AB245,5,1514 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined
15under s. 973.015.
AB245, s. 18 16Section 18. 939.60 of the statutes is amended to read:
AB245,5,19 17939.60 Felony and misdemeanor defined. A crime punishable by death or
18imprisonment in the Wisconsin state prisons is a felony. Every other crime is a
19misdemeanor.
AB245, s. 19 20Section 19. 939.624 (2) of the statutes is amended to read:
AB245,6,221 939.624 (2) If a person has one or more prior convictions for a serious violent
22crime or a crime punishable by death or life imprisonment and subsequently
23commits a serious violent crime, the court shall sentence the person to not less than
245 years' imprisonment, but otherwise the penalties for the crime apply, subject to any

1applicable penalty enhancement. The court shall not place the defendant on
2probation.
AB245, s. 20 3Section 20. 939.625 (1) (b) 2. of the statutes is amended to read:
AB245,6,64 939.625 (1) (b) 2. If the maximum term of imprisonment for a felony is more
5than 5 years or is a life term or the felony is punishable by death, the maximum term
6of imprisonment for the felony may be increased by not more than 5 years.
AB245, s. 21 7Section 21. 939.63 (1) (a) 2. of the statutes is amended to read:
AB245,6,108 939.63 (1) (a) 2. If the maximum term of imprisonment for a felony is more than
95 years or is a life term or the felony is punishable by death, the maximum term of
10imprisonment for the felony may be increased by not more than 5 years.
AB245, s. 22 11Section 22. 940.01 (1) of the statutes is renumbered 940.01 (1) (a) and
12amended to read:
AB245,6,1513 940.01 (1) (a) Except as provided in pars. (b) and (c) and sub. (2), whoever
14causes the death of another human being with intent to kill that person or another
15is guilty of a Class A AA felony.
AB245, s. 23 16Section 23. 940.01 (1) (b) of the statutes is created to read:
AB245,6,1817 940.01 (1) (b) Notwithstanding s. 939.05, a person is subject to par. (a) as a
18party to a crime only if that person had intended that a person be killed.
AB245, s. 24 19Section 24. 940.01 (1) (c) and (d) of the statutes are created to read:
AB245,6,2120 940.01 (1) (c) A person is subject to par. (a) only if the person is 16 years old or
21older when he or she commits the offense.
AB245,6,2422 (d) Except as provided in sub. (2), whoever causes the death of another human
23being with intent to kill that person or another, but who is not subject to par. (a) for
24any reason provided under par. (b) or (c), is guilty of a Class A felony.
AB245, s. 25 25Section 25. 961.335 (1) of the statutes is amended to read:
AB245,7,11
1961.335 (1) Upon Except as provided in sub. (1m), upon application the
2controlled substances board may issue a permit authorizing a person to
3manufacture, obtain, possess, use, administer or dispense a controlled substance for
4purposes of scientific research, instructional activities, chemical analysis or other
5special uses, without restriction because of enumeration. No person shall engage in
6any such activity without a permit issued under this section, except that an
7individual may be designated and authorized to receive the permit for a college or
8university department, research unit or similar administrative organizational unit
9and students, laboratory technicians, research specialists or chemical analysts
10under his or her supervision may be permitted possession and use of controlled
11substances for these purposes without obtaining an individual permit.
AB245, s. 26 12Section 26. 961.335 (1m) of the statutes is created to read:
AB245,7,1513 961.335 (1m) Upon the application of the secretary of corrections for a permit
14to obtain a controlled substance for purposes of an execution under s. 973.017, the
15controlled substances board shall issue a permit under this section.
AB245, s. 27 16Section 27. 967.02 (1m) of the statutes is created to read:
AB245,7,1817 967.02 (1m) "Crime punishable by death or life imprisonment" has the
18meaning given in s. 939.22 (7).
AB245, s. 28 19Section 28. 971.17 (1) of the statutes is amended to read:
AB245,8,520 971.17 (1) Commitment period. When a defendant is found not guilty by reason
21of mental disease or mental defect, the court shall commit the person to the
22department of health and family services for a specified period not exceeding
23two-thirds of the maximum term of imprisonment that could be imposed under s.
24973.15 (2) (a) against an offender convicted of the same crime or crimes, including
25imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621,

1939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b) and 940.25 (1b) and 961.48
2and other penalty enhancement statutes, as applicable, subject to the credit
3provisions of s. 973.155. If the maximum term of imprisonment crime is punishable
4by death or
life imprisonment, the commitment period specified by the court may be
5life, subject to termination under sub. (5).
