Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB757 Compare Versions

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

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1	1	LRB-0021/1
2	2	CMH:wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 757
5	5	December 8, 2023 - Introduced by Senator JACQUE, cosponsored by Representatives
6	6	PENTERMAN, BRANDTJEN, JACOBSON, MAXEY, SUBECK, WICHGERS and GUSTAFSON.
7	7	Referred to Committee on Judiciary and Public Safety.
8	8	AN ACT to amend 939.74 (2) (ar) and 939.74 (2d) (c); and to create 939.74 (2) (ah)
9	9	of the statutes; relating to: statute of limitations for second-degree sexual
10	10	assault.
11	11	Analysis by the Legislative Reference Bureau
12	12	Current law limits the time a prosecutor has to file a criminal complaint against
13	13	a person—this is commonly called a statute of limitations. The limit varies by the
14	14	nature and severity of the crime; for instance, for most felonies the limit is six years
15	15	after the commission of the crime, but there is no limit for homicide or first-degree
16	16	sexual assault. Under current law, a criminal complaint for second-degree sexual
17	17	assault must be filed within 10 years after the assault. This bill extends the period
18	18	so that a criminal complaint for second-degree sexual assault must be filed within
19	19	20 years after the assault.
20	20	The people of the state of Wisconsin, represented in senate and assembly, do
21	21	enact as follows:
22	22	SECTION 1. 939.74 (2) (ah) of the statutes is created to read:
23	23	939.74 (2) (ah) A prosecution for a violation of s. 940.225 (2) may be commenced
24	24	within 20 years after the commission of the violation.
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30	30	6 - 2 -2023 - 2024 Legislature LRB-0021/1
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32	32	SECTION 2 SENATE BILL 757
33	33	SECTION 2. 939.74 (2) (ar) of the statutes is amended to read:
34	34	939.74 (2) (ar) A prosecution for a violation of s. 940.225 (2) or (3) may be
35	35	commenced within 10 years after the commission of the violation.
36	36	SECTION 3. 939.74 (2d) (c) of the statutes is amended to read:
37	37	939.74 (2d) (c) If, before the applicable time limitation under sub. (1) or (2) (ah),
38	38	(am), (ar), (c), or (cm) for commencing prosecution of a felony under ch. 940 or 948,
39	39	other than a felony specified in sub. (2) (a), expires, the state collects biological
40	40	material that is evidence of the identity of the person who committed the felony,
41	41	identifies a deoxyribonucleic acid profile from the biological material, and compares
42	42	the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons,
43	43	the state may commence prosecution of the person who is the source of the biological
44	44	material for the felony or a crime that is related to the felony or both within 12
45	45	months after comparison of the deoxyribonucleic acid profile relating to the felony
46	46	results in a probable identification of the person or within the applicable time under
47	47	sub. (1) or (2), whichever is latest.
48	48	SECTION 4.0Initial applicability.
49	49	(1) Notwithstanding s. 990.06, this act first applies to an act for which the time
50	50	limit under s. 939.74 (2) for prosecution has not expired as of the effective date of this
51	51	subsection.
52	52	(END)
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