An Act to create 939.74 (2) (ap) of the statutes; Relating to: the time limitation on prosecution for hiding a corpse.
Summary
SB423 creates a new statute extending the time limit for prosecuting the crime of hiding a corpse under Wisconsin law. Under the bill, a prosecution for hiding a corpse may be started within the normal criminal limitation period or within 6 years after the corpse is discovered or identified, whichever deadline is later. This gives prosecutors additional time in cases where the body is concealed and the offense may not be immediately detected.
The bill also includes an initial applicability provision stating that it applies only to cases where the existing limitation period had not already expired as of the effective date. In practical terms, the change is prospective for still-open cases and does not revive prosecutions that were already time-barred before the law took effect.
Impact
The bill amends Wisconsin’s criminal statute of limitations by adding a specific rule for prosecutions under s. 940.11(2), the offense of hiding a corpse. It modifies s. 939.74 to allow a longer filing window tied to the date the corpse is discovered or identified, which affects prosecutors, law enforcement, and defendants in concealment-of-remains cases. The act takes effect the day after publication under Wisconsin law and applies only where the prior limitation period had not yet expired.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or opposition in the available materials. Based on the text alone, the bill appears narrowly targeted and procedural rather than controversial, aimed at giving law enforcement more time to investigate a concealed-body case once the remains are found. The absence of recorded votes or discussion suggests the measure may have moved without notable public contention in the available record.
Contention
The main policy issue is whether extending the prosecution window is necessary and fair. Supporters would likely argue that hiding a corpse is often difficult to detect and that the clock should not run before the body is found or identified. Potential concerns would come from criminal-defense or civil-liberties perspectives, which may question longer exposure to prosecution and the fairness of extending liability based on discovery rather than the date of the offense. No specific opposing viewpoints are documented in the provided materials.