Amendment SSA1-SB2

SB2-SSA1,3,19 118.19 (4) (a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license, for 6 years following the date of the conviction, to any person who has been convicted of any Class AA, A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after February 1, 2003. The state superintendent may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.

SB2-SSA1, s. 3 Section 3. 301.046 (3) (cm) of the statutes is created to read:

SB2-SSA1,4,2 301.046 (3) (cm) The prisoner is not awaiting imposition of a death sentence.

SB2-SSA1, s. 4 Section 4. 301.048 (2) (am) 2. of the statutes is amended to read:

SB2-SSA1,4,7 301.048 (2) (am) 2. He or she is a prisoner serving a felony sentence for a felony that is not punishable by death or life imprisonment and the department directs him or her to participate in the program. This subdivision does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01.

SB2-SSA1, s. 5 Section 5. 302.11 (1) of the statutes is amended to read:

SB2-SSA1,4,14 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1w), (1z), (7), and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

SB2-SSA1, s. 6 Section 6. 302.11 (1w) of the statutes is created to read:

SB2-SSA1,4,17 302.11 (1w) An inmate who is sentenced to death or life imprisonment under s. 976.0145 is not entitled to mandatory release on parole under this section.

SB2-SSA1, s. 7 Section 7. 303.065 (1) (b) 2. of the statutes is amended to read:

SB2-SSA1,4,21 303.065 (1) (b) 2. A person serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) (a) 3. or awaiting imposition of a death sentence may not be considered for work release.

SB2-SSA1, s. 8 Section 8. 304.02 (5) of the statutes is amended to read:

SB2-SSA1,5,2 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) or who is awaiting imposition of a death sentence is not eligible for release to parole supervision under this section.

SB2-SSA1, s. 9 Section 9. 304.06 (1) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB2-SSA1,5,19 304.06 (1) (b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m) or (1t), or s. 302.045 (3), 973.01 (6), 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) (c) or 973.014 (1) (b) or (c), (1g), or (2), 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 under s. 302.11 (1q) and (2), if applicable. 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.

SB2-SSA1, s. 10 Section 10. 304.06 (1t) of the statutes is created to read:

SB2-SSA1,5,22 304.06 (1t) The parole commission may not parole an inmate who is sentenced to life imprisonment or death under s. 973.0145.

SB2-SSA1, s. 11 Section 11. 304.071 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB2-SSA1,6,3 304.071 (2) If a prisoner is not eligible ineligible for parole under s. 961.49 (2), 1999 stats., or s. 304.06 (1t), 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or (1g), or 973.032 (5), he or she is not eligible for parole under this section.

SB2-SSA1, s. 12 Section 12. 938.355 (4) (b) of the statutes, as affected by 2001 Wisconsin Act 109, section 533b, is amended to read:

SB2-SSA1,6,22 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile reaches 18 years of age may apply for up to 2 years after its entry or until the juvenile's 18th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile reaches 18 years of age shall apply for 5 years after its entry, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class AA or A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile reaches 17 years of age shall terminate at the end of one year after its entry unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when the original dispositional order terminates.

SB2-SSA1, s. 13 Section 13. 938.538 (3) (a) 1m. of the statutes is amended to read:

SB2-SSA1,7,5 938.538 (3) (a) 1m. If the participant has been adjudicated delinquent for committing an act that would be a Class AA or A felony if committed by an adult, placement in a Type 1 secured correctional facility, a secured child caring institution or, if the participant is 17 years of age or over or 15 years of age or over and transferred under s. 938.357 (4) (d), a Type 1 prison, as defined in s. 301.01 (5), until the participant reaches 25 years of age, unless the participant is released sooner, subject to a mandatory minimum period of confinement of not less than one year.

SB2-SSA1, s. 14 Section 14. 939.22 (7) of the statutes is created to read:

SB2-SSA1,7,8 939.22 (7) "Crime that is punishable by death or life imprisonment" means a crime for which one or more of the possible penalties is death or life imprisonment.

SB2-SSA1, s. 15 Section 15. 939.30 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB2-SSA1,7,13 939.30 (2) For a solicitation to commit a crime for which the penalty is that is punishable by death or life imprisonment, the actor is guilty of a Class F felony. For a solicitation to commit a Class I felony, the actor is guilty of a Class I felony.

