SB1,6,2119 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.
SB1, s. 23 22Section 23. 939.63 (1) (a) 2. of the statutes is amended to read:
SB1,6,2523 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.
SB1, s. 24
1Section 24. 940.01 (1) of the statutes is renumbered 940.01 (1) (a) and
2amended to read:
SB1,7,53 940.01 (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.
SB1, s. 25 6Section 25. 940.01 (1) (b) of the statutes is created to read:
SB1,7,97 940.01 (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 victim has not attained the age of 16 years.
SB1, s. 26 10Section 26. 940.01 (1) (c) of the statutes is created to read:
SB1,7,1211 940.01 (1) (c) Notwithstanding s. 939.05, a person is subject to par. (b) as a party
12to a crime only if that person had intended that a person be killed.
SB1, s. 27 13Section 27. 940.01 (1) (d) of the statutes is created to read:
SB1,7,1514 940.01 (1) (d) A person is subject to par. (b) only if the person is 16 years old
15or older when he or she commits the offense.
SB1, s. 28 16Section 28. 967.02 (1m) of the statutes is created to read:
SB1,7,1817 967.02 (1m) "Crime punishable by death or life imprisonment" has the
18meaning given in s. 939.22 (7).
SB1, s. 29 19Section 29. 971.17 (1) of the statutes is amended to read:
SB1,8,420 971.17 (1) Commitment period. When a defendant is found not guilty by reason
21of mental disease or mental defect, the court shall commit the person to the
22department of health and social services for a specified period not exceeding
23two-thirds of the maximum term of imprisonment that could be imposed under s.
24973.15 (2) (a) against an offender convicted of the same crime or crimes, including
25imprisonment authorized by ss. 161.48, 939.62, 939.621, 939.63, 939.635, 939.64,

1939.641 and 939.645 and other penalty enhancement statutes, as applicable, subject
2to the credit provisions of s. 973.155. If the maximum term of imprisonment is life
3crime is punishable by death or life imprisonment, the commitment period specified
4by the court may be life, subject to termination under sub. (5).
SB1, s. 30 5Section 30. 972.03 of the statutes is amended to read:
SB1,8,18 6972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
7challenges except as otherwise provided in this section. When the crime charged is
8punishable by death or life imprisonment the state is entitled to 6 peremptory
9challenges and the defendant is entitled to 6 peremptory challenges. If there is more
10than one defendant, the court shall divide the challenges as equally as practicable
11among them; and if their defenses are adverse and the court is satisfied that the
12protection of their rights so requires, the court may allow the defendants additional
13challenges. If the crime is punishable by death or life imprisonment, the total
14peremptory challenges allowed the defense shall not exceed 12 if there are only 2
15defendants and 18 if there are more than 2 defendants; in other cases 6 challenges
16if there are only 2 defendants and 9 challenges if there are more than 2. Each side
17shall be allowed one additional peremptory challenge if additional jurors are to be
18impaneled under s. 972.04 (1).
SB1, s. 31 19Section 31. 972.13 (6) of the statutes is amended to read:
SB1,8,2020 972.13 (6) The following forms may be used for judgments:
SB1,8,2121 STATE OF WISCONSIN
SB1,8,2222 .... County
SB1,8,2423 In .... Court
24 The State of Wisconsin
SB1,8,2525 vs.
SB1,9,1
1....(Name of defendant)
SB1,9,22 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
SB1,9,83 IT IS ADJUDGED That the defendant has been convicted upon the defendant's
4plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
5(no contest) on the .... day of ...., 19.., of the crime of .... in violation of s. ....; and the
6court having asked the defendant whether the defendant has anything to state why
7sentence should not be pronounced, and no sufficient grounds to the contrary being
8shown or appearing to the court.
SB1,9,99 *IT IS ADJUDGED That the defendant is guilty as convicted.
SB1,9,10 10*IT IS ADJUDGED That the defendant shall be executed by lethal injection.
SB1,9,1211 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
12state prisons (county jail of .... county) for an indeterminate term of not more than.....
SB1,9,1513 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions
14program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
15and the following conditions:....
SB1,9,1816 *IT IS ADJUDGED That the defendant is hereby committed to detention in
17(the defendant's place of residence or place designated by judge) for a term of not
18more than....
