AB937,9,2524 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment
25to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB937,10,1
1Dated this .... day of ...., 19...
AB937,10,22 BY THE COURT ....
AB937,10,33 Date of Offense ....,
AB937,10,44 District Attorney ....,
AB937,10,55 Defense Attorney ....
AB937,10,76 *Strike inapplicable paragraphs.
7 STATE OF WISCONSIN
AB937,10,98 .... County
9 In .... Court
AB937,10,1110 The State of Wisconsin
11 vs.
AB937,10,1212 ....(Name of defendant)
AB937,10,1413 On the .... day of ...., 19.., the district attorney appeared for the state and the
14defendant appeared in person and by .... the defendant's attorney.
AB937,10,1515 UPON ALL THE FILES, RECORDS AND PROCEEDINGS
AB937,10,1716 IT IS ADJUDGED That the defendant has been found not guilty by the verdict
17of the jury (by the court) and is therefore ordered discharged forthwith.
AB937,10,1818 Dated this .... day of ...., 19...
AB937,10,1919 BY THE COURT ....
AB937, s. 31 20Section 31. 973.013 (1) (b) of the statutes is amended to read:
AB937,11,321 973.013 (1) (b) The sentence shall have the effect of a sentence at hard labor
22for the maximum term fixed by the court, subject to the power of actual release from
23confinement by parole by the department or by pardon as provided by law. If a person
24is sentenced for a definite time for an offense for which the person may be sentenced
25under this section, the person is in legal effect sentenced as required by this section,

1said definite time being the maximum period. A Except as provided in s. 973.015,
2a
defendant convicted of a crime for which the minimum penalty is life shall be sen
3tenced for life.
AB937,11,4 4Section 32 973.0135 (3) of the statutes is amended to read:
AB937,11,65 973.0135 (3) A person is not subject to this section if the current serious felony
6is punishable by death or life imprisonment.
AB937, s. 33 7Section 33. 973.014 (1) (intro.) of the statutes is amended to read:
AB937,11,118 973.014 (1) (intro.)  Except as provided in sub. (2) and s. 973.015, when a court
9sentences a person to life imprisonment for a crime committed on or after July 1,
101988, the court shall make a parole eligibility determination regarding the person
11and choose one of the following options:
AB937, s. 34 12Section 34. 973.015 of the statutes is renumbered 973.019.
AB937, s. 35 13Section 35. 973.015 of the statutes is created to read:
AB937,11,23 14973.015 Sentence of death or life imprisonment for Class AA felony. (1)
15(a) Upon conviction of a defendant of a Class AA felony, the court shall conduct a sep
16arate sentencing proceeding to determine whether the defendant should be sen
17tenced to death or life imprisonment. The trial judge shall conduct the proceeding
18before the trial jury, if there was a jury trial, as soon as practicable. If the trial jury
19is unable to reconvene for a hearing on the issue of penalty, the trial judge may sum
20mon a new jury to determine the issue of the imposition of the penalty. If the trial
21jury has been waived, or if the defendant pleaded guilty, the court shall conduct the
22sentencing proceeding before a jury summoned for that purpose, unless waived by
23the defendant.
AB937,12,824 (b) In the proceeding, the court shall admit any evidence that may be relevant
25to the sentence regarding any mitigating circumstance. The court shall admit any

1other evidence according to the rules of evidence applicable at a criminal trial. The
2court shall provide the defendant with a fair opportunity to rebut any hearsay state
3ments. This subsection does not authorize the introduction of any evidence secured
4in violation of the state or federal constitution. The state has the burden of proof,
5beyond a reasonable doubt, regarding the existence of aggravating circumstances.
6The defendant has the burden of proof, by a preponderance of the evidence, regarding
7mitigating circumstances. The court shall permit the state and the defendant or his
8or her counsel to present arguments for or against a sentence of death.
AB937,12,11 9(2) Unless the defendant waives the right to a jury, the jury shall deliberate
10after hearing all the evidence and, by a majority vote, shall render an advisory sen
11tence of life imprisonment or death to the court, based upon the following matters:
AB937,12,1212 (a) The existence of aggravating circumstances under sub. (5).
AB937,12,1313 (b) The existence of mitigating circumstances under sub. (6).
AB937,12,18 14(3) (a) Notwithstanding the recommendation of a majority of the jury, the court,
15after weighing the aggravating and mitigating circumstances, shall enter a sentence
16of life imprisonment or death, but if the court imposes a sentence of death, it shall
17set forth in writing its findings upon which the sentence of death is based as to the
18facts:
AB937,12,1919 1. That sufficient aggravating circumstances exist under sub. (5); and
AB937,12,2120 2. That there are insufficient mitigating circumstances under sub. (6) to out
21weigh the aggravating circumstances.
AB937,13,222 (b) In each case in which the court imposes the death sentence, the court must
23support its determination by specific written findings of fact based upon the circum
24stances in subs. (5) and (6) and upon the records of the trial and the sentencing pro
25ceedings. If the court does not make the findings requiring the death sentence, the

1court shall impose sentence of life imprisonment. If the court imposes life imprison
2ment, it shall provide that the sentence is without the possibility of parole.
AB937,13,8 3(4) If a death sentence is imposed, the judgment of conviction and sentence of
4death is subject to automatic review by the supreme court within 60 days after certifi
5cation by the sentencing court of the entire record, unless the supreme court, for good
6cause shown, extends the time for an additional period not to exceed 30 days. The
7review by the supreme court has priority over all other cases and shall be heard in
8accordance with rules promulgated by the supreme court.
AB937,13,10 9(5) The court and jury shall consider one or more of the following as aggravat
10ing circumstances:
AB937,13,1211 (a) The Class AA felony was committed by a person under sentence of imprison
12ment.
AB937,13,1413 (b) The defendant has been previously convicted of a Class AA felony or any
14other crime for which the death sentence may be imposed.
AB937,13,1615 (c) The Class AA felony was committed for the purpose of avoiding or prevent
16ing a lawful arrest or effecting an escape from custody.
AB937,13,1717 (d) The defendant knowingly created a great risk to many persons.
AB937,13,1918 (e) The Class AA felony was committed to disrupt or hinder the lawful exercise
19of any governmental function or the enforcement of laws.
AB937,13,2120 (f) The defendant intentionally caused bodily harm or mental anguish to the
21victim or another before the victim died.
AB937,13,2322 (g) During the commission of the offense, the defendant enjoyed or was utterly
23indifferent to the suffering of another.
AB937,13,2524 (h) The Class AA felony was committed in a cold, calculated and premeditated
25manner without any pretense of moral or legal justification.
AB937,14,1
1(i) The defendant's attitude or behavior shows a lack of remorse.
AB937,14,5 2(6) The court and jury shall consider as a mitigating factor any aspect of the
3defendant's character, background or record or any of the circumstances of the of
4fense that the defendant offers as a basis for a sentence other than death. Mitigating
5circumstances may include, but are not limited to, any of the following:
AB937,14,66 (a) The defendant has no significant history of prior criminal activity.
AB937,14,87 (b) The Class AA felony was committed while the defendant was under the in
8fluence of extreme mental or emotional disturbance.
AB937,14,109 (c) The defendant was an accomplice in the Class AA felony committed by
10another person and the defendant's participation was relatively minor.
AB937,14,1211 (d) The defendant acted under extreme duress or under the substantial domi
12nation of another person.
AB937,14,1513 (e) The capacity of the defendant to appreciate the criminality of his or her con
14duct or to conform his or her conduct to the requirements of law was substantially
15impaired.
AB937,14,1716 (f) The age of the defendant impaired his or her judgment at the time of the
17crime.
AB937,14,1918 (g) The defendant cooperated with authorities in apprehending or prosecuting
19other participants in the Class AA felony.
AB937,14,2020 (h) The attitude or behavior of the defendant shows remorse.
AB937,14,23 21(7) The court that imposes a sentence of death shall set the date for execution.
22The defendant shall be committed to the Wisconsin state prisons pending the execu
23tion of the death sentence.
AB937,14,24 24(8) The execution of a death sentence shall be by lethal injection.
AB937, s. 36 25Section 36. 973.016 of the statutes is created to read:
AB937,15,2
1973.016 Stay of execution of death sentence. The execution of a death sen
2tence may be stayed only by the governor or incident to an appeal.
AB937, s. 37 3Section 37. 973.017 of the statutes is created to read:
AB937,15,15 4973.017 Execution of death sentence. The secretary of corrections shall
5designate the executioner who shall provide a person subject to a death sentence with
6an intravenous injection of one or more substances in a lethal quantity. The execu
7tioner must be a physician or acting under the direction of a physician. A person is
8immune from civil or criminal liability for his or her acts or omissions, in good faith,
9in regard to a lawful execution under this section. The secretary shall designate 12
10citizens to witness the execution. The secretary shall direct a physician to be present
11and to announce when death has occurred. The convicted person may request that
12certain additional people be allowed to witness the execution. The secretary shall
13grant any such reasonable request. The secretary may allow representatives of the
14news media to witness the execution under rules of the department. No other per
15sons may be allowed to witness the execution.
AB937, s. 38 16Section 38. 973.032 (2) (b) of the statutes is amended to read:
AB937,15,1917 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence a person
18under sub. (1) if he or she is convicted of a felony punishable by death or life imprison
19ment.
AB937, s. 39 20Section 39. 973.09 (1) (c) of the statutes is amended to read:
AB937,15,2221 973.09 (1) (c) When a person is convicted of any crime which that is punishable
22by death or life imprisonment, the court shall not place the person on probation.
AB937, s. 40 23Section 40. 978.07 (1) (c) 1. of the statutes is amended to read:
AB937,16,324 978.07 (1) (c) 1. Any case record of a felony punishable by death or life imprison
25ment or a related case, after the defendant's parole eligibility date under s. 304.06

1(1) or 973.014 or 50 years after the commencement of the action, whichever occurs
2later. If there is no parole eligibility date, the district attorney may destroy the case
3record after the defendant's death.
AB937, s. 41 4Section 41. Initial applicability.
AB937,16,6 5(1)  This act first applies to offenses committed on the effective date of this sub
6section.
AB937,16,77 (End)
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