SB2-SSA1, s. 16 Section 16. 939.31 of the statutes is amended to read:

SB2-SSA1,7,21 939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4), and 961.41 (1x), 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 do 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 that is punishable by death or life imprisonment, the actor is guilty of a Class B felony.

SB2-SSA1, s. 17 Section 17. 939.32 (1) (a) of the statutes is amended to read:

SB2-SSA1,7,24 939.32 (1) (a) Whoever attempts to commit a crime for which the penalty is that is punishable by death or life imprisonment is guilty of a Class B felony.

SB2-SSA1, s. 18 Section 18. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).

SB2-SSA1, s. 19 Section 19. 939.50 (1) (ag) of the statutes is created to read:

SB2-SSA1,8,2 939.50 (1) (ag) Class AA felony.

SB2-SSA1, s. 20 Section 20. 939.50 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB2-SSA1,8,6 939.50 (2) A felony is a Class AA, A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes.

SB2-SSA1, s. 21 Section 21. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).

SB2-SSA1, s. 22 Section 22. 939.50 (3) (ag) of the statutes is created to read:

SB2-SSA1,8,10 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined under s. 973.0145.

SB2-SSA1, s. 23 Section 23. 939.60 of the statutes is amended to read:

SB2-SSA1,8,14 939.60 Felony and misdemeanor defined. A crime that is punishable by death or imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.

SB2-SSA1, s. 24 Section 24. 939.62 (2m) (a) 2m. c. of the statutes is amended to read:

SB2-SSA1,8,17 939.62 (2m) (a) 2m. c. The solicitation, conspiracy , or attempt, under s. 939.30, 939.31, or 939.32, to commit a Class AA felony or a Class A felony.

SB2-SSA1, s. 25 Section 25. 939.62 (2m) (c) of the statutes is amended to read:

SB2-SSA1,8,22 939.62 (2m) (c) If the actor is a persistent repeater and the actor is not sentenced to death under s. 973.0145, the term of imprisonment for the felony for which the persistent repeater presently is being sentenced under ch. 973 is life imprisonment without the possibility of parole or extended supervision.

SB2-SSA1, s. 26 Section 26. 939.624 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB2-SSA1,9,7 939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime that is punishable by death or life imprisonment and subsequently commits a serious violent crime, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court may not place the defendant on probation.

SB2-SSA1, s. 27 Section 27. 939.63 (1) (b) of the statutes, as affected 2001 Wisconsin Act 109, is amended to read:

SB2-SSA1,9,12 939.63 (1) (b) If the maximum term of imprisonment for a felony is more than 5 years or is a life term or the felony is punishable by death, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

SB2-SSA1, s. 28 Section 28. 939.632 (1) (e) 2. of the statutes is amended to read:

SB2-SSA1,9,15 939.632 (1) (e) 2. The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32, to commit a Class AA felony or a Class A felony.

SB2-SSA1, s. 29 Section 29. 940.01 (1) (a) of the statutes is amended to read:

SB2-SSA1,9,19 940.01 (1) (a) Except as provided in par. (am) and sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.

SB2-SSA1, s. 30 Section 30. 940.01 (1) (am) of the statutes is created to read:

SB2-SSA1,9,23 940.01 (1) (am) Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class AA felony if the victim has not attained the age of 16 years, unless any of the following applies:

SB2-SSA1,9,24 1. The actor is less than 16 years of age when he or she commits the offense.

SB2-SSA1,10,2 2. Notwithstanding s. 939.05, the actor is not guilty of a Class AA felony as a party to a crime if the actor did not intend that a person be killed.

SB2-SSA1,10,3 3. An affirmative defense under sub. (2) exists.

SB2-SSA1, s. 31 Section 31. 940.01 (1) (b) of the statutes is renumbered 940.01 (1) (b) (intro.) and amended to read:

SB2-SSA1,10,9 940.01 (1) (b) (intro.) Except as provided in sub. (2), whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child, or kill another is guilty of a Class A AA felony ., except as follows:

SB2-SSA1, s. 32 Section 32. 940.01 (1) (b) 1. and 2. of the statutes are created to read:

SB2-SSA1,10,12 940.01 (1) (b) 1. If the actor is less than 16 years of age when he or she commits the offense, the actor is guilty of a Class A felony.

SB2-SSA1,10,15 2. If the actor is a party to the offense as provided under s. 939.05 and did not intend that an unborn child, the woman who was pregnant with that unborn child, or another be killed, the actor is guilty of a Class A felony.

SB2-SSA1, s. 33 Section 33. 940.01 (2) (intro.) of the statutes is amended to read:

SB2-SSA1,10,19 940.01 (2) Mitigating circumstances. (intro.) The following are affirmative defenses to prosecution under this section which that mitigate the offense offenses under sub. (1) to 2nd-degree intentional homicide under s. 940.05:

SB2-SSA1, s. 34 Section 34. 946.50 (1) of the statutes is renumbered 946.50 (1m).

SB2-SSA1, s. 35 Section 35. 946.50 (1g) of the statutes is created to read:

SB2-SSA1,10,23 946.50 (1g) A Class AA felony, if the person was adjudicated delinquent for committing an act that would be a Class AA felony if committed by an adult.

SB2-SSA1, s. 36 Section 36. 961.335 (1m) of the statutes is created to read:

SB2-SSA1,11,4 961.335 (1m) Notwithstanding sub. (1), upon the application of the secretary of corrections for a permit to obtain a controlled substance for purposes of an execution under s. 973.0147, the controlled substances board shall issue a permit under this section.

SB2-SSA1, s. 37 Section 37. 967.02 (1m) of the statutes is created to read:

SB2-SSA1,11,7 967.02 (1m) "Crime that is punishable by death or life imprisonment" has the meaning given in s. 939.22 (7).

SB2-SSA1, s. 38 Section 38. 971.17 (1) (c) of the statutes is amended to read:

SB2-SSA1,11,12 971.17 (1) (c) Felonies punishable by death or life imprisonment. If a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by death or life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB2-SSA1, s. 39 Section 39. 972.03 of the statutes is amended to read:

SB2-SSA1,12,5 972.03 Peremptory challenges. Each side is entitled to only 4 peremptory challenges except as otherwise provided in this section. When the crime charged is punishable by death or life imprisonment, the state is entitled to 6 peremptory challenges and the defendant is entitled to 6 peremptory challenges. If there is more than one defendant, the court shall divide the challenges as equally as practicable among them; and if their defenses are adverse and the court is satisfied that the protection of their rights so requires, the court may allow the defendants additional challenges. If the crime is punishable by death or life imprisonment, the total peremptory challenges allowed the defense shall not exceed 12 if there are only 2 defendants and 18 if there are more than 2 defendants; in other felony cases 6 challenges if there are only 2 defendants and 9 challenges if there are more than 2. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the defendant is entitled to 3 peremptory challenges, except that if there are 2 defendants, the court shall allow the defense 4 peremptory challenges, and, if there are more than 2 defendants, the court shall allow the defense 6 peremptory challenges. Each side shall be allowed one additional peremptory challenge if additional jurors are to be selected under s. 972.04 (1).

SB2-SSA1, s. 40 Section 40. 972.13 (6) of the statutes is amended to read:

SB2-SSA1,12,7 972.13 (6) The following forms may be used for judgments:

SB2-SSA1,12,8 STATE OF WISCONSIN

SB2-SSA1,12,9 .... County

SB2-SSA1,12,10 In.... Court

SB2-SSA1,12,11 The State of Wisconsin

SB2-SSA1,12,12 vs.

SB2-SSA1,12,13 ....(Name of defendant)

SB2-SSA1,12,14 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

SB2-SSA1,12,20 IT IS ADJUDGED That the defendant has been convicted upon the defendant's plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty) (no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and the court having asked the defendant whether the defendant has anything to state why sentence should not be pronounced, and no sufficient grounds to the contrary being shown or appearing to the court.

SB2-SSA1,12,21 *IT IS ADJUDGED That the defendant is guilty as convicted.

SB2-SSA1,12,22 *IT IS ADJUDGED That the defendant shall be executed by lethal injection.

SB2-SSA1,12,24 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin state prisons (county jail of.... county) for an indeterminate term of not more than.....