AB245, s. 29 6Section 29. 972.03 of the statutes is amended to read:
AB245,8,23 7972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
8challenges except as otherwise provided in this section. When the crime charged is
9punishable by death or life imprisonment the state is entitled to 6 peremptory
10challenges and the defendant is entitled to 6 peremptory challenges. If there is more
11than one defendant, the court shall divide the challenges as equally as practicable
12among them; and if their defenses are adverse and the court is satisfied that the
13protection of their rights so requires, the court may allow the defendants additional
14challenges. If the crime is punishable by death or life imprisonment, the total
15peremptory challenges allowed the defense shall not exceed 12 if there are only 2
16defendants and 18 if there are more than 2 defendants; in other felony cases 6
17challenges if there are only 2 defendants and 9 challenges if there are more than 2.
18In misdemeanor cases, the state is entitled to 3 peremptory challenges and the
19defendant is entitled to 3 peremptory challenges, except that if there are 2
20defendants, the court shall allow the defense 4 peremptory challenges, and if there
21are more than 2 defendants, the court shall allow the defense 6 peremptory
22challenges. Each side shall be allowed one additional peremptory challenge if
23additional jurors are to be impaneled under s. 972.04 (1).
AB245, s. 30 24Section 30. 972.13 (6) of the statutes is amended to read:
AB245,8,2525 972.13 (6) The following forms may be used for judgments:
AB245,9,1
1STATE OF WISCONSIN
AB245,9,22 .... County
AB245,9,43 In .... Court
4 The State of Wisconsin
AB245,9,55 vs.
AB245,9,66 ....(Name of defendant)
AB245,9,77 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
AB245,9,138 IT IS ADJUDGED That the defendant has been convicted upon the defendant's
9plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
10(no contest) on the .... day of ...., 19.., of the crime of .... in violation of s. ....; and the
11court having asked the defendant whether the defendant has anything to state why
12sentence should not be pronounced, and no sufficient grounds to the contrary being
13shown or appearing to the court.
AB245,9,1414 *IT IS ADJUDGED That the defendant is guilty as convicted.
AB245,9,15 15*IT IS ADJUDGED That the defendant shall be executed by lethal injection.
AB245,9,1716 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
17state prisons (county jail of .... county) for an indeterminate term of not more than.....
AB245,9,2018 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions
19program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
20and the following conditions:....
AB245,9,2321 *IT IS ADJUDGED That the defendant is hereby committed to detention in
22(the defendant's place of residence or place designated by judge) for a term of not
23more than....
AB245,9,2524 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
25costs of this action).
AB245,10,1
1*IT IS ADJUDGED That the defendant pay restitution to....
AB245,10,32 *IT IS ADJUDGED That the defendant is restricted in his or her use of
3computers as follows:....
AB245,10,54 *The .... at .... is designated as the Reception Center to which the defendant
5shall be delivered by the sheriff.
AB245,10,76 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment
7to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB245,10,88 Dated this .... day of ...., 19...
AB245,10,99 BY THE COURT ....
AB245,10,1010 Date of Offense ....,
AB245,10,1111 District Attorney ....,
AB245,10,1212 Defense Attorney ....
AB245,10,1413 *Strike inapplicable paragraphs.
14 STATE OF WISCONSIN
AB245,10,1615 .... County
16 In .... Court
AB245,10,1817 The State of Wisconsin
18 vs.
AB245,10,1919 ....(Name of defendant)
AB245,10,2120 On the .... day of ...., 19.., the district attorney appeared for the state and the
21defendant appeared in person and by .... the defendant's attorney.
AB245,10,2222 UPON ALL THE FILES, RECORDS AND PROCEEDINGS
AB245,10,2423 IT IS ADJUDGED That the defendant has been found not guilty by the verdict
24of the jury (by the court) and is therefore ordered discharged forthwith.
AB245,10,2525 Dated this .... day of ...., 19...
AB245,11,1
1BY THE COURT ....
AB245, s. 31 2Section 31. 973.013 (1) (b) of the statutes is amended to read:
AB245,11,103 973.013 (1) (b) The sentence shall have the effect of a sentence at hard labor
4for the maximum term fixed by the court, subject to the power of actual release from
5confinement by parole by the department or by pardon as provided by law. If a person
6is sentenced for a definite time for an offense for which the person may be sentenced
7under this section, the person is in legal effect sentenced as required by this section,
8said definite time being the maximum period. A Except as provided in s. 973.015,
9a
defendant convicted of a crime for which the minimum penalty is life shall be
10sentenced for life.
AB245,11,11 11Section 32 973.0135 (3) of the statutes is amended to read:
AB245,11,1312 973.0135 (3) A person is not subject to this section if the current serious felony
13is punishable by death or life imprisonment.
AB245, s. 33 14Section 33. 973.014 (1) (intro.) of the statutes is amended to read:
AB245,11,1815 973.014 (1) (intro.)  Except as provided in sub. (2) and s. 973.015 (3) (b), when
16a court sentences a person to life imprisonment for a crime committed on or after July
171, 1988, the court shall make a parole eligibility determination regarding the person
18and choose one of the following options:
AB245, s. 34 19Section 34. 973.015 of the statutes is renumbered 973.019.
