LRB-2366/1
BF:kmg&jrd:aj
1995 - 1996 LEGISLATURE
February 23, 1996 - Introduced by Representatives Handrick, Kaufert,
Brandemuehl, Dobyns, Foti, Ladwig, Musser, Olsen and Owens, cosponsored
by Senators Andrea, A. Lasee, Petak and
Zien. Referred to Committee on
Criminal Justice and Corrections.
AB937,1,11
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) and (d), 967.02 (1m), 973.015, 973.016 and 973.017 of the statutes;
relat
9ing to: providing a penalty of either death or life imprisonment for first-degree
10intentional homicide, affecting parole eligibility and granting rule-making au
11thority.
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 (without
parole eligibility) for first-degree intentional homicide committed by a person 16
years old or older.
The procedure for determining whether or not the death penalty would be im
posed is the subject of a proceeding separate from the regular trial. After a conviction
finding that the homicide 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 de
fendant 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 of either life imprisonment or death to the court. 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 must sentence the person to life imprisonment without the pos
sibility of parole. 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 su
preme court.
The court that imposes the death sentence sets the execution date. The secre
tary of corrections designates the executioner. One physician and 12 citizen wit
nesses 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:
AB937, s. 1
1Section
1. 161.335 (1) of the statutes is amended to read:
AB937,2,122
161.335
(1) Upon Except as provided in sub. (1m), upon application
, the con
3trolled substances board may issue a permit authorizing a person to manufacture,
4obtain, possess, use, administer or dispense a controlled substance for purposes of
5scientific research, instructional activities, chemical analysis or other special uses,
6without restriction because of enumeration. No person
shall may engage in any such
7activity without a permit issued under this section, except that an individual may
8be designated and authorized to receive the permit for a college or university depart
9ment, research unit or similar administrative organizational unit and students, lab
10oratory technicians, research specialists or chemical analysts under his or her super
11vision may be permitted possession and use of controlled substances for these
12purposes without obtaining an individual permit.
AB937, s. 2
13Section
2. 161.335 (1m) of the statutes is created to read:
AB937,3,3
1161.335
(1m) Upon the application of the secretary of corrections for a permit
2to obtain a controlled substance for purposes of an execution under s. 973.017, the
3controlled substances board shall issue a permit under this section.
AB937, s. 3
4Section
3. 301.046 (3) (cm) of the statutes is created to read:
AB937,3,55
301.046
(3) (cm) The prisoner is not awaiting imposition of a death sentence.
AB937, s. 4
6Section
4. 301.048 (2) (b) of the statutes is amended to read:
AB937,3,97
301.048
(2) (b) He or she is a prisoner serving a
felony sentence
for a felony not
8punishable by
death or life imprisonment and the department directs him or her to
9participate in the program.
AB937, s. 5
10Section
5. 302.11 (1m) of the statutes is amended to read:
AB937,3,1411
302.11
(1m) An inmate serving a life term is not entitled to mandatory release.
12Except as provided in ss.
304.06 (1t), 939.62 (2m) and 973.014, the parole commission
13may parole the inmate as specified in s. 304.06 (1).
An inmate awaiting imposition
14of a death sentence is not eligible for parole.
AB937, s. 6
15Section
6. 303.065 (1) of the statutes is amended to read:
AB937,3,2116
303.065
(1) The department may grant work release privileges to any person
17incarcerated within the state prisons, except that no person serving a life sentence
18may be considered for work release until he or she has reached parole eligibility un
19der s. 304.06 (1) (b)
or (1t) or 973.014, whichever is applicable, and no person serving
20a life sentence under s. 939.62 (2m)
or awaiting imposition of a death sentence may
21be considered for work release.
AB937, s. 7
22Section
7. 304.02 (5) of the statutes is amended to read:
AB937,3,2523
304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sen
24tence under s. 939.62 (2m)
or awaiting imposition of a death sentence is not eligible
25for release to parole supervision under this section.
AB937, s. 8
1Section
8. 304.06 (1) (b) of the statutes is amended to read:
AB937,4,172
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
3973.0135, the parole commission may parole an inmate of the Wisconsin state pris
4ons or any felon or any person serving at least one year or more in a county house of
5correction or a county reforestation camp organized under s. 303.07, when he or she
6has served 25% of the sentence imposed for the offense, or 6 months, whichever is
7greater. Except as provided in
sub. (1t) or s. 939.62 (2m) or 973.014, the parole com
8mission may parole an inmate serving a life term when he or she has served 20 years,
9as modified by the formula under s. 302.11 (1) and subject to extension using the for
10mulas under s. 302.11 (2). The person serving the life term shall be given credit for
11time served prior to sentencing under s. 973.155, including good time under s.
12973.155 (4). The secretary may grant special action parole releases under s. 304.02.
13The department or the parole commission shall not provide any convicted offender
14or other person sentenced to the department's custody any parole eligibility or evalu
15ation until the person has been confined at least 60 days following sentencing.
The
16parole commission may not parole an inmate who is awaiting imposition of a death
17sentence.
AB937, s. 9
18Section
9. 304.06 (1t) of the statutes is created to read:
AB937,4,2019
304.06
(1t) If the prisoner is serving a life term imposed under s. 973.015, the
20prisoner is not eligible for parole.
AB937, s. 10
21Section
10. 304.071 (2) of the statutes is amended to read:
AB937,4,2422
304.071
(2) If a prisoner is not eligible for parole under s. 161.49 (2),
304.06 (1)
23(b) or (1t), 939.62 (2m) or 973.032 (5), he or she is not eligible for parole under this
24section.
AB937, s. 11
25Section
11. 939.22 (7) of the statutes is created to read:
AB937,5,2
1939.22
(7) "Crime punishable by death or life imprisonment" means a crime for
2which one or more of the possible penalties is death or life imprisonment.
AB937, s. 12
3Section
12. 939.30 (2) of the statutes is amended to read:
AB937,5,64
939.30
(2) For a solicitation to commit a crime
for which the penalty is punish
5able by death or life imprisonment, the actor is guilty of a Class C felony. For a soli
6citation to commit a Class E felony, the actor is guilty of a Class E felony.
AB937, s. 13
7Section
13. 939.31 of the statutes is amended to read:
AB937,5,14
8939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and
9940.45 (4), whoever, with intent that a crime be committed, agrees or combines with
10another for the purpose of committing that crime may, if one or more of the parties
11to the conspiracy does an act to effect its object, be fined or imprisoned or both not
12to exceed the maximum provided for the completed crime; except that for a conspira
13cy to commit a crime
for which the penalty is punishable by death or life imprison
14ment, the actor is guilty of a Class B felony.
AB937, s. 14
15Section
14. 939.32 (1) (a) of the statutes is amended to read:
AB937,5,1716
939.32
(1) (a) Whoever attempts to commit a crime
for which the penalty is pun
17ishable by death or life imprisonment is guilty of a Class B felony.
AB937, s. 15
18Section
15. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
AB937, s. 16
19Section
16. 939.50 (1) (ag) of the statutes is created to read:
AB937,5,2020
939.50
(1) (ag) Class AA felony.
AB937, s. 17
21Section
17. 939.50 (2) of the statutes is amended to read:
AB937,5,2322
939.50
(2) A felony is a Class
AA, A, B, C, D or E felony when it is so specified
23in chs. 939 to 951.
AB937, s. 18
24Section
18. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
AB937, s. 19
25Section
19. 939.50 (3) (ag) of the statutes is created to read: