AB298-ASA1,13,108
(c) Upon the request of the defendant or the state, the court shall explain to the
9jury the court's options under sub. (3) (b) to sentence the defendant to life without
10the possibility of parole or with delayed parole eligibility.
AB298-ASA1,13,15
11(3) (a) Notwithstanding the recommendation of a majority of the jury, the court,
12after weighing the aggravating and mitigating circumstances, shall enter a sentence
13of life imprisonment or death, but if the court imposes a sentence of death, it shall
14set forth in writing its findings upon which the sentence of death is based as to the
15facts:
AB298-ASA1,13,1616
1. That sufficient aggravating circumstances exist under sub. (5); and
AB298-ASA1,13,1817
2. That there are insufficient mitigating circumstances under sub. (6) to
18outweigh the aggravating circumstances.
AB298-ASA1,13,2519
(b) In each case in which the court imposes the death sentence, the court must
20support its determination by specific written findings of fact based upon the
21circumstances in subs. (5) and (6) and upon the records of the trial and the sentencing
22proceedings. If the court does not make the findings requiring the death sentence,
23the court shall impose sentence of life imprisonment. If the court imposes life
24imprisonment, it may provide that the sentence is without the possibility of parole
25or choose any option under s. 973.014 (1).
AB298-ASA1,14,6
1(4) If a death sentence is imposed, the judgment of conviction and sentence of
2death is subject to automatic review by the supreme court within 60 days after
3certification by the sentencing court of the entire record, unless the supreme court,
4for good cause shown, extends the time for an additional period not to exceed 30 days.
5The review by the supreme court has priority over all other cases and shall be heard
6in accordance with rules promulgated by the supreme court.
AB298-ASA1,14,8
7(5) The court and jury shall consider one or more of the following as
8aggravating circumstances:
AB298-ASA1,14,109
(a) The Class AA felony was committed by a person under a sentence of
10imprisonment.
AB298-ASA1,14,1111
(b) The defendant knowingly created a great risk of death to many persons.
AB298-ASA1,14,1312
(c) The Class AA felony was committed for the purpose of avoiding or
13preventing a lawful arrest or effecting an escape from custody.
AB298-ASA1,14,1514
(d) The Class AA felony was committed to disrupt or hinder the lawful exercise
15of any governmental function or the enforcement of laws.
AB298-ASA1,14,1716
(e) The defendant intentionally caused bodily harm or mental anguish to the
17victim or another before the victim died.
AB298-ASA1,14,1918
(f) During the commission of the offense, the defendant enjoyed or was utterly
19indifferent to the suffering of another.
AB298-ASA1,14,23
20(6) The court and jury shall consider as a mitigating factor any aspect of the
21defendant's character, background or record or any of the circumstances of the
22offense that the defendant offers as a basis for a sentence other than death.
23Mitigating circumstances may include, but are not limited to, any of the following:
AB298-ASA1,14,2424
(a) The defendant has no significant history of prior criminal activity.
AB298-ASA1,15,2
1(b) The Class AA felony was committed while the defendant was under the
2influence of extreme mental or emotional disturbance.
AB298-ASA1,15,43
(c) The victim was a participant in the defendant's conduct or consented to the
4act.
AB298-ASA1,15,65
(d) The defendant was an accomplice in the Class AA felony committed by
6another person and the defendant's participation was relatively minor.
AB298-ASA1,15,87
(e) The defendant acted under extreme duress or under the substantial
8domination of another person.
AB298-ASA1,15,119
(f) The capacity of the defendant to appreciate the criminality of his or her
10conduct or to conform his or her conduct to the requirements of law was substantially
11impaired.
AB298-ASA1,15,1212
(g) The age of the defendant at the time of the crime.
AB298-ASA1,15,15
13(7) The court that imposes a sentence of death shall set the date for execution.
14The defendant shall be committed to the Wisconsin state prisons pending the
15execution of the death sentence.
AB298-ASA1,15,16
16(8) The execution of a death sentence shall be by lethal injection.
AB298-ASA1,15,19
18973.016 Stay of execution of death sentence. The execution of a death
19sentence may be stayed only by the governor or incident to an appeal.
AB298-ASA1,16,7
21973.017 Execution of death sentence. The secretary of corrections shall
22designate the executioner who shall provide a person subject to a death sentence with
23an intravenous injection of one or more substances in a lethal quantity. The
24executioner must be a physician or acting under the direction of a physician. A
25person is immune from civil or criminal liability for his or her acts or omissions, in
1good faith, in regard to a lawful execution under this section. The secretary shall
2designate 12 citizens to witness the execution. The secretary shall direct a physician
3to be present and to announce when death has occurred. The convicted person may
4request that certain additional people be allowed to witness the execution. The
5secretary shall grant any such reasonable request. The secretary may allow
6representatives of the news media to witness the execution under rules of the
7department. No other persons may be allowed to witness the execution.
AB298-ASA1,16,119
973.032
(2) (b) Notwithstanding par. (a), the court may not sentence a person
10under sub. (1) if he or she is convicted of a felony punishable by
death or life
11imprisonment.
AB298-ASA1,16,1413
973.09
(1) (c) When a person is convicted of any crime
which that is punishable
14by
death or life imprisonment, the court shall not place the person on probation.
AB298-ASA1, s. 42
15Section
42. 978.07 (1) (c) 1. of the statutes is amended to read:
AB298-ASA1,16,2016
978.07
(1) (c) 1. Any case record of a felony punishable by
death or life
17imprisonment or a related case, after the defendant's parole eligibility date under s.
18304.06 (1) or 973.014 or 50 years after the commencement of the action, whichever
19occurs later. If there is no parole eligibility date, the district attorney may destroy
20the case record after the defendant's death.
AB298-ASA1,16,23
22(1) This act first applies to offenses committed on the effective date of this
23subsection.
AB298-ASA1, s. 44
24Section
44.
Effective dates. This act takes effect on the day after
25publication, except as follows:
AB298-ASA1,17,2
1(1)
The repeal and recreation of section 304.06 (1) (b) of the statutes takes effect
2on July 1, 1996, or on the day after publication, whichever is later.