AB245, s. 35 20Section 35. 973.015 of the statutes is created to read:
AB245,12,5 21973.015 Sentence of death or life imprisonment for Class AA felony. (1)
22(a) Upon conviction of a defendant of a Class AA felony, the court shall conduct a
23separate sentencing proceeding to determine whether the defendant should be
24sentenced to death or life imprisonment. The trial judge shall conduct the proceeding
25before the trial jury, if there was a jury trial, as soon as practicable. If the trial jury

1is unable to reconvene for a hearing on the issue of penalty, the trial judge may
2summon a new jury to determine the issue of the imposition of the penalty. If the trial
3jury has been waived, or if the defendant pleaded guilty, the court shall conduct the
4sentencing proceeding before a jury summoned for that purpose unless the
5defendant waives a jury.
AB245,12,166 (b) In the proceeding, the court shall admit any evidence that may be relevant
7to the sentence regarding any mitigating circumstance. The court shall admit any
8other evidence according to the rules of evidence applicable at a criminal trial. The
9court shall provide the defendant with a fair opportunity to rebut any hearsay
10statements. This paragraph does not authorize the introduction of any evidence
11secured in violation of the state or federal constitution. The state has the burden of
12proof, beyond a reasonable doubt, regarding the existence of aggravating
13circumstances. The defendant has the burden of proof, by a preponderance of the
14evidence, regarding mitigating circumstances. The court shall permit the state and
15the defendant or his or her counsel to present arguments for or against a sentence
16of death.
AB245,12,20 17(2) Unless the defendant waives the right to a jury, the jury shall deliberate
18after hearing all of the evidence and, by a majority vote, shall render an advisory
19sentence of life imprisonment or death to the court, based upon the following
20matters:
AB245,12,2121 (a) The existence of aggravating circumstances under sub. (5).
AB245,12,2222 (b) The existence of mitigating circumstances under sub. (6).
AB245,13,2 23(3) (a) Notwithstanding the recommendation of a majority of the jury, the court,
24after weighing the aggravating and mitigating circumstances, shall enter a sentence
25of life imprisonment or death, but if the court imposes a sentence of death, it shall

1set forth in writing its findings upon which the sentence of death is based as to the
2facts:
AB245,13,33 1. That sufficient aggravating circumstances exist under sub. (5); and
AB245,13,54 2. That there are insufficient mitigating circumstances under sub. (6) to
5outweigh the aggravating circumstances.
AB245,13,116 (b) In each case in which the court imposes the death sentence, the court must
7support its determination by specific written findings of fact based upon the
8circumstances in subs. (5) and (6) and upon the records of the trial and the sentencing
9proceedings. If the court does not make the findings requiring the death sentence,
10the court shall impose a sentence of life imprisonment. If the court imposes life
11imprisonment, it shall provide that the sentence is without the possibility of parole.
AB245,13,17 12(4) If a death sentence is imposed, the judgment of conviction and sentence of
13death is subject to automatic review by the supreme court within 60 days after
14certification by the sentencing court of the entire record, unless the supreme court,
15for good cause shown, extends the time for an additional period not to exceed 30 days.
16The review by the supreme court has priority over all other cases and shall be heard
17in accordance with rules promulgated by the supreme court.
AB245,13,19 18(5) The court and jury shall consider one or more of the following as
19aggravating circumstances:
AB245,13,2120 (a) The Class AA felony was committed by a person under sentence of
21imprisonment.
AB245,13,2322 (b) The defendant has been previously convicted of a Class AA felony or any
23other crime for which the death sentence may be imposed.
AB245,13,2524 (c) The Class AA felony was committed for the purpose of avoiding or
25preventing a lawful arrest or effecting an escape from custody.
AB245,14,1
1(d) The defendant knowingly created a great risk to many persons.
AB245,14,32 (e) The Class AA felony was committed to disrupt or hinder the lawful exercise
3of any governmental function or the enforcement of laws.
AB245,14,54 (f) The defendant intentionally caused bodily harm or mental anguish to the
5victim or another before the victim died.
AB245,14,76 (g) During the commission of the offense, the defendant enjoyed or was utterly
7indifferent to the suffering of another.
AB245,14,98 (h) The Class AA felony was committed in a cold, calculated and premeditated
9manner without any pretense of moral or legal justification.
AB245,14,1010 (i) The defendant's attitude or behavior shows a lack of remorse.
AB245,14,14 11(6) The court and jury shall consider as a mitigating factor any aspect of the
12defendant's character, background or record or any of the circumstances of the
13offense that the defendant offers as a basis for a sentence other than death.
14Mitigating circumstances may include, but are not limited to, any of the following:
AB245,14,1515 (a) The defendant has no significant history of prior criminal activity.
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