AB352, s. 3
7Section
3. 301.046 (3) (cm) of the statutes is created to read:
AB352,3,88
301.046
(3) (cm) The prisoner is not awaiting imposition of a death sentence.
AB352, s. 4
9Section
4. 301.048 (2) (b) of the statutes is amended to read:
AB352,3,1210
301.048
(2) (b) He or she is a prisoner serving a
felony sentence
for a felony not
11punishable by
death or life imprisonment and the department directs him or her to
12participate in the program.
AB352, s. 5
13Section
5. 302.11 (1m) of the statutes is amended to read:
AB352,3,1714
302.11
(1m) An inmate serving a life term is not entitled to mandatory release.
15Except as provided in ss.
304.06 (1t), 939.62 (2m) and 973.014, the parole commission
16may parole the inmate as specified in s. 304.06 (1).
An inmate awaiting imposition
17of a death sentence is not eligible for parole.
AB352, s. 6
18Section
6. 303.065 (1) of the statutes is amended to read:
AB352,3,2419
303.065
(1) The department may grant work release privileges to any person
20incarcerated within the state prisons, except that no person serving a life sentence
21may be considered for work release until he or she has reached parole eligibility
22under s. 304.06 (1) (b)
or (1t) or 973.014, whichever is applicable, and no person
23serving a life sentence under s. 939.62 (2m)
or awaiting imposition of a death
24sentence may be considered for work release.
AB352, s. 7
25Section
7. 304.02 (5) of the statutes is amended to read:
AB352,4,3
1304.02
(5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
2sentence under s. 939.62 (2m)
or awaiting imposition of a death sentence is not
3eligible for release to parole supervision under this section.
AB352, s. 8
4Section
8. 304.06 (1) (b) of the statutes is amended to read:
AB352,4,205
304.06
(1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) or
6973.0135, the parole commission may parole an inmate of the Wisconsin state
7prisons or any felon or any person serving at least one year or more in a county house
8of correction or a county reforestation camp organized under s. 303.07, when he or
9she has served 25% of the sentence imposed for the offense, or 6 months, whichever
10is greater. Except as provided in
sub. (1t) or s. 939.62 (2m) or 973.014, the parole
11commission may parole an inmate serving a life term when he or she has served 20
12years, as modified by the formula under s. 302.11 (1) and subject to extension using
13the formulas under s. 302.11 (2). The person serving the life term shall be given
14credit for time served prior to sentencing under s. 973.155, including good time under
15s. 973.155 (4). The secretary may grant special action parole releases under s.
16304.02. The department or the parole commission shall not provide any convicted
17offender or other person sentenced to the department's custody any parole eligibility
18or evaluation until the person has been confined at least 60 days following
19sentencing.
The parole commission may not parole an inmate who is awaiting
20imposition of a death sentence.
AB352, s. 9
21Section
9. 304.06 (1t) of the statutes is created to read:
AB352,4,2422
304.06
(1t) If the prisoner is serving a life term imposed under s. 973.015, the
23prisoner is eligible for parole only when authorized by the sentencing court under s.
24973.015 (3) (b).
AB352, s. 10
25Section
10. 304.071 (2) of the statutes is amended to read:
AB352,5,3
1304.071
(2) If a prisoner is not eligible for parole under s. 161.49 (2),
304.06 (1)
2(b) or (1t), 939.62 (2m) or 973.032 (5), he or she is not eligible for parole under this
3section.
AB352, s. 11
4Section
11. 939.22 (7) of the statutes is created to read:
AB352,5,65
939.22
(7) "Crime punishable by death or life imprisonment" means a crime for
6which one or more of the possible penalties is death or life imprisonment.
AB352, s. 12
7Section
12. 939.30 (2) of the statutes is amended to read:
AB352,5,108
939.30
(2) For a solicitation to commit a crime
for which the penalty is 9punishable by death or life imprisonment, the actor is guilty of a Class C felony. For
10a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.
