AB245: Bill Text

LRB-1595/1

JEO:mfd:km

1997 - 1998 LEGISLATURE

1997 Assembly BILL 245

April 3, 1997 - Introduced by Representatives Handrick, Ainsworth, Dobyns, Gunderson, Hoven, Kaufert, Ladwig, F. Lasee, Musser, Olsen and Schafer, cosponsored by Senators A. Lasee, Buettner and Fitzgerald. Referred to Committee on Criminal Justice and Corrections.

AB245,1,11 An Act to renumber 939.50 (1) (a), 939.50 (3) (a) and 973.015; to renumber and amend 940.01 (1); to amend 301.048 (2) (b), 302.11 (1m), 303.065 (1), 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.30 (2), 939.31, 939.32 (1) (a), 939.50 (2), 939.60, 939.624 (2), 939.625 (1) (b) 2., 939.63 (1) (a) 2., 961.335 (1), 971.17 (1), 972.03, 972.13 (6), 973.013 (1) (b), 973.0135 (3), 973.014 (1) (intro.), 973.032 (2) (b), 973.09 (1) (c) and 978.07 (1) (c) 1.; and to create 301.046 (3) (cm), 304.06 (1t), 939.22 (7), 939.50 (1) (ag), 939.50 (3) (ag), 940.01 (1) (b), 940.01 (1) (c) and (d), 961.335 (1m), 967.02 (1m), 973.015, 973.016 and 973.017 of the statutes; relating to: providing a penalty of either death or life imprisonment for first-degree intentional homicide, affecting parole eligibility and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, no state crime is punishable by the death penalty. This bill provides for either a death penalty (by lethal injection) or life imprisonment (without parole eligibility) for first-degree intentional homicide committed by a person 16 years old or older.

The procedure for determining whether or not the death penalty would be imposed is the subject of a proceeding separate from the regular trial. After a conviction finding that the homicide occurred, the court reconvenes the trial jury, or, if there was no jury trial or the trial jury is unable to continue, a new jury is summoned. The defendant may waive the right to a jury. Evidence is then presented regarding various aggravating or mitigating circumstances relating to the crime and the defendant.

If the jury is not waived, the jury hears the evidence, and then gives to the court an advisory sentence of either life imprisonment or death. The court, not bound by the advisory sentence, then weighs the aggravating and mitigating circumstances and enters the sentence of either life imprisonment or death. If life imprisonment is imposed, the court must sentence the person to life imprisonment without the possibility of parole. If the court chooses the death sentence it must set forth its findings in writing. Any death sentence is subject to automatic appellate review by the supreme court.

The court that imposes the death sentence sets the execution date. The secretary of corrections designates the executioner. One physician and 12 citizen witnesses must be present at the execution.

This bill applies only to those offenses committed on or after its effective date (the day after publication).

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB245, s. 1 Section 1. 301.046 (3) (cm) of the statutes is created to read:

AB245,2,2 301.046 (3) (cm) The prisoner is not awaiting imposition of a death sentence.

AB245, s. 2 Section 2. 301.048 (2) (b) of the statutes is amended to read:

AB245,2,6 301.048 (2) (b) He or she is a prisoner serving a felony sentence for a felony not punishable by death or life imprisonment and the department directs him or her to participate in the program.

AB245, s. 3 Section 3. 302.11 (1m) of the statutes is amended to read:

AB245,3,2 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 304.06 (1t), 939.62 (2m) and 973.014, the parole commission may parole the inmate as specified in s. 304.06 (1). An inmate awaiting imposition of a death sentence is not eligible for parole.

AB245, s. 4 Section 4. 303.065 (1) of the statutes is amended to read:

AB245,3,9 303.065 (1) The department may grant work release privileges to any person incarcerated within the state prisons, except that no person serving a life sentence may be considered for work release until he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, and no person serving a life sentence under s. 939.62 (2m) or, 973.014 (1) (c) or 973.015 (3) (b) or awaiting imposition of a death sentence may be considered for work release.

AB245, s. 5 Section 5. 304.02 (5) of the statutes is amended to read:

AB245,3,13 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) or awaiting imposition of a death sentence is not eligible for release to parole supervision under this section.

AB245, s. 6 Section 6. 304.06 (1) (b) of the statutes is amended to read:

AB245,4,5 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in sub. (1t) or s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing. The parole commission may not parole an inmate who is awaiting imposition of a death sentence.

AB245, s. 7 Section 7. 304.06 (1t) of the statutes is created to read:

AB245,4,8 304.06 (1t) If the prisoner is serving a life term imposed under s. 973.015 (3) (b), the prisoner is not eligible for parole.

AB245, s. 8 Section 8. 304.071 (2) of the statutes is amended to read:

AB245,4,12 304.071 (2) If a prisoner is not eligible for parole under s. 304.06 (1) (b) or (1t), 939.62 (2m), 961.49 (2), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole under this section.

AB245, s. 9 Section 9. 939.22 (7) of the statutes is created to read:

AB245,4,15 939.22 (7) "Crime punishable by death or life imprisonment" means a crime for which one or more of the possible penalties is death or life imprisonment.

AB245, s. 10 Section 10. 939.30 (2) of the statutes is amended to read:

AB245,4,19 939.30 (2) For a solicitation to commit a crime for which the penalty is punishable by death or life imprisonment, the actor is guilty of a Class C felony. For a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.

AB245, s. 11 Section 11. 939.31 of the statutes is amended to read:

AB245,5,2 939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) and 961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is punishable by death or life imprisonment, the actor is guilty of a Class B felony.

AB245, s. 12 Section 12. 939.32 (1) (a) of the statutes is amended to read:

AB245,5,5 939.32 (1) (a) Whoever attempts to commit a crime for which the penalty is punishable by death or life imprisonment is guilty of a Class B felony.

AB245, s. 13 Section 13. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).

AB245, s. 14 Section 14. 939.50 (1) (ag) of the statutes is created to read:

AB245,5,8 939.50 (1) (ag) Class AA felony.

AB245, s. 15 Section 15. 939.50 (2) of the statutes is amended to read:

AB245,5,11 939.50 (2) A felony is a Class AA, A, B, BC, C, D or E felony when it is so specified in chs. 939 to 951.

AB245, s. 16 Section 16. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).

AB245, s. 17 Section 17. 939.50 (3) (ag) of the statutes is created to read:

AB245,5,15 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined under s. 973.015.

AB245, s. 18 Section 18. 939.60 of the statutes is amended to read:

AB245,5,19 939.60 Felony and misdemeanor defined. A crime punishable by death or imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.

AB245, s. 19 Section 19. 939.624 (2) of the statutes is amended to read: