Time limitations for commencing prosecution of crimes

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 before the time for commencing prosecution of the second-degree sexual assault expires, the state may commence prosecution of the second-degree sexual assault within 12 months after making a DNA match. Under 2005 Wisconsin Act 60 , the state may also commence prosecution of a crime that is related to the second-degree sexual assault within 12 months after making a DNA match.

3. Sexual assault of a child: Under current law, if the state collects DNA evidence in connection with a second-degree sexual assault of a child or a Class C felony repeated sexual assault of the same child (second-degree or Class C felony sexual assault of a child), the state may commence prosecution of the second-degree or Class C felony sexual assault of a child, or a crime that is related to the second-degree or Class C felony sexual assault of a child, within 12 months after making the DNA match. Additionally, if the state collects DNA evidence in connection with a first- degree or second- degree sexual assault of a child or a Class A, B, or C felony repeated sexual assault of the same child before the time for commencing prosecution of a crime that is related to the sexual assault or repeated sexual assault of a child expires, the state may commence prosecution of the related crime within 12 months after making a DNA match.

This bill extends application of the DNA evidence exception to time limits for commencing prosecution. Under the bill, if the state collects DNA evidence in connection with a crime against life or bodily security or a crime against children before the time for commencing prosecution of the felony expires, the state may commence prosecution of the felony, or a crime that is related to the felony, within 12 months after making a DNA match. In addition, the bill provides that if the state collects DNA evidence of a crime for which there is no time limit for commencing prosecution (first-degree or second-degree intentional homicide, first-degree reckless homicide, felony murder, or certain sexual assaults of a child) within six years after commission of that crime, the state may commence prosecution of a crime that is related to that crime, within 12 months after making a DNA match.

The bill reconciles 2005 Wisconsin Acts 60 and 276 by providing that: 1) 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, and may commence prosecution of a crime that is related to the first-degree sexual assault within 12 months after making a DNA match; and 2) that if the state collects DNA evidence in connection with a second-degree sexual assault, the state may commence prosecution of the second-degree sexual assault, or a crime that is related to the second-degree sexual assault, within 12 months after making a DNA match.