SB1: Bill Text

LRB-0270/1

BF:jrd:kaf

1995 - 1996 LEGISLATURE

1995 Senate BILL 1

January 4, 1995 - Introduced by Senators Lasee, Zien, Huelsman, Drzewiecki, Cowles and Buettner, cosponsored by Representatives Kaufert, Ladwig, Underheim, Foti, Dobyns, Musser, Vander Loop, Owens, Kreibich, Brandemuehl, Vrakas, Ainsworth and Ott. Referred to Committee on Judiciary.

SB1,1,11 An Act to renumber 939.50 (1) (a), 939.50 (3) (a) and 973.015; to renumber and amend 940.01 (1); to amend 161.335 (1), 301.048 (2) (b), 302.11 (1m), 303.065 (1), 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.30 (2), 939.31, 939.32 (1) (a), 939.50 (2), 939.60, 939.624 (2), 939.625 (1) (b) 2., 939.63 (1) (a) 2., 971.17 (1), 972.03, 972.13 (6), 973.013 (1) (b), 973.0135 (3), 973.014 (1) (intro.), 973.032 (2) (b), 973.09 (1) (c) and 978.07 (1) (c) 1.; and to create 161.335 (1m), 301.046 (3) (cm), 304.06 (1t), 939.22 (7), 939.50 (1) (ag), 939.50 (3) (ag), 940.01 (1) (b), 940.01 (1) (c), 940.01 (1) (d), 967.02 (1m), 973.015, 973.016 and 973.017 of the statutes; relating to: providing a penalty of either death or life imprisonment for the first-degree intentional homicide of a child younger than 16 years old, affecting parole eligibility and granting 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 any first-degree intentional homicide committed by a person who is 16 years old or older against a child who is younger than 16 years old. Other first-degree homicides remain punishable by life imprisonment.

The procedure for determining whether or not the death penalty would be imposed is the subject of a proceeding that is separate from the regular trial. After a conviction finding that a first-degree homicide of a child younger than 16 years old had 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.

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:

SB1, s. 1 Section 1. 161.335 (1) of the statutes is amended to read:

SB1,3,2 161.335 (1) Upon Except as provided in sub. (1m), upon application, the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis or other special uses, without restriction because of enumeration. No person shall may engage in any such activity without a permit issued under this section, except that an individual may be designated and authorized to receive the permit for a college or university department, research unit or similar administrative organizational unit and students, laboratory technicians, research specialists or chemical analysts under his or her supervision may be permitted possession and use of controlled substances for these purposes without obtaining an individual permit.

SB1, s. 2 Section 2. 161.335 (1m) of the statutes is created to read:

SB1,3,6 161.335 (1m) Upon the application of the secretary of corrections for a permit to obtain a controlled substance for purposes of an execution under s. 973.017, the controlled substances board shall issue a permit under this section.

SB1, s. 3 Section 3. 301.046 (3) (cm) of the statutes is created to read:

SB1,3,8 301.046 (3) (cm) The prisoner is not awaiting imposition of a death sentence.

SB1, s. 4 Section 4. 301.048 (2) (b) of the statutes is amended to read:

SB1,3,12 301.048 (2) (b) He or she is a prisoner serving a felony sentence for a felony not punishable by death or life imprisonment and the department directs him or her to participate in the program.

SB1, s. 5 Section 5. 302.11 (1m) of the statutes is amended to read:

SB1,3,17 302.11 (1m) An inmate serving a life term is not entitled to mandatory release. Except as provided in ss. 304.06 (1t), 939.62 (2m) and 973.014, the parole commission may parole the inmate as specified in s. 304.06 (1). An inmate awaiting imposition of a death sentence is not eligible for parole.

SB1, s. 6 Section 6. 303.065 (1) of the statutes is amended to read:

SB1,3,24 303.065 (1) The department may grant work release privileges to any person incarcerated within the state prisons, except that no person serving a life sentence may be considered for work release until he or she has reached parole eligibility under s. 304.06 (1) (b) or (1t) or 973.014, whichever is applicable, and no person serving a life sentence under s. 939.62 (2m) or awaiting imposition of a death sentence may be considered for work release.

SB1, s. 7 Section 7. 304.02 (5) of the statutes is amended to read:

SB1,4,3 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) or awaiting imposition of a death sentence is not eligible for release to parole supervision under this section.

SB1, s. 8 Section 8. 304.06 (1) (b) of the statutes is amended to read:

SB1,4,20 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in sub. (1t) or s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing. The parole commission may not parole an inmate who is awaiting imposition of a death sentence.

SB1, s. 9 Section 9. 304.06 (1t) of the statutes is created to read:

SB1,4,24 304.06 (1t) If the prisoner is serving a life term imposed under s. 973.015, the prisoner is eligible for parole only when authorized by the sentencing court under s. 973.015 (3) (b).

SB1, s. 10 Section 10. 304.071 (2) of the statutes is amended to read:

SB1,5,3 304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 304.06 (1) (b) or (1t), 939.62 (2m) or 973.032 (5), he or she is not eligible for parole under this section.

SB1, s. 11 Section 11. 939.22 (7) of the statutes is created to read:

SB1,5,6 939.22 (7) "Crime punishable by death or life imprisonment" means a crime for which one or more of the possible penalties is death or life imprisonment.

SB1, s. 12 Section 12. 939.30 (2) of the statutes is amended to read:

SB1,5,10 939.30 (2) For a solicitation to commit a crime for which the penalty is punishable by death or life imprisonment, the actor is guilty of a Class C felony. For a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.

SB1, s. 13 Section 13. 939.31 of the statutes is amended to read:

SB1,5,18 939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and 940.45 (4), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is punishable by death or life imprisonment, the actor is guilty of a Class B felony.

SB1, s. 14 Section 14. 939.32 (1) (a) of the statutes is amended to read:

SB1,5,21 939.32 (1) (a) Whoever attempts to commit a crime for which the penalty is punishable by death or life imprisonment is guilty of a Class B felony.

SB1, s. 15 Section 15. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).

SB1, s. 16 Section 16. 939.50 (1) (ag) of the statutes is created to read:

SB1,5,24 939.50 (1) (ag) Class AA felony.

SB1, s. 17 Section 17. 939.50 (2) of the statutes is amended to read:

SB1,6,2 939.50 (2) A felony is a Class AA, A, B, C, D or E felony when it is so specified in chs. 939 to 951.

SB1, s. 18 Section 18. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).