LRB-2049/1
BF:kmg&jrd:jlb
1995 - 1996 LEGISLATURE
April 8, 1995 - Introduced by Representatives Kaufert, Kreibich, Musser,
Handrick, Owens, Nass, Brandemuehl, Dobyns, Olsen and Silbaugh,
cosponsored by Senators A. Lasee, Farrow, Andrea, Petak and Zien. Referred
to Committee on Criminal Justice and Corrections.
AB298,1,11
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.; and
to create 161.335 (1m), 301.046 (3)
7(cm), 304.06 (1t), 939.22 (7), 939.50 (1) (ag), 939.50 (3) (ag), 940.01 (1) (b), 940.01
8(1) (c), 940.01 (1) (d), 967.02 (1m), 973.015, 973.016 and 973.017 of the statutes;
9relating to: providing a penalty of either death or life imprisonment for certain
10kinds of first-degree intentional homicide, affecting parole eligibility and
11granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, no state crime is punishable by the death penalty. This bill
provides for either a death penalty (by lethal injection) or life imprisonment (with or
without parole eligibility restrictions) for 5 different kinds of first-degree intentional
homicide committed by a person who is 16 years old or older: 1) homicide of a child
under the age of 14 years; 2) homicide of a fire fighter, peace officer or corrections
employe; 3) homicide for hire; 4) serial or multiple homicide; or 5) homicide in
connection with a kidnapping or sexual assault. Other kinds of first-degree
homicide remain punishable by life imprisonment.
A determination of whether or not the death penalty will be imposed is the
subject of a proceeding separate from the regular trial. After a conviction finding
that one of the 5 types of homicide has occurred, the court reconvenes the trial jury,
or, if there was no jury trial or the trial jury is unable to continue, a new jury is
summoned. The defendant may waive the right to a jury. Evidence is then presented
regarding various aggravating or mitigating circumstances relating to the crime and
the defendant.
If the jury is not waived, the jury hears the evidence, and then gives an advisory
sentence, to the court, of either life imprisonment or death. If the jury recommends
life imprisonment, it may further recommend a complete or substantial restriction
of the defendant's parole eligibility. The court, not bound by the advisory sentence,
then weighs the aggravating and mitigating circumstances and enters the sentence
of either life imprisonment or death. If life imprisonment is imposed, the court may
completely or substantially restrict the defendant's parole eligibility. If the court
chooses the death sentence it must set forth its findings in writing. Any death
sentence is subject to automatic appellate review by the supreme court.
The court that imposes the death sentence sets the execution date. The
secretary of corrections designates the executioner. One physician and 12 citizen
witnesses must be present at the execution.
This bill applies only to those offenses committed on or after its effective date
(the day after publication).
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:
AB298, s. 1
1Section
1. 161.335 (1) of the statutes is amended to read:
AB298,3,22
161.335
(1) Upon Except as provided in sub. (1m), upon application
, the
3controlled substances board may issue a permit authorizing a person to
4manufacture, obtain, possess, use, administer or dispense a controlled substance for
5purposes of scientific research, instructional activities, chemical analysis or other
6special uses, without restriction because of enumeration. No person
shall may 7engage in any such activity without a permit issued under this section, except that
8an individual may be designated and authorized to receive the permit for a college
9or university department, research unit or similar administrative organizational
10unit and students, laboratory technicians, research specialists or chemical analysts
1under his or her supervision may be permitted possession and use of controlled
2substances for these purposes without obtaining an individual permit.
AB298, s. 2
3Section
2. 161.335 (1m) of the statutes is created to read:
AB298,3,64
161.335
(1m) Upon the application of the secretary of corrections for a permit
5to obtain a controlled substance for purposes of an execution under s. 973.017, the
6controlled substances board shall issue a permit under this section.
AB298, s. 3
7Section
3. 301.046 (3) (cm) of the statutes is created to read:
AB298,3,88
301.046
(3) (cm) The prisoner is not awaiting imposition of a death sentence.
AB298, s. 4
9Section
4. 301.048 (2) (b) of the statutes is amended to read:
AB298,3,1210
301.048
(2) (b) He or she is a prisoner serving a
felony sentence
for a felony not
11punishable by
death or life imprisonment and the department directs him or her to
12participate in the program.
AB298, s. 5
13Section
5. 302.11 (1m) of the statutes is amended to read:
AB298,3,1714
302.11
(1m) An inmate serving a life term is not entitled to mandatory release.
15Except as provided in ss.
304.06 (1t), 939.62 (2m) and 973.014, the parole commission
16may parole the inmate as specified in s. 304.06 (1).
An inmate awaiting imposition
17of a death sentence is not eligible for parole.
AB298, s. 6
18Section
6. 303.065 (1) of the statutes is amended to read:
AB298,3,2419
303.065
(1) The department may grant work release privileges to any person
20incarcerated within the state prisons, except that no person serving a life sentence
21may be considered for work release until he or she has reached parole eligibility
22under s. 304.06 (1) (b)
or (1t) or 973.014, whichever is applicable, and no person
23serving a life sentence under s. 939.62 (2m)
or awaiting imposition of a death
24sentence may be considered for work release.
AB298, s. 7
25Section
7. 304.02 (5) of the statutes is amended to read:
AB298,4,3
1304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
2sentence under s. 939.62 (2m)
or awaiting imposition of a death sentence is not
3eligible for release to parole supervision under this section.
AB298, s. 8
4Section
8. 304.06 (1) (b) of the statutes is amended to read:
AB298,4,205
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
6973.0135, the parole commission may parole an inmate of the Wisconsin state
7prisons or any felon or any person serving at least one year or more in a county house
8of correction or a county reforestation camp organized under s. 303.07, when he or
9she has served 25% of the sentence imposed for the offense, or 6 months, whichever
10is greater. Except as provided in
sub. (1t) or s. 939.62 (2m) or 973.014, the parole
11commission may parole an inmate serving a life term when he or she has served 20
12years, as modified by the formula under s. 302.11 (1) and subject to extension using
13the formulas under s. 302.11 (2). The person serving the life term shall be given
14credit for time served prior to sentencing under s. 973.155, including good time under
15s. 973.155 (4). The secretary may grant special action parole releases under s.
16304.02. The department or the parole commission shall not provide any convicted
17offender or other person sentenced to the department's custody any parole eligibility
18or evaluation until the person has been confined at least 60 days following
19sentencing.
The parole commission may not parole an inmate who is awaiting
20imposition of a death sentence.
AB298, s. 9
21Section
9. 304.06 (1t) of the statutes is created to read:
AB298,4,2422
304.06
(1t) If the prisoner is serving a life term imposed under s. 973.015, the
23prisoner is eligible for parole only when authorized by the sentencing court under s.
24973.015 (3) (b).
AB298, s. 10
25Section
10. 304.071 (2) of the statutes is amended to read:
AB298,5,3
1304.071
(2) If a prisoner is not eligible for parole under s. 161.49 (2),
304.06 (1)
2(b) or (1t), 939.62 (2m) or 973.032 (5), he or she is not eligible for parole under this
3section.
AB298, s. 11
4Section
11. 939.22 (7) of the statutes is created to read:
AB298,5,65
939.22
(7) "Crime punishable by death or life imprisonment" means a crime for
6which one or more of the possible penalties is death or life imprisonment.
AB298, s. 12
7Section
12. 939.30 (2) of the statutes is amended to read:
AB298,5,108
939.30
(2) For a solicitation to commit a crime
for which the penalty is 9punishable by death or life imprisonment, the actor is guilty of a Class C felony. For
10a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.
AB298, s. 13
11Section
13. 939.31 of the statutes is amended to read:
AB298,5,18
12939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and
13940.45 (4), whoever, with intent that a crime be committed, agrees or combines with
14another for the purpose of committing that crime may, if one or more of the parties
15to the conspiracy does an act to effect its object, be fined or imprisoned or both not
16to exceed the maximum provided for the completed crime; except that for a
17conspiracy to commit a crime
for which the penalty is
punishable by death or life
18imprisonment, the actor is guilty of a Class B felony.
AB298, s. 14
19Section
14. 939.32 (1) (a) of the statutes is amended to read:
AB298,5,2120
939.32
(1) (a) Whoever attempts to commit a crime
for which the penalty is 21punishable by death or life imprisonment is guilty of a Class B felony.
AB298, s. 15
22Section
15. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
AB298, s. 16
23Section
16. 939.50 (1) (ag) of the statutes is created to read:
AB298,5,2424
939.50
(1) (ag) Class AA felony.
AB298, s. 17
25Section
17. 939.50 (2) of the statutes is amended to read:
AB298,6,2
1939.50
(2) A felony is a Class
AA, A, B, C, D or E felony when it is so specified
2in chs. 939 to 951.
AB298, s. 18
3Section
18. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
AB298, s. 19
4Section
19. 939.50 (3) (ag) of the statutes is created to read:
AB298,6,65
939.50
(3) (ag) For a Class AA felony, life imprisonment or death, as determined
6under s. 973.015.
AB298, s. 20
7Section
20. 939.60 of the statutes is amended to read:
AB298,6,10
8939.60 Felony and misdemeanor defined. A crime punishable by
death or 9imprisonment in the Wisconsin state prisons is a felony. Every other crime is a
10misdemeanor.
AB298, s. 21
11Section
21. 939.624 (2) of the statutes is amended to read:
AB298,6,1712
939.624
(2) If a person has one or more prior convictions for a serious violent
13crime or a crime punishable by
death or life imprisonment and subsequently
14commits a serious violent crime, the court shall sentence the person to not less than
155 years' imprisonment, but otherwise the penalties for the crime apply, subject to any
16applicable penalty enhancement. The court shall not place the defendant on
17probation.
AB298, s. 22
18Section
22. 939.625 (1) (b) 2. of the statutes is amended to read:
AB298,6,2119
939.625
(1) (b) 2. If the maximum term of imprisonment for a felony is more
20than 5 years or is a life term
or the felony is punishable by death, the maximum term
21of imprisonment for the felony may be increased by not more than 5 years.
AB298, s. 23
22Section
23. 939.63 (1) (a) 2. of the statutes is amended to read:
AB298,6,2523
939.63
(1) (a) 2. If the maximum term of imprisonment for a felony is more than
245 years or is a life term
or the felony is punishable by death, the maximum term of
25imprisonment for the felony may be increased by not more than 5 years.
AB298, s. 24
1Section
24. 940.01 (1) of the statutes is renumbered 940.01 (1) (a) and
2amended to read:
AB298,7,53
940.01
(1) (a) Except as provided in
par. (b) and sub. (2), whoever causes the
4death of another human being with intent to kill that person or another is guilty of
5a Class A felony.
AB298, s. 25
6Section
25. 940.01 (1) (b) of the statutes is created to read:
AB298,7,107
940.01
(1) (b) Except as provided in pars. (c) and (d) and sub. (2), whoever
8causes the death of another human being with intent to kill that person or another
9is guilty of a Class AA felony if the offense involves any of the following courses of
10conduct:
AB298,7,1111
1. Homicide of a person who has not attained the age of 14 years.
AB298,7,1312
2. Homicide of any fire fighter, as defined in s. 102.475 (8) (b), peace officer or
13corrections employe, acting in the line of duty.
AB298,7,1514
3. Homicide committed for pecuniary gain by a person after being hired by any
15other person.