SB1,9,2019 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
20costs of this action).
SB1,9,2121 *IT IS ADJUDGED That the defendant pay restitution to....
SB1,9,2322 *IT IS ADJUDGED That the defendant is restricted in his or her use of
23computers as follows:....
SB1,9,2524 *The .... at .... is designated as the Reception Center to which the defendant
25shall be delivered by the sheriff.
SB1,10,2
1*IT IS ORDERED That the clerk deliver a duplicate original of this judgment
2to the sheriff who shall forthwith execute the same and deliver it to the warden.
SB1,10,33 Dated this .... day of ...., 19...
SB1,10,44 BY THE COURT ....
SB1,10,55 Date of Offense ....,
SB1,10,66 District Attorney ....,
SB1,10,77 Defense Attorney ....
SB1,10,98 *Strike inapplicable paragraphs.
9 STATE OF WISCONSIN
SB1,10,1110 .... County
11 In .... Court
SB1,10,1312 The State of Wisconsin
13 vs.
SB1,10,1414 ....(Name of defendant)
SB1,10,1615 On the .... day of ...., 19.., the district attorney appeared for the state and the
16defendant appeared in person and by .... the defendant's attorney.
SB1,10,1717 UPON ALL THE FILES, RECORDS AND PROCEEDINGS
SB1,10,1918 IT IS ADJUDGED That the defendant has been found not guilty by the verdict
19of the jury (by the court) and is therefore ordered discharged forthwith.
SB1,10,2020 Dated this .... day of ...., 19...
SB1,10,2121 BY THE COURT ....
SB1, s. 32 22Section 32. 973.013 (1) (b) of the statutes is amended to read:
SB1,11,523 973.013 (1) (b) The sentence shall have the effect of a sentence at hard labor
24for the maximum term fixed by the court, subject to the power of actual release from
25confinement by parole by the department or by pardon as provided by law. If a person

1is sentenced for a definite time for an offense for which the person may be sentenced
2under this section, the person is in legal effect sentenced as required by this section,
3said definite time being the maximum period. A Except as provided in s. 973.015,
4a
defendant convicted of a crime for which the minimum penalty is life shall be
5sentenced for life.
SB1,11,6 6Section 33 973.0135 (3) of the statutes is amended to read:
SB1,11,87 973.0135 (3) A person is not subject to this section if the current serious felony
8is punishable by death or life imprisonment.
SB1, s. 34 9Section 34. 973.014 (1) (intro.) of the statutes is amended to read:
SB1,11,1310 973.014 (1) (intro.)  Except as provided in sub. (2) and s. 973.015, when a court
11sentences a person to life imprisonment for a crime committed on or after July 1,
121988, the court shall make a parole eligibility determination regarding the person
13and choose one of the following options:
SB1, s. 35 14Section 35. 973.015 of the statutes is renumbered 973.019.
SB1, s. 36 15Section 36. 973.015 of the statutes is created to read:
SB1,11,25 16973.015 Sentence of death or life imprisonment for class AA felony. (1)
17(a) Upon conviction of a defendant of a Class AA felony, the court shall conduct a
18separate sentencing proceeding to determine whether the defendant should be
19sentenced to death or life imprisonment. The trial judge shall conduct the proceeding
20before the trial jury, if there was a jury trial, as soon as practicable. If the trial jury
21is unable to reconvene for a hearing on the issue of the penalty, the trial judge may
22summon a new jury to determine the issue of the imposition of the penalty. If the trial
23jury has been waived, or if the defendant pleaded guilty, the court shall conduct the
24sentencing proceeding before a jury summoned for that purpose, unless waived by
25the defendant.
SB1,12,11
1(b) In the proceeding, the court shall admit any evidence that may be relevant
2to the sentence regarding any mitigating circumstance. The court shall admit any
3other evidence according to the rules of evidence applicable at a criminal trial. The
4court shall provide the defendant with a fair opportunity to rebut any hearsay
5statements. This subsection does not authorize the introduction of any evidence
6secured in violation of the state or federal constitution. The state has the burden of
7proof, beyond a reasonable doubt, regarding the existence of aggravating
8circumstances. The defendant has the burden of proof, by a preponderance of the
9evidence, regarding mitigating circumstances. The court shall permit the state and
10the defendant or his or her counsel to present arguments for or against a sentence
11of death.
