AB298,14,1413 (c) The Class AA felony was committed for the purpose of avoiding or
14preventing a lawful arrest or effecting an escape from custody.
AB298,14,1515 (d) The defendant knowingly created a great risk to many persons.
AB298,14,1716 (e) The Class AA felony was committed to disrupt or hinder the lawful exercise
17of any governmental function or the enforcement of laws.
AB298,14,1918 (f) The defendant intentionally caused bodily harm or mental anguish to the
19victim or another before the victim died.
AB298,14,2120 (g) During the commission of the offense, the defendant enjoyed or was utterly
21indifferent to the suffering of another.
AB298,14,2322 (h) The Class AA felony was committed in a cold, calculated and premeditated
23manner without any pretense of moral or legal justification.
AB298,14,2424 (i) The defendant's attitude or behavior shows a lack of remorse.
AB298,15,4
1(6) The court and jury shall consider as a mitigating factor any aspect of the
2defendant's character, background or record or any of the circumstances of the
3offense that the defendant offers as a basis for a sentence other than death.
4Mitigating circumstances may include, but are not limited to, any of the following:
AB298,15,55 (a) The defendant has no significant history of prior criminal activity.
AB298,15,76 (b) The Class AA felony was committed while the defendant was under the
7influence of extreme mental or emotional disturbance.
AB298,15,98 (c) The defendant was an accomplice in the Class AA felony committed by
9another person and the defendant's participation was relatively minor.
AB298,15,1110 (d) The defendant acted under extreme duress or under the substantial
11domination of another person.
AB298,15,1412 (e) The capacity of the defendant to appreciate the criminality of his or her
13conduct or to conform his or her conduct to the requirements of law was substantially
14impaired.
AB298,15,1615 (f) The age of the defendant impaired his or her judgment at the time of the
16crime.
AB298,15,1817 (g) The defendant cooperated with authorities in apprehending or prosecuting
18other participants in the Class AA felony.
AB298,15,1919 (h) The attitude or behavior of the defendant shows remorse.
AB298,15,22 20(7) The court that imposes a sentence of death shall set the date for execution.
21The defendant shall be committed to the Wisconsin state prisons pending the
22execution of the death sentence.
AB298,15,23 23(8) The execution of a death sentence shall be by lethal injection.
AB298, s. 37 24Section 37. 973.016 of the statutes is created to read:
AB298,16,2
1973.016 Stay of execution of death sentence. The execution of a death
2sentence may be stayed only by the governor or incident to an appeal.
AB298, s. 38 3Section 38. 973.017 of the statutes is created to read:
AB298,16,15 4973.017 Execution of death sentence. The secretary of corrections shall
5designate the executioner who shall provide a person subject to a death sentence with
6an intravenous injection of one or more substances in a lethal quantity. The
7executioner must be a physician or acting under the direction of a physician. A
8person is immune from civil or criminal liability for his or her acts or omissions, in
9good faith, in regard to a lawful execution under this section. The secretary shall
10designate 12 citizens to witness the execution. The secretary shall direct a physician
11to be present and to announce when death has occurred. The convicted person may
12request that certain additional people be allowed to witness the execution. The
13secretary shall grant any such reasonable request. The secretary may allow
14representatives of the news media to witness the execution under rules of the
15department. No other persons may be allowed to witness the execution.
AB298, s. 39 16Section 39. 973.032 (2) (b) of the statutes is amended to read:
AB298,16,1917 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence a person
18under sub. (1) if he or she is convicted of a felony punishable by death or life
19imprisonment.
AB298, s. 40 20Section 40. 973.09 (1) (c) of the statutes is amended to read:
AB298,16,2221 973.09 (1) (c) When a person is convicted of any crime which that is punishable
22by death or life imprisonment, the court shall not place the person on probation.
AB298, s. 41 23Section 41. 978.07 (1) (c) 1. of the statutes is amended to read:
AB298,17,324 978.07 (1) (c) 1. Any case record of a felony punishable by death or life
25imprisonment or a related case, after the defendant's parole eligibility date under s.

1304.06 (1) or 973.014 or 50 years after the commencement of the action, whichever
2occurs later. If there is no parole eligibility date, the district attorney may destroy
3the case record after the defendant's death.
AB298, s. 42 4Section 42. Initial applicability.
AB298,17,6 5(1)  This act first applies to offenses committed on the effective date of this
6subsection.
AB298,17,77 (End)
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