to the felony within 12 months after the DNA
28	28	analysis results in a probable identification of the person or within the applicable
29	29	time limit on prosecution, whichever is latest.
30	30	Under this bill, the statute of limitations that has expired is reset at the time
31	31	a person is implicated in the commission of a felony by DNA evidence. Under the bill,
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34	34	3 - 2 -2023 - 2024 Legislature LRB-5748/1
35	35	CMH:amn
36	36	ASSEMBLY BILL 1110
37	37	notwithstanding that the statute of limitations has expired, the state may commence
38	38	prosecution of the person for the felony or a crime related to the felony within three
39	39	years beginning on the day that DNA evidence implicates the person in the crime.
40	40	The people of the state of Wisconsin, represented in senate and assembly, do
41	41	enact as follows:
42	42	SECTION 1. 939.74 (2d) (b) of the statutes is created to read:
43	43	939.74 (2d) (b) Notwithstanding that the applicable time limitation under sub.
44	44	(1) or (2) has expired, if a deoxyribonucleic acid profile implicates a known person in
45	45	the commission of a felony, the state may commence prosecution of that person for
46	46	the felony or a crime that is related to the felony for a period of 3 years following the
47	47	implication of the person in the felony.
48	48	SECTION 2. 939.74 (2d) (c) of the statutes is repealed.
49	49	SECTION 3. 939.74 (2d) (e) of the statutes is repealed.
50	50	SECTION 4.0Initial applicability.
51	51	(1) Notwithstanding s. 990.06, this act first applies to an action for which the
52	52	time limit under s. 939.74 (1) or (2) for prosecution has not expired as of the effective
53	53	date of this subsection.
54	54	(END)
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