LRB-2618/1
CMH:lmk:pg
2007 - 2008 LEGISLATURE
June 14, 2007 - Introduced by Representatives Staskunas, Kerkman, Musser,
Hraychuck, Gunderson, Zepnick, Sinicki, A. Ott, Sheridan, Kaufert, J. Ott
and Townsend, cosponsored by Senators Plale, Cowles, Roessler, Schultz,
Kedzie, Leibham and
Darling. Referred to Committee on Criminal Justice.
AB405,1,3
1An Act to renumber 973.014 (2); and
to create 939.646 and 973.014 (2) (b) of
2the statutes;
relating to: penalty for first-degree intentional homicide if
3victim is a law enforcement officer and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who commits first-degree intentional homicide is
guilty of a Class A felony and subject to life imprisonment. When the court sentences
a person to life imprisonment, the court must make a parole eligibility determination
(for crimes committed on or after July 1, 1988, but before December 31, 1999) or an
extended supervision eligibility date (for crimes committed on or after December 31,
1999). If the determination is for parole eligibility, the court must decide if the person
is eligible for parole, eligible for parole on a certain date, or not eligible for parole.
If the determination is eligibility for release to extended supervision, the court must
decide if the person is eligible after serving 20 years, eligible on a certain later date,
or not eligible. A person who is a persistent repeater is not eligible for parole or
extended supervision.
Under this bill, a person who commits first-degree homicide if the person knew,
or should have known, that the victim is a law enforcement officer is not eligible for
parole or extended supervision.
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:
AB405, s. 1
1Section
1. 939.646 of the statutes is created to read:
AB405,2,6
2939.646 Penalty; crimes committed against law enforcement officers. 3If a person commits a violation of s. 940.01 (1) and the person knew, or should have
4known, that the victim of the violation is a law enforcement officer, as defined in s.
5165.85 (2) (c), the term of imprisonment is life imprisonment without the possibility
6of parole or extended supervision.
AB405, s. 2
7Section
2. 973.014 (2) of the statutes is renumbered 973.014 (2) (a).
AB405, s. 3
8Section
3. 973.014 (2) (b) of the statutes is created to read:
AB405,2,119
973.014
(2) (b) When a court sentences a person to life imprisonment under s.
10939.646, the court shall provide that the sentence is without the possibility of parole
11or extended supervision.
AB405,2,1413
(1) This act first applies to persons who are sentenced on the effective date of
14this subsection.
