LRBs0464/1
JEO:skg&mkd:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 298
February 15, 1996 - Offered by Representative Kaufert.
AB298-ASA1,1,12
1An Act to renumber 939.50 (1) (a), 939.50 (3) (a) and 973.015;
to renumber and
2amend 940.01 (1);
to amend 161.335 (1), 301.048 (2) (b), 302.11 (1m), 303.065
3(1), 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.30 (2), 939.31, 939.32 (1) (a),
4939.50 (2), 939.60, 939.624 (2), 939.625 (1) (b) 2., 939.63 (1) (a) 2., 971.17 (1),
5972.03, 972.13 (6), 973.013 (1) (b), 973.0135 (3), 973.014 (1) (intro.), 973.032 (2)
6(b), 973.09 (1) (c) and 978.07 (1) (c) 1.;
to repeal and recreate 304.06 (1) (b);
7and
to create 161.335 (1m), 301.046 (3) (cm), 304.06 (1t), 939.22 (7), 939.50 (1)
8(ag), 939.50 (3) (ag), 940.01 (1) (b), 940.01 (1) (c), 940.01 (1) (d), 967.02 (1m),
9973.015, 973.016 and 973.017 of the statutes;
relating to: providing a penalty
10of either death or life imprisonment for the first-degree intentional homicide
11of a child younger than 16 years old, affecting parole eligibility and granting
12rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB298-ASA1,2,11
1161.335
(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 may 6engage in any such activity without a permit issued under this section, except that
7an individual may be designated and authorized to receive the permit for a college
8or university department, research unit or similar administrative organizational
9unit and 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.
AB298-ASA1,2,1513
161.335
(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.
AB298-ASA1, s. 3
16Section
3. 301.046 (3) (cm) of the statutes is created to read:
AB298-ASA1,2,1717
301.046
(3) (cm) The prisoner is not awaiting imposition of a death sentence.
AB298-ASA1, s. 4
18Section
4. 301.048 (2) (b) of the statutes is amended to read:
AB298-ASA1,2,2119
301.048
(2) (b) He or she is a prisoner serving a
felony sentence
for a felony not
20punishable by
death or life imprisonment and the department directs him or her to
21participate in the program.
AB298-ASA1,3,223
302.11
(1m) An inmate serving a life term is not entitled to mandatory release.
24Except as provided in ss.
304.06 (1t), 939.62 (2m) and 973.014, the parole commission
1may parole the inmate as specified in s. 304.06 (1).
An inmate awaiting imposition
2of a death sentence is not eligible for parole.
AB298-ASA1,3,105
303.065
(1) The department may grant work release privileges to any person
6incarcerated within the state prisons, except that no person serving a life sentence
7may be considered for work release until he or she has reached parole eligibility
8under s. 304.06 (1) (b)
or (1t) or 973.014 (1) (a) or (b), whichever is applicable, and no
9person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c)
or awaiting
10imposition of a death sentence may be considered for work release.
AB298-ASA1,3,1513
304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
14sentence under s. 939.62 (2m) or 973.014 (1) (c)
or awaiting imposition of a death
15sentence is not eligible for release to parole supervision under this section.
AB298-ASA1,4,818
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
19973.0135, the parole commission may parole an inmate of the Wisconsin state
20prisons or any felon or any person serving at least one year or more in a county house
21of correction or a county reforestation camp organized under s. 303.07, when he or
22she has served 25% of the sentence imposed for the offense, or 6 months, whichever
23is greater. Except as provided in
sub. (1t) or s. 939.62 (2m) or 973.014, the parole
24commission may parole an inmate serving a life term when he or she has served 20
25years, as modified by the formula under s. 302.11 (1) and subject to extension using
1the formulas under s. 302.11 (2). The person serving the life term shall be given
2credit for time served prior to sentencing under s. 973.155, including good time under
3s. 973.155 (4). The secretary may grant special action parole releases under s.
4304.02. The department or the parole commission shall not provide any convicted
5offender or other person sentenced to the department's custody any parole eligibility
6or evaluation until the person has been confined at least 60 days following
7sentencing.
The parole commission may not parole an inmate who is awaiting
8imposition of a death sentence.
