AB298-ASA1, s. 7 11Section 7. 304.02 (5) of the statutes, as affected by 1995 Wisconsin Act 48, is
12amended to read:
AB298-ASA1,3,1513 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
14sentence under s. 939.62 (2m) or 973.014 (1) (c) or awaiting imposition of a death
15sentence
is not eligible for release to parole supervision under this section.
AB298-ASA1, s. 8 16Section 8. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27,
17section 6405, is amended to read:
AB298-ASA1,4,818 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
19973.0135, the parole commission may parole an inmate of the Wisconsin state
20prisons or any felon or any person serving at least one year or more in a county house
21of correction or a county reforestation camp organized under s. 303.07, when he or
22she has served 25% of the sentence imposed for the offense, or 6 months, whichever
23is greater. Except as provided in sub. (1t) or s. 939.62 (2m) or 973.014, the parole
24commission may parole an inmate serving a life term when he or she has served 20
25years, as modified by the formula under s. 302.11 (1) and subject to extension using

1the formulas under s. 302.11 (2). The person serving the life term shall be given
2credit for time served prior to sentencing under s. 973.155, including good time under
3s. 973.155 (4). The secretary may grant special action parole releases under s.
4304.02. The department or the parole commission shall not provide any convicted
5offender or other person sentenced to the department's custody any parole eligibility
6or evaluation until the person has been confined at least 60 days following
7sentencing. The parole commission may not parole an inmate who is awaiting
8imposition of a death sentence.
AB298-ASA1, s. 9 9Section 9. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Acts 77
10and .... (this act), is repealed and recreated to read:
AB298-ASA1,5,311 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
12973.0135, the parole commission may parole an inmate of the Wisconsin state
13prisons or any felon or any person serving at least one year or more in a county house
14of correction or a county reforestation camp organized under s. 303.07, when he or
15she has served 25% of the sentence imposed for the offense, or 6 months, whichever
16is greater. The parole commission may parole a participant in the serious juvenile
17offender program under s. 938.538 when he or she has participated in that program
18for 2 years. Except as provided in sub. (1t) or s. 939.62 (2m) or 973.014, the parole
19commission may parole an inmate serving a life term when he or she has served 20
20years, as modified by the formula under s. 302.11 (1) and subject to extension using
21the formulas under s. 302.11 (2). The person serving the life term shall be given
22credit for time served prior to sentencing under s. 973.155, including good time under
23s. 973.155 (4). The secretary may grant special action parole releases under s.
24304.02. The department or the parole commission shall not provide any convicted
25offender or other person sentenced to the department's custody any parole eligibility

1or evaluation until the person has been confined at least 60 days following
2sentencing. The parole commission may not parole an inmate who is awaiting
3imposition of a death sentence.
AB298-ASA1, s. 10 4Section 10. 304.06 (1t) of the statutes is created to read:
AB298-ASA1,5,75 304.06 (1t) If the prisoner is serving a life term imposed under s. 973.015, the
6prisoner is eligible for parole only when authorized by the sentencing court under s.
7973.015 (3) (b).
AB298-ASA1, s. 11 8Section 11. 304.071 (2) of the statutes, as affected by 1995 Wisconsin Act 48,
9is amended to read:
AB298-ASA1,5,1210 304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 304.06 (1)
11(b) or (1t),
939.62 (2m), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole
12under this section.
AB298-ASA1, s. 12 13Section 12. 939.22 (7) of the statutes is created to read:
AB298-ASA1,5,1514 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.
AB298-ASA1, s. 13 16Section 13. 939.30 (2) of the statutes is amended to read:
AB298-ASA1,5,1917 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.
AB298-ASA1, s. 14 20Section 14. 939.31 of the statutes is amended to read:
AB298-ASA1,6,2 21939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and
22940.45 (4), 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.
AB298-ASA1, s. 15 3Section 15. 939.32 (1) (a) of the statutes is amended to read:
AB298-ASA1,6,54 939.32 (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.
AB298-ASA1, s. 16 6Section 16. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
AB298-ASA1, s. 17 7Section 17. 939.50 (1) (ag) of the statutes is created to read:
AB298-ASA1,6,88 939.50 (1) (ag) Class AA felony.
AB298-ASA1, s. 18 9Section 18. 939.50 (2) of the statutes, as affected by 1995 Wisconsin Act 69,
10is amended to read:
AB298-ASA1,6,1211 939.50 (2) A felony is a Class AA, A, B, BC, C, D or E felony when it is so specified
12in chs. 939 to 951.
AB298-ASA1, s. 19 13Section 19. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
AB298-ASA1, s. 20 14Section 20. 939.50 (3) (ag) of the statutes is created to read:
AB298-ASA1,6,1615 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined
16under s. 973.015.
AB298-ASA1, s. 21 17Section 21. 939.60 of the statutes is amended to read:
AB298-ASA1,6,20 18939.60 Felony and misdemeanor defined. A crime punishable by death or
19imprisonment in the Wisconsin state prisons is a felony. Every other crime is a
20misdemeanor.
AB298-ASA1, s. 22 21Section 22. 939.624 (2) of the statutes is amended to read:
AB298-ASA1,7,222 939.624 (2) If a person has one or more prior convictions for a serious violent
23crime or a crime punishable by death or life imprisonment and subsequently
24commits a serious violent crime, the court shall sentence the person to not less than
255 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.
AB298-ASA1, s. 23 3Section 23. 939.625 (1) (b) 2. of the statutes is amended to read:
AB298-ASA1,7,64 939.625 (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.
AB298-ASA1, s. 24 7Section 24. 939.63 (1) (a) 2. of the statutes is amended to read:
AB298-ASA1,7,108 939.63 (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.
AB298-ASA1, s. 25 11Section 25. 940.01 (1) of the statutes is renumbered 940.01 (1) (a) and
12amended to read:
AB298-ASA1,7,1513 940.01 (1) (a) Except as provided in par. (b) and sub. (2), whoever causes the
14death of another human being with intent to kill that person or another is guilty of
15a Class A felony.
AB298-ASA1, s. 26 16Section 26. 940.01 (1) (b) of the statutes is created to read:
AB298-ASA1,7,1917 940.01 (1) (b) Except as provided in pars. (c) and (d) and sub. (2), whoever
18causes the death of another human being with intent to kill that person or another
19is guilty of a Class AA felony if the victim has not attained the age of 16 years.
AB298-ASA1, s. 27 20Section 27. 940.01 (1) (c) of the statutes is created to read:
AB298-ASA1,7,2221 940.01 (1) (c) Notwithstanding s. 939.05, a person is subject to par. (b) as a party
22to a crime only if that person had intended that a person be killed.
AB298-ASA1, s. 28 23Section 28. 940.01 (1) (d) of the statutes is created to read:
AB298-ASA1,7,2524 940.01 (1) (d) A person is subject to par. (b) only if the person is 16 years old
25or older when he or she commits the offense.
AB298-ASA1, s. 29
1Section 29. 967.02 (1m) of the statutes is created to read:
AB298-ASA1,8,32 967.02 (1m) "Crime punishable by death or life imprisonment" has the
3meaning given in s. 939.22 (7).
AB298-ASA1, s. 30 4Section 30. 971.17 (1) of the statutes is amended to read:
AB298-ASA1,8,145 971.17 (1) Commitment period. When a defendant is found not guilty by reason
6of mental disease or mental defect, the court shall commit the person to the
7department of health and social services for a specified period not exceeding
8two-thirds of the maximum term of imprisonment that could be imposed under s.
9973.15 (2) (a) against an offender convicted of the same crime or crimes, including
10imprisonment authorized by ss. 161.48, 939.62, 939.621, 939.63, 939.635, 939.64,
11939.641 and 939.645 and other penalty enhancement statutes, as applicable, subject
12to the credit provisions of s. 973.155. If the maximum term of imprisonment is life
13crime is punishable by death or life imprisonment, the commitment period specified
14by the court may be life, subject to termination under sub. (5).
AB298-ASA1, s. 31 15Section 31. 972.03 of the statutes is amended to read:
AB298-ASA1,9,3 16972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
17challenges except as otherwise provided in this section. When the crime charged is
18punishable by death or life imprisonment the state is entitled to 6 peremptory
19challenges and the defendant is entitled to 6 peremptory challenges. If there is more
20than one defendant, the court shall divide the challenges as equally as practicable
21among them; and if their defenses are adverse and the court is satisfied that the
22protection of their rights so requires, the court may allow the defendants additional
23challenges. If the crime is punishable by death or life imprisonment, the total
24peremptory challenges allowed the defense shall not exceed 12 if there are only 2
25defendants and 18 if there are more than 2 defendants; in other cases 6 challenges

1if there are only 2 defendants and 9 challenges if there are more than 2. Each side
2shall be allowed one additional peremptory challenge if additional jurors are to be
3impaneled under s. 972.04 (1).
AB298-ASA1, s. 32 4Section 32. 972.13 (6) of the statutes is amended to read:
AB298-ASA1,9,55 972.13 (6) The following forms may be used for judgments:
AB298-ASA1,9,66 STATE OF WISCONSIN
AB298-ASA1,9,77 .... County
AB298-ASA1,9,88 In .... Court
AB298-ASA1,9,99 The State of Wisconsin
AB298-ASA1,9,1111 ....(Name of defendant)
AB298-ASA1,9,1212 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
AB298-ASA1,9,1813 IT IS ADJUDGED That the defendant has been convicted upon the defendant's
14plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
15(no contest) on the .... day of ...., 19.., of the crime of .... in violation of s. ....; and the
16court having asked the defendant whether the defendant has anything to state why
17sentence should not be pronounced, and no sufficient grounds to the contrary being
18shown or appearing to the court.
AB298-ASA1,9,1919 *IT IS ADJUDGED That the defendant is guilty as convicted.
AB298-ASA1,9,20 20*IT IS ADJUDGED That the defendant shall be executed by lethal injection.
AB298-ASA1,9,2221 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
22state prisons (county jail of .... county) for an indeterminate term of not more than.....
AB298-ASA1,9,2523 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions
24program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
25and the following conditions:....
AB298-ASA1,10,3
1*IT IS ADJUDGED That the defendant is hereby committed to detention in
2(the defendant's place of residence or place designated by judge) for a term of not
3more than....
AB298-ASA1,10,54 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
5costs of this action).
AB298-ASA1,10,66 *IT IS ADJUDGED That the defendant pay restitution to....
AB298-ASA1,10,87 *IT IS ADJUDGED That the defendant is restricted in his or her use of
8computers as follows:....
AB298-ASA1,10,109 *The .... at .... is designated as the Reception Center to which the defendant
10shall be delivered by the sheriff.
AB298-ASA1,10,1211 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment
12to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB298-ASA1,10,1313 Dated this .... day of ...., 19...
AB298-ASA1,10,1414 BY THE COURT ....
AB298-ASA1,10,1515 Date of Offense ....,
AB298-ASA1,10,1616 District Attorney ....,
AB298-ASA1,10,1717 Defense Attorney ....
AB298-ASA1,10,1818 *Strike inapplicable paragraphs.
AB298-ASA1,10,1919 STATE OF WISCONSIN
AB298-ASA1,10,2020 .... County
AB298-ASA1,10,2121 In .... Court
AB298-ASA1,10,2222 The State of Wisconsin
AB298-ASA1,10,2424 ....(Name of defendant)
AB298-ASA1,11,2
1On the .... day of ...., 19.., the district attorney appeared for the state and the
2defendant appeared in person and by .... the defendant's attorney.
AB298-ASA1,11,33 UPON ALL THE FILES, RECORDS AND PROCEEDINGS
AB298-ASA1,11,54 IT IS ADJUDGED That the defendant has been found not guilty by the verdict
5of the jury (by the court) and is therefore ordered discharged forthwith.
AB298-ASA1,11,66 Dated this .... day of ...., 19...
AB298-ASA1,11,77 BY THE COURT ....
AB298-ASA1, s. 33 8Section 33. 973.013 (1) (b) of the statutes is amended to read:
AB298-ASA1,11,169 973.013 (1) (b) The sentence shall have the effect of a sentence at hard labor
10for the maximum term fixed by the court, subject to the power of actual release from
11confinement by parole by the department or by pardon as provided by law. If a person
12is sentenced for a definite time for an offense for which the person may be sentenced
13under this section, the person is in legal effect sentenced as required by this section,
14said definite time being the maximum period. A Except as provided in s. 973.015,
15a
defendant convicted of a crime for which the minimum penalty is life shall be
16sentenced for life.
AB298-ASA1,11,17 17Section 34 973.0135 (3) of the statutes is amended to read:
AB298-ASA1,11,1918 973.0135 (3) A person is not subject to this section if the current serious felony
19is punishable by death or life imprisonment.
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