Bill Summary – FastDemocracy

2021 - 2022 LEGISLATURE
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                   2021 ASSEMBLY BILL 386
    June 7, 2021 - Introduced by Representatives THIESFELDT, BRANDTJEN, EDMING,
        MOSES, ROZAR and SCHRAA, cosponsored by Senators FEYEN, JACQUE, RINGHAND
        and WANGGAARD. Referred to Committee on Judiciary.
1   AN ACT to amend 939.74 (1); and to create 939.74 (2b) of the statutes; relating
2        to: the time limitation for prosecution of lesser included offenses.
                     Analysis by the Legislative Reference Bureau
          Current law provides the time limitations on prosecutions for various crimes.
    This bill provides that if a prosecution has been commenced for first-degree
    intentional homicide, first-degree reckless homicide, first degree sexual assault, or
    first degree sexual assault of a child, and if a jury finds the defendant guilty of a lesser
    included crime, the defendant may be convicted of the lesser included crime even if
    the time to commence a prosecution for the lesser crime has expired.
    The people of the state of Wisconsin, represented in senate and assembly, do
        enact as follows:
3        SECTION 1. 939.74 (1) of the statutes is amended to read:
4        939.74 (1) Except as provided in subs. (2), (2b), and (2d) and s. 946.88 (1),
5   prosecution for a felony must be commenced within 6 years and prosecution for a
6   misdemeanor or for adultery within 3 years after the commission thereof. Within the
7   meaning of this section, a prosecution has commenced when a warrant or summons
8   is issued, an indictment is found, or an information is filed.
    2021 - 2022 Legislature              -2-                                 LRB-3656/1
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    ASSEMBLY BILL 386                                                        SECTION 2
1        SECTION 2. 939.74 (2b) of the statutes is created to read:
2        939.74 (2b) If a prosecution under s. 940.01, 940.02, 940.225 (1), or 948.02 (1)
3   has been commenced and if a jury finds the defendant guilty of a lesser included
4   crime, the defendant may be convicted of the lesser included crime notwithstanding
5   the expiration of the time limitation under sub. (1) for commencing a prosecution for
6   the lesser included crime.
7                                        (END)
Statutes affected: 
Bill Text: 939.74(1), 939.74