AB298-ASA1, s. 9
9Section
9. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Acts 77
10and .... (this act), is repealed and recreated to read:
AB298-ASA1,5,311
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
12973.0135, the parole commission may parole an inmate of the Wisconsin state
13prisons or any felon or any person serving at least one year or more in a county house
14of correction or a county reforestation camp organized under s. 303.07, when he or
15she has served 25% of the sentence imposed for the offense, or 6 months, whichever
16is greater. The parole commission may parole a participant in the serious juvenile
17offender program under s. 938.538 when he or she has participated in that program
18for 2 years. Except as provided in sub. (1t) or s. 939.62 (2m) or 973.014, the parole
19commission may parole an inmate serving a life term when he or she has served 20
20years, as modified by the formula under s. 302.11 (1) and subject to extension using
21the formulas under s. 302.11 (2). The person serving the life term shall be given
22credit for time served prior to sentencing under s. 973.155, including good time under
23s. 973.155 (4). The secretary may grant special action parole releases under s.
24304.02. The department or the parole commission shall not provide any convicted
25offender or other person sentenced to the department's custody any parole eligibility
1or evaluation until the person has been confined at least 60 days following
2sentencing. The parole commission may not parole an inmate who is awaiting
3imposition of a death sentence.
AB298-ASA1,5,75
304.06
(1t) If the prisoner is serving a life term imposed under s. 973.015, the
6prisoner is eligible for parole only when authorized by the sentencing court under s.
7973.015 (3) (b).
AB298-ASA1,5,1210
304.071
(2) If a prisoner is not eligible for parole under s. 161.49 (2),
304.06 (1)
11(b) or (1t), 939.62 (2m), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole
12under this section.
AB298-ASA1,5,1514
939.22
(7) "Crime punishable by death or life imprisonment" means a crime for
15which one or more of the possible penalties is death or life imprisonment.
AB298-ASA1,5,1917
939.30
(2) For a solicitation to commit a crime
for which the penalty is 18punishable by death or life imprisonment, the actor is guilty of a Class C felony. For
19a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.
AB298-ASA1,6,2
21939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and
22940.45 (4), whoever, with intent that a crime be committed, agrees or combines with
23another for the purpose of committing that crime may, if one or more of the parties
24to the conspiracy does an act to effect its object, be fined or imprisoned or both not
25to exceed the maximum provided for the completed crime; except that for a
1conspiracy to commit a crime
for which the penalty is punishable by death or life
2imprisonment, the actor is guilty of a Class B felony.
AB298-ASA1,6,54
939.32
(1) (a) Whoever attempts to commit a crime
for which the penalty is 5punishable by death or life imprisonment is guilty of a Class B felony.
AB298-ASA1, s. 16
6Section
16. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
AB298-ASA1,6,88
939.50
(1) (ag) Class AA felony.
AB298-ASA1,6,1211
939.50
(2) A felony is a Class
AA, A, B, BC, C, D or E felony when it is so specified
12in chs. 939 to 951.
AB298-ASA1, s. 19
13Section
19. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
AB298-ASA1,6,1615
939.50
(3) (ag) For a Class AA felony, life imprisonment or death, as determined
16under s. 973.015.
AB298-ASA1,6,20
18939.60 Felony and misdemeanor defined. A crime punishable by
death or 19imprisonment in the Wisconsin state prisons is a felony. Every other crime is a
20misdemeanor.
AB298-ASA1,7,222
939.624
(2) If a person has one or more prior convictions for a serious violent
23crime or a crime punishable by
death or life imprisonment and subsequently
24commits a serious violent crime, the court shall sentence the person to not less than
255 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.
AB298-ASA1, s. 23
3Section
23. 939.625 (1) (b) 2. of the statutes is amended to read:
AB298-ASA1,7,64
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.
AB298-ASA1,7,108
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.
AB298-ASA1, s. 25
11Section
25. 940.01 (1) of the statutes is renumbered 940.01 (1) (a) and
12amended to read:
AB298-ASA1,7,1513
940.01
(1) (a) Except as provided in
par. (b) and sub. (2), whoever causes the
14death of another human being with intent to kill that person or another is guilty of
15a Class A felony.
AB298-ASA1,7,1917
940.01
(1) (b) Except as provided in pars. (c) and (d) and sub. (2), whoever
18causes the death of another human being with intent to kill that person or another
19is guilty of a Class AA felony if the victim has not attained the age of 16 years.
AB298-ASA1,7,2221
940.01
(1) (c) Notwithstanding s. 939.05, a person is subject to par. (b) as a party
22to a crime only if that person had intended that a person be killed.
