AB937: Bill Text

AB937,12,13 (b) The existence of mitigating circumstances under sub. (6).

AB937,12,18 (3) (a) Notwithstanding the recommendation of a majority of the jury, the court, after weighing the aggravating and mitigating circumstances, shall enter a sentence of life imprisonment or death, but if the court imposes a sentence of death, it shall set forth in writing its findings upon which the sentence of death is based as to the facts:

AB937,12,19 1. That sufficient aggravating circumstances exist under sub. (5); and

AB937,12,21 2. That there are insufficient mitigating circumstances under sub. (6) to out weigh the aggravating circumstances.

AB937,13,2 (b) In each case in which the court imposes the death sentence, the court must support its determination by specific written findings of fact based upon the circum stances in subs. (5) and (6) and upon the records of the trial and the sentencing pro ceedings. If the court does not make the findings requiring the death sentence, the court shall impose sentence of life imprisonment. If the court imposes life imprison ment, it shall provide that the sentence is without the possibility of parole.

AB937,13,8 (4) If a death sentence is imposed, the judgment of conviction and sentence of death is subject to automatic review by the supreme court within 60 days after certifi cation by the sentencing court of the entire record, unless the supreme court, for good cause shown, extends the time for an additional period not to exceed 30 days. The review by the supreme court has priority over all other cases and shall be heard in accordance with rules promulgated by the supreme court.

AB937,13,10 (5) The court and jury shall consider one or more of the following as aggravat ing circumstances:

AB937,13,12 (a) The Class AA felony was committed by a person under sentence of imprison ment.

AB937,13,14 (b) The defendant has been previously convicted of a Class AA felony or any other crime for which the death sentence may be imposed.

AB937,13,16 (c) The Class AA felony was committed for the purpose of avoiding or prevent ing a lawful arrest or effecting an escape from custody.

AB937,13,17 (d) The defendant knowingly created a great risk to many persons.

AB937,13,19 (e) The Class AA felony was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.

AB937,13,21 (f) The defendant intentionally caused bodily harm or mental anguish to the victim or another before the victim died.

AB937,13,23 (g) During the commission of the offense, the defendant enjoyed or was utterly indifferent to the suffering of another.

AB937,13,25 (h) The Class AA felony was committed in a cold, calculated and premeditated manner without any pretense of moral or legal justification.

AB937,14,1 (i) The defendant's attitude or behavior shows a lack of remorse.

AB937,14,5 (6) The court and jury shall consider as a mitigating factor any aspect of the defendant's character, background or record or any of the circumstances of the of fense that the defendant offers as a basis for a sentence other than death. Mitigating circumstances may include, but are not limited to, any of the following:

AB937,14,6 (a) The defendant has no significant history of prior criminal activity.

AB937,14,8 (b) The Class AA felony was committed while the defendant was under the in fluence of extreme mental or emotional disturbance.

AB937,14,10 (c) The defendant was an accomplice in the Class AA felony committed by another person and the defendant's participation was relatively minor.

AB937,14,12 (d) The defendant acted under extreme duress or under the substantial domi nation of another person.

AB937,14,15 (e) The capacity of the defendant to appreciate the criminality of his or her con duct or to conform his or her conduct to the requirements of law was substantially impaired.

AB937,14,17 (f) The age of the defendant impaired his or her judgment at the time of the crime.

AB937,14,19 (g) The defendant cooperated with authorities in apprehending or prosecuting other participants in the Class AA felony.

AB937,14,20 (h) The attitude or behavior of the defendant shows remorse.

AB937,14,23 (7) The court that imposes a sentence of death shall set the date for execution. The defendant shall be committed to the Wisconsin state prisons pending the execu tion of the death sentence.

AB937,14,24 (8) The execution of a death sentence shall be by lethal injection.

AB937, s. 36 Section 36. 973.016 of the statutes is created to read:

AB937,15,2 973.016 Stay of execution of death sentence. The execution of a death sen tence may be stayed only by the governor or incident to an appeal.

AB937, s. 37 Section 37. 973.017 of the statutes is created to read:

AB937,15,15 973.017 Execution of death sentence. The secretary of corrections shall designate the executioner who shall provide a person subject to a death sentence with an intravenous injection of one or more substances in a lethal quantity. The execu tioner must be a physician or acting under the direction of a physician. A person is immune from civil or criminal liability for his or her acts or omissions, in good faith, in regard to a lawful execution under this section. The secretary shall designate 12 citizens to witness the execution. The secretary shall direct a physician to be present and to announce when death has occurred. The convicted person may request that certain additional people be allowed to witness the execution. The secretary shall grant any such reasonable request. The secretary may allow representatives of the news media to witness the execution under rules of the department. No other per sons may be allowed to witness the execution.

AB937, s. 38 Section 38. 973.032 (2) (b) of the statutes is amended to read:

AB937,15,19 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence a person under sub. (1) if he or she is convicted of a felony punishable by death or life imprison ment.

AB937, s. 39 Section 39. 973.09 (1) (c) of the statutes is amended to read:

AB937,15,22 973.09 (1) (c) When a person is convicted of any crime which that is punishable by death or life imprisonment, the court shall not place the person on probation.

AB937, s. 40 Section 40. 978.07 (1) (c) 1. of the statutes is amended to read:

AB937,16,3 978.07 (1) (c) 1. Any case record of a felony punishable by death or life imprison ment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date, the district attorney may destroy the case record after the defendant's death.

AB937, s. 41 Section 41. Initial applicability.

AB937,16,6 (1)  This act first applies to offenses committed on the effective date of this sub section.

AB937,16,7 (End)