AB352, s. 13
11Section
13. 939.31 of the statutes is amended to read:
AB352,5,18
12939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and
13940.45 (4), whoever, with intent that a crime be committed, agrees or combines with
14another for the purpose of committing that crime may, if one or more of the parties
15to the conspiracy does an act to effect its object, be fined or imprisoned or both not
16to exceed the maximum provided for the completed crime; except that for a
17conspiracy to commit a crime
for which the penalty is
punishable by death or life
18imprisonment, the actor is guilty of a Class B felony.
AB352, s. 14
19Section
14. 939.32 (1) (a) of the statutes is amended to read:
AB352,5,2120
939.32
(1) (a) Whoever attempts to commit a crime
for which the penalty is 21punishable by death or life imprisonment is guilty of a Class B felony.
AB352, s. 15
22Section
15. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
AB352, s. 16
23Section
16. 939.50 (1) (ag) of the statutes is created to read:
AB352,5,2424
939.50
(1) (ag) Class AA felony.
AB352, s. 17
25Section
17. 939.50 (2) of the statutes is amended to read:
AB352,6,2
1939.50
(2) A felony is a Class
AA, A, B, C, D or E felony when it is so specified
2in chs. 939 to 951.
AB352, s. 18
3Section
18. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
AB352, s. 19
4Section
19. 939.50 (3) (ag) of the statutes is created to read:
AB352,6,65
939.50
(3) (ag) For a Class AA felony, life imprisonment or death, as determined
6under s. 973.015.
AB352, s. 20
7Section
20. 939.60 of the statutes is amended to read:
AB352,6,10
8939.60 Felony and misdemeanor defined. A crime punishable by
death or 9imprisonment in the Wisconsin state prisons is a felony. Every other crime is a
10misdemeanor.
AB352, s. 21
11Section
21. 939.624 (2) of the statutes is amended to read:
AB352,6,1712
939.624
(2) If a person has one or more prior convictions for a serious violent
13crime or a crime punishable by
death or life imprisonment and subsequently
14commits a serious violent crime, the court shall sentence the person to not less than
155 years' imprisonment, but otherwise the penalties for the crime apply, subject to any
16applicable penalty enhancement. The court shall not place the defendant on
17probation.
AB352, s. 22
18Section
22. 939.625 (1) (b) 2. of the statutes is amended to read:
AB352,6,2119
939.625
(1) (b) 2. If the maximum term of imprisonment for a felony is more
20than 5 years or is a life term
or the felony is punishable by death, the maximum term
21of imprisonment for the felony may be increased by not more than 5 years.
AB352, s. 23
22Section
23. 939.63 (1) (a) 2. of the statutes is amended to read:
AB352,6,2523
939.63
(1) (a) 2. If the maximum term of imprisonment for a felony is more than
245 years or is a life term
or the felony is punishable by death, the maximum term of
25imprisonment for the felony may be increased by not more than 5 years.
AB352, s. 24
1Section
24. 940.01 (1) of the statutes is renumbered 940.01 (1) (a) and
2amended to read:
AB352,7,53
940.01
(1) (a) Except as provided in
par. (b) and sub. (2), whoever causes the
4death of another human being with intent to kill that person or another is guilty of
5a Class A felony.
AB352, s. 25
6Section
25. 940.01 (1) (b) of the statutes is created to read:
AB352,7,107
940.01
(1) (b) Except as provided in pars. (c) and (d) and sub. (2), whoever
8causes the death of another human being with intent to kill that person or another
9is guilty of a Class AA felony if the offense involves any of the following courses of
10conduct:
AB352,7,1111
1. Homicide of a person who has not attained the age of 16 years.
AB352,7,1212
2. Homicide of a peace officer acting in the line of duty.
AB352,7,1413
3. Homicide of a correctional officer, as defined in s. 102.475 (8) (a), acting in
14the line of duty.
AB352, s. 26
15Section
26. 940.01 (1) (c) of the statutes is created to read:
AB352,7,1716
940.01
(1) (c) Notwithstanding s. 939.05, a person is subject to par. (b) as a party
17to a crime only if that person had intended that a person be killed.
AB352, s. 27
18Section
27. 940.01 (1) (d) of the statutes is created to read:
AB352,7,2019
940.01
(1) (d) A person is subject to par. (b) only if the person is 16 years old
20or older when he or she commits the offense.
AB352, s. 28
21Section
28. 967.02 (1m) of the statutes is created to read:
AB352,7,2322
967.02
(1m) "Crime punishable by death or life imprisonment" has the
23meaning given in s. 939.22 (7).
AB352, s. 29
24Section
29. 971.17 (1) of the statutes is amended to read:
AB352,8,10
1971.17
(1) Commitment period. When a defendant is found not guilty by reason
2of mental disease or mental defect, the court shall commit the person to the
3department of health and social services for a specified period not exceeding
4two-thirds of the maximum term of imprisonment that could be imposed under s.
5973.15 (2) (a) against an offender convicted of the same crime or crimes, including
6imprisonment authorized by ss. 161.48, 939.62, 939.621, 939.63, 939.635, 939.64,
7939.641 and 939.645 and other penalty enhancement statutes, as applicable, subject
8to the credit provisions of s. 973.155. If the
maximum term of imprisonment is life 9crime is punishable by death or life imprisonment, the commitment period specified
10by the court may be life, subject to termination under sub. (5).
AB352, s. 30
11Section
30. 972.03 of the statutes is amended to read:
AB352,8,24
12972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
13challenges except as otherwise provided in this section. When the crime charged is
14punishable by
death or life imprisonment the state is entitled to 6 peremptory
15challenges and the defendant is entitled to 6 peremptory challenges. If there is more
16than one defendant, the court shall divide the challenges as equally as practicable
17among them; and if their defenses are adverse and the court is satisfied that the
18protection of their rights so requires, the court may allow the defendants additional
19challenges. If the crime is punishable by
death or life imprisonment, the total
20peremptory challenges allowed the defense shall not exceed 12 if there are only 2
21defendants and 18 if there are more than 2 defendants; in other cases 6 challenges
22if there are only 2 defendants and 9 challenges if there are more than 2. Each side
23shall be allowed one additional peremptory challenge if additional jurors are to be
24impaneled under s. 972.04 (1).
AB352, s. 31
25Section
31. 972.13 (6) of the statutes is amended to read:
AB352,9,1
1972.13
(6) The following forms may be used for judgments:
AB352,9,22
STATE OF WISCONSIN
AB352,9,55
The State of Wisconsin
AB352,9,77
....(Name of defendant)
AB352,9,88
UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
AB352,9,149
IT IS ADJUDGED That the defendant has been convicted upon the defendant's
10plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
11(no contest) on the .... day of ...., 19.., of the crime of .... in violation of s. ....; and the
12court having asked the defendant whether the defendant has anything to state why
13sentence should not be pronounced, and no sufficient grounds to the contrary being
14shown or appearing to the court.
AB352,9,1515
*IT IS ADJUDGED That the defendant is guilty as convicted.
AB352,9,16
16*IT IS ADJUDGED That the defendant shall be executed by lethal injection.
AB352,9,1817
*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
18state prisons (county jail of .... county) for an indeterminate term of not more than.....
AB352,9,2119
*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
20program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
21and the following conditions:....
AB352,9,2422
*IT IS ADJUDGED That the defendant is hereby committed to detention in
23(the defendant's place of residence or place designated by judge) for a term of not
24more than....
AB352,10,2
1*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
2costs of this action).
AB352,10,33
*IT IS ADJUDGED That the defendant pay restitution to....
AB352,10,54
*IT IS ADJUDGED That the defendant is restricted in his or her use of
5computers as follows:....
AB352,10,76
*The .... at .... is designated as the Reception Center to which the defendant
7shall be delivered by the sheriff.
AB352,10,98
*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
9to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB352,10,1010
Dated this .... day of ...., 19...
AB352,10,1111
BY THE COURT ....
AB352,10,1212
Date of Offense ....,
AB352,10,1313
District Attorney ....,
AB352,10,1414
Defense Attorney ....
AB352,10,1515
*Strike inapplicable paragraphs
AB352,10,1616
STATE OF WISCONSIN
AB352,10,1717
.... County
AB352,10,1818
In.... Court
AB352,10,1919
The State of Wisconsin
AB352,10,2121
....(Name of defendant)