Amendment SSA1-SB2

SB2-SSA1,13,6 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes and the following conditions:....

SB2-SSA1,13,9 *IT IS ADJUDGED That the defendant is hereby committed to detention in (the defendant's place of residence or place designated by judge) for a term of not more than....

SB2-SSA1,13,11 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the department of corrections under section 939.615 of the Wisconsin Statutes.

SB2-SSA1,13,13 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

SB2-SSA1,13,14 *IT IS ADJUDGED That the defendant pay restitution to....

SB2-SSA1,13,16 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

SB2-SSA1,13,18 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

SB2-SSA1,13,20 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment to the sheriff who shall forthwith execute the same and deliver it to the warden.

SB2-SSA1,13,21 Dated this.... day of...., .... (year)

SB2-SSA1,13,22 BY THE COURT....

SB2-SSA1,13,23 Date of Offense....,

SB2-SSA1,13,24 District Attorney....,

SB2-SSA1,13,25 Defense Attorney....

SB2-SSA1,14,1 *Strike inapplicable paragraphs.

SB2-SSA1,14,2 STATE OF WISCONSIN

SB2-SSA1,14,3 .... County

SB2-SSA1,14,4 In.... Court

SB2-SSA1,14,5 The State of Wisconsin

SB2-SSA1,14,6 vs.

SB2-SSA1,14,7 ....(Name of defendant)

SB2-SSA1,14,9 On the.... day of...., .... (year), the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

SB2-SSA1,14,10 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

SB2-SSA1,14,12 IT IS ADJUDGED That the defendant has been found not guilty by the verdict of the jury (by the court) and is therefore ordered discharged forthwith.

SB2-SSA1,14,13 Dated this.... day of...., .... (year)

SB2-SSA1,14,14 BY THE COURT....

SB2-SSA1, s. 41 Section 41. 973.01 (3) of the statutes is amended to read:

SB2-SSA1,14,19 973.01 (3) Not applicable to life or death sentences. If a person is being sentenced for a felony that is punishable by life imprisonment or by death, he or she is not subject to this section but shall be sentenced under s. 973.014 (1g) or 973.0145, whichever is applicable.

SB2-SSA1, s. 42 Section 42. 973.0145 of the statutes is created to read:

SB2-SSA1,14,24 973.0145 Sentence of death or life imprisonment for Class AA felony. (1) Upon conviction of a defendant of a Class AA felony, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or to life imprisonment.

SB2-SSA1,15,5 (2) The sentencing proceeding shall be before a jury unless the defendant waives the right to a jury for sentencing. The trial jury shall serve as the sentencing jury unless the trial jury is unable to reconvene for the sentencing hearing, the defendant pleaded guilty, or the defendant waived the right to a jury at trial, in which case the court shall summon a new jury.

SB2-SSA1,15,13 (3) At the sentencing proceeding, the defendant may present evidence relating to any mitigating circumstance and the state may present evidence in rebuttal. The court shall admit any evidence according to the rules of evidence applicable at a criminal trial. The court shall provide the defendant with a fair opportunity to rebut any hearsay statement. This subsection does not authorize the introduction of any evidence secured in violation of the state or federal constitution. Following the presentation of evidence, the parties may present summary arguments for and against the penalty sought by the state.

SB2-SSA1,15,24 (4) The court shall instruct the jurors that in making a sentencing decision they must consider the circumstances surrounding the crime and any mitigating circumstances proved by the defendant, including aspects of the defendant's character, background, and capabilities that bear on his or her culpability for the crime. The court shall instruct the jurors that a mitigating circumstance need not be found by all members of the jury and need only be proved to the satisfaction of an individual juror in order to be considered in the individual juror's sentencing decision. If the defendant is not eligible for extended supervision under s. 939.62 (2m) (c), the court shall inform the jurors that if the jury does not recommend imposition of a sentence of death the defendant will be sentenced to life imprisonment without the possibility of release to extended supervision.

SB2-SSA1,15,25 (5) Mitigating circumstances may include any of the following:

SB2-SSA1,16,1 (a) The defendant has no significant history of prior criminal activity.

SB2-SSA1,16,3 (b) The Class AA felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.

SB2-SSA1,16,5 (c) The defendant was an accomplice in the Class AA felony committed by another person and the defendant's participation was relatively minor.

SB2-SSA1,16,7 (d) The defendant acted under extreme duress or under the substantial domination of another person.

SB2-SSA1,16,10 (e) The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired.

SB2-SSA1,16,12 (f) The age of the defendant at the time of the crime affected his or her judgment.

SB2-SSA1,16,14 (g) The victim was a participant in the defendant's conduct or consented to the act.

SB2-SSA1,16,15 (h) Any other factor bearing on a defendant's culpability for the offense.

SB2-SSA1,16,16 (6) (a) In this subsection:

SB2-SSA1,16,20 1. "Mental health expert" means a psychiatrist, psychologist, or other person who has received training or education relating to, or has experience relating to, the identification, diagnosis, treatment, or evaluation of mental diseases, defects, or conditions.

SB2-SSA1,16,23 2. "Mentally retarded" means having significantly subaverage general intellectual functioning accompanied by significant deficits or impairments in adaptive functioning.

SB2-SSA1,17,4 (b) If the jury unanimously recommends that the court impose a sentence of death and the defendant files a motion claiming that the defendant is mentally retarded, the court shall hold a hearing without a jury to determine whether the defendant is mentally retarded and shall appoint 2 mental health experts to examine the defendant and testify at the hearing. Mental health experts for the defendant and the state may also examine the defendant and testify at the hearing.

SB2-SSA1,17,6 (c) If the court finds by the preponderance of the evidence that the defendant is mentally retarded, the court may not sentence the defendant to death.

SB2-SSA1,17,11 (d) Statements made by the defendant during an examination under this subsection are inadmissible as evidence in a criminal proceeding concerning the defendant, except as evidence concerning the issue of mental retardation in a hearing under this subsection or as evidence of a mitigating circumstance in a sentencing proceeding under this section.

SB2-SSA1,17,19 (7) (a) The court may not impose a sentence of death unless the jury unanimously recommends that a sentence of death be imposed. If the jury recommends a sentence of death and either the defendant does not claim mental retardation or the court determines that defendant is not mentally retarded, the court shall consider the circumstance of the crime and all of the evidence of mitigating circumstances and determine whether to impose a sentence of life imprisonment under s. 973.014 (1g) or a sentence of death. If the court imposes a sentence of death, the court shall state the reasons for the sentence on the record.

SB2-SSA1,17,22 (b) If the jury recommends a sentence of life imprisonment or cannot unanimously agree on a sentencing recommendation, the court shall impose a sentence of life imprisonment under s. 973.014 (1g).

SB2-SSA1,18,3 (8) If the court imposes a sentence of death, the judgment of conviction and sentence of death are subject to automatic review by the supreme court within 60 days after certification by the sentencing court of the entire record, unless the supreme court, for good cause shown, extends the time for an additional period not to exceed 30 days. The review by the supreme court has priority over all other cases and shall be heard in accordance with rules promulgated by the supreme court.

SB2-SSA1,18,6 (9) The court that imposes a sentence of death shall set the date for execution. The defendant shall be committed to the Wisconsin state prisons pending the execution of the death sentence.

SB2-SSA1,18,7 (10) The execution of a death sentence shall be by lethal injection.

SB2-SSA1, s. 43 Section 43. 973.0147 of the statutes is created to read:

SB2-SSA1,18,22 973.0147 Execution of death sentence; stay of execution. The secretary of corrections shall designate the executioner who shall provide a person subject to a death sentence with an intravenous injection of one or more substances in a lethal quantity. A person is immune from civil or criminal liability for his or her acts or omissions, in good faith, in regard to a lawful execution under this section. The secretary may not direct a physician to be present or require a physician to announce when death has occurred. A physician may certify the death after a person, other than a physician, has determined or pronounced death. The secretary shall designate 12 citizens to witness the execution. The convicted person may request that certain additional people be allowed to witness the execution. The secretary shall grant any such reasonable request. The secretary may allow representatives of the news media to witness the execution under rules of the department. No other persons may be allowed to witness the execution. The execution of a death sentence may be stayed only by the governor or incident to an appeal.

SB2-SSA1, s. 44 Section 44. 973.03 (3) (e) 1. of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB2-SSA1,18,25 973.03 (3) (e) 1. A crime which is a Class AA, A, B, or C felony.

SB2-SSA1, s. 45 Section 45. 973.032 (2) (b) of the statutes is amended to read:

SB2-SSA1,19,6 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence a person under sub. (1) if he or she is convicted of a felony punishable by death or life imprisonment or has at any time been convicted, adjudicated delinquent , or found not guilty or not responsible by reason of insanity or mental disease, defect, or illness for committing a violent offense, as defined in s. 301.048 (2) (bm).

SB2-SSA1, s. 46 Section 46. 973.09 (1) (c) of the statutes is amended to read:

SB2-SSA1,19,9 973.09 (1) (c) When a person is convicted of any crime which that is punishable by death or life imprisonment, the court shall may not place the person on probation.

SB2-SSA1, s. 47 Section 47. 978.07 (1) (c) 1m. of the statutes is created to read:

SB2-SSA1,19,15 978.07 (1) (c) 1m. Any case record of a felony punishable by death or life imprisonment or a related case, after the defendant's date of eligibility to petition for release to extended supervision under s. 973.014 (1g) (a) 1. or 2., 20 years after the person's death, or 50 years after the commencement of the action, whichever occurs later.

SB2-SSA1, s. 48 Section 48. Initial applicability.

SB2-SSA1,19,18 (1) This act first applies to offenses committed on the effective date of this subsection.

SB2-SSA1,19,19 (End)