LRB-2350/1
CMH:emw
2015 - 2016 LEGISLATURE
June 4, 2015 - Introduced by Representatives Kerkman, Goyke, Berceau, Bowen,
E. Brooks, Edming, Genrich, Horlacher, Jacque, Johnson, Kahl, Krug, T.
Larson
, Murphy, Mursau, Ohnstad, A. Ott, Quinn, Rohrkaste, Sargent,
Sinicki, Spiros, Spreitzer, Subeck, C. Taylor, Thiesfeldt, Tittl, Zamarripa
and Kremer, cosponsored by Senators LeMahieu, Lassa, Harris Dodd,
Marklein and Olsen. Referred to Committee on Judiciary.
AB252,1,3 1An Act to amend 939.74 (2d) (c); and to create 939.74 (2) (ar) of the statutes;
2relating to: statute of limitations for second-degree or third-degree sexual
3assault.
Analysis by the Legislative Reference Bureau
Under current law, with exceptions, a prosecution for a felony must be
commenced within six years of the commission of the felony. Under this bill, a
prosecution for second-degree or third-degree sexual assault must be commenced
within ten years of the commission of the felony.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB252,1 4Section 1. 939.74 (2) (ar) of the statutes is created to read:
AB252,1,65 939.74 (2) (ar) A prosecution for a violation of s. 940.225 (2) or (3) may be
6commenced within 10 years after the commission of the violation.
AB252,2 7Section 2. 939.74 (2d) (c) of the statutes is amended to read:
AB252,2,98 939.74 (2d) (c) If, before the applicable time limitation under sub. (1) or (2)
9(am), (ar), (c), or (cm) for commencing prosecution of a felony under ch. 940 or 948,

1other than a felony specified in sub. (2) (a), expires, the state collects biological
2material that is evidence of the identity of the person who committed the felony,
3identifies a deoxyribonucleic acid profile from the biological material, and compares
4the deoxyribonucleic acid profile to deoxyribonucleic acid profiles of known persons,
5the state may commence prosecution of the person who is the source of the biological
6material for the felony or a crime that is related to the felony or both within 12
7months after comparison of the deoxyribonucleic acid profile relating to the felony
8results in a probable identification of the person or within the applicable time under
9sub. (1) or (2), whichever is latest.
AB252,3 10Section 3. Initial applicability.
AB252,2,1311 (1) Notwithstanding section 990.06 of the statutes, this act first applies to an
12act for which the time limit under section 939.74 (1) of the statutes for prosecution
13has not expired as of the effective date of this subsection.
AB252,2,1414 (End)
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