LRB-3245/1
CMH:eev:jf
2013 - 2014 LEGISLATURE
January 21, 2014 - Introduced by Representatives Steineke, Bies, T. Larson, Ripp
and Mursau, cosponsored by Senator Kedzie. Referred to Committee on
Criminal Justice.
AB634,1,2 1An Act to amend 939.74 (2) (am) and 943.06 (1) of the statutes; relating to:
2statute of limitations for arson crimes and the definition of a Molotov cocktail.
Analysis by the Legislative Reference Bureau
Under current law, a prosecution for the felony crime of arson must be
commenced within six years of the violation. This bill changes that time limit to 15
years for arson of buildings, arson of property other than a building, and arson with
the intent to defraud. This bill first applies the change to these arson offenses that,
as of the effective date of this bill, have not been barred from prosecution under the
six-year statute of limitation.
Current law defines, in part, a "fire bomb" (commonly known as a Molotov
cocktail) as a breakable container. This bill removes the requirement that the
container be breakable.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB634,1 3Section 1. 939.74 (2) (am) of the statutes is amended to read:
AB634,1,54 939.74 (2) (am) A prosecution under s. 940.06, 943.02, 943.03, or 943.04 may
5be commenced within 15 years after the commission of the violation.
AB634,2 6Section 2. 943.06 (1) of the statutes is amended to read:
AB634,2,4
1943.06 (1) As used in this section, "fire bomb" means a breakable container
2containing a flammable liquid with a flash point of 150 degrees Fahrenheit or less,
3having a wick or similar device capable of being ignited, but does not mean a device
4commercially manufactured primarily for the purpose of illumination.
AB634,3 5Section 3. Initial applicability.
AB634,2,96 (1) Notwithstanding section 990.06 of the statutes, the treatment of section
7939.74 (2) (am) of the statutes first applies to an act for which the time limit under
8section 939.74 (1) of the statutes for prosecution has not expired as of the effective
9date of this subsection.
AB634,2,1010 (End)
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