AB 514

Extending time period for commencing prosecution of certain offenses when

DNA evidence is available

Under current law, the state generally must commence prosecution of a felony

within six years of the offense and a misdemeanor within three years of the offense

and if it does not, prosecution is barred. However, the following exceptions to this

general rule apply: 1) there is no time limitation for commencing prosecution of

first-degree or second-degree intentional homicide, first-degree reckless homicide,

felony murder, or certain sexual assaults of a child; 2) prosecution of second-degree

reckless homicide may be commenced within 15 years of the offense; 3) prosecution

of certain sexual, enticement, abuse, or trafficking offenses against a child are

extended until the victim of the offense reaches either age 24, 26, or 45, depending

on the offense; and 4) if the state collects deoxyribonucleic acid (DNA) evidence in

connection with certain sexual assaults or sexual assaults of a child before the

applicable time period for commencing prosecution of the assault expires, but cannot

match the DNA evidence with a known person until after the time period for

commencing prosecution of the assault expires, the time period for commencing

prosecution of the person who is the source of the DNA for the assault is extended.

In addition, the time period for commencing prosecution of crimes that are related

to the assault may be extended as well. Crimes are related if they are committed

against the same victim, are proximate in time, and are committed with the same

intent, purpose, or opportunity so as to be part of the same course of conduct.

The specific provisions for extending the time for commencing prosecution in

cases in which the state collects DNA evidence are as follows:

1. First degree sexual assault: Under

2005 Wisconsin Act 276

, if the state

collects DNA evidence in connection with a first-degree sexual assault before the

time for commencing prosecution of the first-degree sexual assault expires, the state

may commence prosecution of the first-degree sexual assault at any time after

making a DNA match. Under

2005 Wisconsin Act 60

, the state may also commence

prosecution for a crime that is related to the first-degree sexual assault within 12

months after making a DNA match.

2. Second-degree sexual assault: Under

2005 Wisconsin Acts 60

and

276

, if the

state collects DNA evidence in connection with a second-degree sexual assault