LRB-1595/1
JEO:mfd:km
1997 - 1998 LEGISLATURE
April 3, 1997 - Introduced by Representatives Handrick, Ainsworth, Dobyns,
Gunderson, Hoven, Kaufert, Ladwig, F. Lasee, Musser, Olsen and Schafer,
cosponsored by Senators A. Lasee, Buettner and
Fitzgerald. Referred to
Committee on Criminal Justice and Corrections.
AB245,1,11
1An Act to renumber 939.50 (1) (a), 939.50 (3) (a) and 973.015;
to renumber and
2amend 940.01 (1);
to amend 301.048 (2) (b), 302.11 (1m), 303.065 (1), 304.02
3(5), 304.06 (1) (b), 304.071 (2), 939.30 (2), 939.31, 939.32 (1) (a), 939.50 (2),
4939.60, 939.624 (2), 939.625 (1) (b) 2., 939.63 (1) (a) 2., 961.335 (1), 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 301.046 (3) (cm), 304.06
7(1t), 939.22 (7), 939.50 (1) (ag), 939.50 (3) (ag), 940.01 (1) (b), 940.01 (1) (c) and
8(d), 961.335 (1m), 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
10first-degree intentional homicide, affecting parole eligibility and granting
11rule-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 (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
imposed 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 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 to the court
an advisory sentence of either life imprisonment or death. 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
possibility 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 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:
AB245, s. 1
1Section
1. 301.046 (3) (cm) of the statutes is created to read:
AB245,2,22
301.046
(3) (cm) The prisoner is not awaiting imposition of a death sentence.
AB245, s. 2
3Section
2. 301.048 (2) (b) of the statutes is amended to read:
AB245,2,64
301.048
(2) (b) He or she is a prisoner serving a
felony sentence
for a felony not
5punishable by
death or life imprisonment and the department directs him or her to
6participate in the program.
AB245, s. 3
7Section
3. 302.11 (1m) of the statutes is amended to read:
AB245,3,28
302.11
(1m) An inmate serving a life term is not entitled to mandatory release.
9Except 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.
AB245, s. 4
3Section
4. 303.065 (1) of the statutes is amended to read:
AB245,3,94
303.065
(1) The department may grant work release privileges to any person
5incarcerated within the state prisons, except that no person serving a life sentence
6may be considered for work release until he or she has reached parole eligibility
7under s. 304.06 (1) (b) or 973.014 (1) (a) or (b), whichever is applicable, and no person
8serving a life sentence under s. 939.62 (2m)
or, 973.014 (1) (c)
or 973.015 (3) (b) or
9awaiting imposition of a death sentence may be considered for work release.
AB245, s. 5
10Section
5. 304.02 (5) of the statutes is amended to read:
AB245,3,1311
304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
12sentence under s. 939.62 (2m) or 973.014 (1) (c)
or awaiting imposition of a death
13sentence is not eligible for release to parole supervision under this section.
AB245, s. 6
14Section
6. 304.06 (1) (b) of the statutes is amended to read:
AB245,4,515
304.06
(1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) or
16973.0135, the parole commission may parole an inmate of the Wisconsin state
17prisons or any felon or any person serving at least one year or more in a county house
18of correction or a county reforestation camp organized under s. 303.07, when he or
19she has served 25% of the sentence imposed for the offense, or 6 months, whichever
20is greater. Except as provided in
sub. (1t) or s. 939.62 (2m) or 973.014, the parole
21commission may parole an inmate serving a life term when he or she has served 20
22years, as modified by the formula under s. 302.11 (1) and subject to extension using
23the formulas under s. 302.11 (2). The person serving the life term shall be given
24credit for time served prior to sentencing under s. 973.155, including good time under
25s. 973.155 (4). The secretary may grant special action parole releases under s.
1304.02. The department or the parole commission shall not provide any convicted
2offender or other person sentenced to the department's custody any parole eligibility
3or evaluation until the person has been confined at least 60 days following
4sentencing.
The parole commission may not parole an inmate who is awaiting
5imposition of a death sentence.
AB245, s. 7
6Section
7. 304.06 (1t) of the statutes is created to read:
AB245,4,87
304.06
(1t) If the prisoner is serving a life term imposed under s. 973.015 (3)
8(b), the prisoner is not eligible for parole.
AB245, s. 8
9Section
8. 304.071 (2) of the statutes is amended to read:
AB245,4,1210
304.071
(2) If a prisoner is not eligible for parole under s.
304.06 (1) (b) or (1t), 11939.62 (2m), 961.49 (2), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for
12parole under this section.
AB245, s. 9
13Section
9. 939.22 (7) of the statutes is created to read:
AB245,4,1514
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.
AB245, s. 10
16Section
10. 939.30 (2) of the statutes is amended to read:
AB245,4,1917
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.
AB245, s. 11
20Section
11. 939.31 of the statutes is amended to read:
AB245,5,2
21939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) and 961.41
22(1x), 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.
AB245, s. 12
3Section
12. 939.32 (1) (a) of the statutes is amended to read:
AB245,5,54
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.
AB245, s. 13
6Section
13. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
AB245, s. 14
7Section
14. 939.50 (1) (ag) of the statutes is created to read:
AB245,5,88
939.50
(1) (ag) Class AA felony.
AB245, s. 15
9Section
15. 939.50 (2) of the statutes is amended to read:
AB245,5,1110
939.50
(2) A felony is a Class
AA, A, B, BC, C, D or E felony when it is so
11specified in chs. 939 to 951.
AB245, s. 16
12Section
16. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
AB245, s. 17
13Section
17. 939.50 (3) (ag) of the statutes is created to read:
AB245,5,1514
939.50
(3) (ag) For a Class AA felony, life imprisonment or death, as determined
15under s. 973.015.
AB245, s. 18
16Section
18. 939.60 of the statutes is amended to read:
AB245,5,19
17939.60 Felony and misdemeanor defined. A crime punishable by
death or 18imprisonment in the Wisconsin state prisons is a felony. Every other crime is a
19misdemeanor.
AB245, s. 19
20Section
19. 939.624 (2) of the statutes is amended to read:
AB245,6,221
939.624
(2) If a person has one or more prior convictions for a serious violent
22crime or a crime punishable by
death or life imprisonment and subsequently
23commits a serious violent crime, the court shall sentence the person to not less than
245 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.
AB245, s. 20
3Section
20. 939.625 (1) (b) 2. of the statutes is amended to read:
AB245,6,64
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.
AB245, s. 21
7Section
21. 939.63 (1) (a) 2. of the statutes is amended to read:
AB245,6,108
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.
AB245, s. 22
11Section
22. 940.01 (1) of the statutes is renumbered 940.01 (1) (a) and
12amended to read:
AB245,6,1513
940.01
(1) (a) Except as provided in
pars. (b) and (c) and sub. (2), whoever
14causes the death of another human being with intent to kill that person or another
15is guilty of a Class
A AA felony.
AB245, s. 23
16Section
23. 940.01 (1) (b) of the statutes is created to read:
AB245,6,1817
940.01
(1) (b) Notwithstanding s. 939.05, a person is subject to par. (a) as a
18party to a crime only if that person had intended that a person be killed.
AB245, s. 24
19Section
24. 940.01 (1) (c) and (d) of the statutes are created to read: