SB1: Bill Text

SB1,4,20 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3) 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) or 973.014, 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 using the formulas under s. 302.11 (2). 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. The parole commission may not parole an inmate who is awaiting imposition of a death sentence.

SB1, s. 9 Section 9. 304.06 (1t) of the statutes is created to read:

SB1,4,24 304.06 (1t) If the prisoner is serving a life term imposed under s. 973.015, the prisoner is eligible for parole only when authorized by the sentencing court under s. 973.015 (3) (b).

SB1, s. 10 Section 10. 304.071 (2) of the statutes is amended to read:

SB1,5,3 304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 304.06 (1) (b) or (1t), 939.62 (2m) or 973.032 (5), he or she is not eligible for parole under this section.

SB1, s. 11 Section 11. 939.22 (7) of the statutes is created to read:

SB1,5,6 939.22 (7) "Crime punishable by death or life imprisonment" means a crime for which one or more of the possible penalties is death or life imprisonment.

SB1, s. 12 Section 12. 939.30 (2) of the statutes is amended to read:

SB1,5,10 939.30 (2) For a solicitation to commit a crime for which the penalty is punishable by death or life imprisonment, the actor is guilty of a Class C felony. For a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.

SB1, s. 13 Section 13. 939.31 of the statutes is amended to read:

SB1,5,18 939.31 Conspiracy. Except as provided in ss. 161.41 (1x), 940.43 (4) and 940.45 (4), 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 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 punishable by death or life imprisonment, the actor is guilty of a Class B felony.

SB1, s. 14 Section 14. 939.32 (1) (a) of the statutes is amended to read:

SB1,5,21 939.32 (1) (a) Whoever attempts to commit a crime for which the penalty is punishable by death or life imprisonment is guilty of a Class B felony.

SB1, s. 15 Section 15. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).

SB1, s. 16 Section 16. 939.50 (1) (ag) of the statutes is created to read:

SB1,5,24 939.50 (1) (ag) Class AA felony.

SB1, s. 17 Section 17. 939.50 (2) of the statutes is amended to read:

SB1,6,2 939.50 (2) A felony is a Class AA, A, B, C, D or E felony when it is so specified in chs. 939 to 951.

SB1, s. 18 Section 18. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).

SB1, s. 19 Section 19. 939.50 (3) (ag) of the statutes is created to read:

SB1,6,6 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined under s. 973.015.

SB1, s. 20 Section 20. 939.60 of the statutes is amended to read:

SB1,6,10 939.60 Felony and misdemeanor defined. A crime punishable by death or imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.

SB1, s. 21 Section 21. 939.624 (2) of the statutes is amended to read:

SB1,6,17 939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by death or life imprisonment and subsequently commits a serious violent crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the defendant on probation.

SB1, s. 22 Section 22. 939.625 (1) (b) 2. of the statutes is amended to read:

SB1,6,21 939.625 (1) (b) 2. 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.

SB1, s. 23 Section 23. 939.63 (1) (a) 2. of the statutes is amended to read:

SB1,6,25 939.63 (1) (a) 2. 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.

SB1, s. 24 Section 24. 940.01 (1) of the statutes is renumbered 940.01 (1) (a) and amended to read:

SB1,7,5 940.01 (1) (a) Except as provided in par. (b) 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.

SB1, s. 25 Section 25. 940.01 (1) (b) of the statutes is created to read:

SB1,7,9 940.01 (1) (b) Except as provided in pars. (c) and (d) and sub. (2), 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.

SB1, s. 26 Section 26. 940.01 (1) (c) of the statutes is created to read:

SB1,7,12 940.01 (1) (c) Notwithstanding s. 939.05, a person is subject to par. (b) as a party to a crime only if that person had intended that a person be killed.

SB1, s. 27 Section 27. 940.01 (1) (d) of the statutes is created to read:

SB1,7,15 940.01 (1) (d) A person is subject to par. (b) only if the person is 16 years old or older when he or she commits the offense.

SB1, s. 28 Section 28. 967.02 (1m) of the statutes is created to read:

SB1,7,18 967.02 (1m) "Crime punishable by death or life imprisonment" has the meaning given in s. 939.22 (7).

SB1, s. 29 Section 29. 971.17 (1) of the statutes is amended to read:

SB1,8,4 971.17 (1) Commitment period. When a defendant is found not guilty by reason of mental disease or mental defect, the court shall commit the person to the department of health and social services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes, including imprisonment authorized by ss. 161.48, 939.62, 939.621, 939.63, 939.635, 939.64, 939.641 and 939.645 and other penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155. If the maximum term of imprisonment is life crime is punishable by death or life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB1, s. 30 Section 30. 972.03 of the statutes is amended to read:

SB1,8,18 972.03 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 cases 6 challenges if there are only 2 defendants and 9 challenges if there are more than 2. Each side shall be allowed one additional peremptory challenge if additional jurors are to be impaneled under s. 972.04 (1).

SB1, s. 31 Section 31. 972.13 (6) of the statutes is amended to read:

SB1,8,20 972.13 (6) The following forms may be used for judgments:

SB1,8,21 STATE OF WISCONSIN

SB1,8,22 .... County

SB1,8,24 In .... Court The State of Wisconsin

SB1,8,25 vs.

SB1,9,1 ....(Name of defendant)

SB1,9,2 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

SB1,9,8 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 ...., 19.., 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.

SB1,9,9 *IT IS ADJUDGED That the defendant is guilty as convicted.

SB1,9,10 *IT IS ADJUDGED That the defendant shall be executed by lethal injection.

SB1,9,12 *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.....

SB1,9,15 *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:....

SB1,9,18 *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....

SB1,9,20 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

SB1,9,21 *IT IS ADJUDGED That the defendant pay restitution to....

SB1,9,23 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

SB1,9,25 *The .... at .... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

SB1,10,2 *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.

SB1,10,3 Dated this .... day of ...., 19...

SB1,10,4 BY THE COURT ....

SB1,10,5 Date of Offense ....,

SB1,10,6 District Attorney ....,

SB1,10,7 Defense Attorney ....

SB1,10,9 *Strike inapplicable paragraphs. STATE OF WISCONSIN

SB1,10,11 .... County In .... Court

SB1,10,13 The State of Wisconsin vs.

SB1,10,14 ....(Name of defendant)

SB1,10,16 On the .... day of ...., 19.., the district attorney appeared for the state and the defendant appeared in person and by .... the defendant's attorney.

SB1,10,17 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

SB1,10,19 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.

SB1,10,20 Dated this .... day of ...., 19...

SB1,10,21 BY THE COURT ....

SB1, s. 32 Section 32. 973.013 (1) (b) of the statutes is amended to read:

SB1,11,5 973.013 (1) (b) The sentence shall have the effect of a sentence at hard labor for the maximum term fixed by the court, subject to the power of actual release from confinement by parole by the department or by pardon as provided by law. If a person is sentenced for a definite time for an offense for which the person may be sentenced under this section, the person is in legal effect sentenced as required by this section, said definite time being the maximum period. A Except as provided in s. 973.015, a defendant convicted of a crime for which the minimum penalty is life shall be sentenced for life.

SB1,11,6 Section 33 973.0135 (3) of the statutes is amended to read:

SB1,11,8 973.0135 (3) A person is not subject to this section if the current serious felony is punishable by death or life imprisonment.

SB1, s. 34 Section 34. 973.014 (1) (intro.) of the statutes is amended to read:

SB1,11,13 973.014 (1) (intro.)  Except as provided in sub. (2) and s. 973.015, when a court sentences a person to life imprisonment for a crime committed on or after July 1, 1988, the court shall make a parole eligibility determination regarding the person and choose one of the following options:

SB1, s. 35 Section 35. 973.015 of the statutes is renumbered 973.019.

SB1, s. 36 Section 36. 973.015 of the statutes is created to read:

SB1,11,25 973.015 Sentence of death or life imprisonment for class AA felony. (1) (a) 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 life imprisonment. The trial judge shall conduct the proceeding before the trial jury, if there was a jury trial, as soon as practicable. If the trial jury is unable to reconvene for a hearing on the issue of the penalty, the trial judge may summon a new jury to determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the court shall conduct the sentencing proceeding before a jury summoned for that purpose, unless waived by the defendant.

SB1,12,11 (b) In the proceeding, the court shall admit any evidence that may be relevant to the sentence regarding any mitigating circumstance. The court shall admit any other 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 statements. This subsection does not authorize the introduction of any evidence secured in violation of the state or federal constitution. The state has the burden of proof, beyond a reasonable doubt, regarding the existence of aggravating circumstances. The defendant has the burden of proof, by a preponderance of the evidence, regarding mitigating circumstances. The court shall permit the state and the defendant or his or her counsel to present arguments for or against a sentence of death.

SB1,12,15 (2) (a) Unless the defendant waives the right to a jury, the jury shall deliberate after hearing all the evidence and, by a majority vote, shall render an advisory sentence to the court of life imprisonment or death, based upon the following matters:

SB1,12,16 1. The existence of aggravating circumstances under sub. (5).

SB1,12,17 2. The existence of mitigating circumstances under sub. (6).