SB1,12,15 12(2) (a) Unless the defendant waives the right to a jury, the jury shall deliberate
13after hearing all the evidence and, by a majority vote, shall render an advisory
14sentence to the court of life imprisonment or death, based upon the following
15matters:
SB1,12,1616 1. The existence of aggravating circumstances under sub. (5).
SB1,12,1717 2. The existence of mitigating circumstances under sub. (6).
SB1,12,2018 (b) If the jury recommends life imprisonment, it may further recommend
19restrictions on the defendant's eligibility for parole or recommend that the defendant
20not be eligible for parole.
SB1,12,2321 (c) Upon the request of the defendant or the state, the court shall explain to the
22jury the court's options under sub. (3) (c) to sentence the defendant to life without the
23possibility of parole or with delayed parole eligibility.
SB1,13,3 24(3) (a) Notwithstanding the recommendation of a majority of the jury, the court,
25after weighing the aggravating and mitigating circumstances, shall enter a sentence

1of life imprisonment or death, but if the court imposes a sentence of death, it shall
2set forth in writing its findings upon which the sentence of death is based as to the
3facts:
SB1,13,44 1. That sufficient aggravating circumstances exist under sub. (5); and
SB1,13,65 2. That there are insufficient mitigating circumstances under sub. (6) to
6outweigh the aggravating circumstances.
SB1,13,137 (b) In each case in which the court imposes the death sentence, the court must
8support its determination by specific written findings of fact based upon the
9circumstances in subs. (5) and (6) and upon the records of the trial and the sentencing
10proceedings. If the court does not make the findings requiring the death sentence,
11the court shall impose sentence of life imprisonment. If the court imposes life
12imprisonment, it may provide that the sentence is without the possibility of parole
13or choose any option under s. 973.014 (1).
SB1,13,19 14(4) If a death sentence is imposed, the judgment of conviction and sentence of
15death is subject to automatic review by the supreme court within 60 days after
16certification by the sentencing court of the entire record, unless the supreme court,
17for good cause shown, extends the time for an additional period not to exceed 30 days.
18The review by the supreme court has priority over all other cases and shall be heard
19in accordance with rules promulgated by the supreme court.
SB1,13,21 20(5) The court and jury shall consider one or more of the following as
21aggravating circumstances:
SB1,13,2322 (a) The Class AA felony was committed by a person under a sentence of
23imprisonment.
SB1,13,2424 (b) The defendant knowingly created a great risk of death to many persons.
SB1,14,2
1(c) The Class AA felony was committed for the purpose of avoiding or
2preventing a lawful arrest or effecting an escape from custody.
SB1,14,43 (d) The Class AA felony was committed to disrupt or hinder the lawful exercise
4of any governmental function or the enforcement of laws.
SB1,14,65 (e) The defendant intentionally caused bodily harm or mental anguish to the
6victim or another before the victim died.
SB1,14,87 (f) During the commission of the offense, the defendant enjoyed or was utterly
8indifferent to the suffering of another.
SB1,14,12 9(6) The court and jury shall consider as a mitigating factor any aspect of the
10defendant's character, background or record or any of the circumstances of the
11offense that the defendant offers as a basis for a sentence other than death.
12Mitigating circumstances may include, but are not limited to, any of the following:
SB1,14,1313 (a) The defendant has no significant history of prior criminal activity.
SB1,14,1514 (b) The Class AA felony was committed while the defendant was under the
15influence of extreme mental or emotional disturbance.
SB1,14,1716 (c) The victim was a participant in the defendant's conduct or consented to the
17act.
SB1,14,1918 (d) The defendant was an accomplice in the Class AA felony committed by
19another person and the defendant's participation was relatively minor.
SB1,14,2120 (e) The defendant acted under extreme duress or under the substantial
21domination of another person.
SB1,14,2422 (f) The capacity of the defendant to appreciate the criminality of his or her
23conduct or to conform his or her conduct to the requirements of law was substantially
24impaired.
SB1,14,2525 (g) The age of the defendant at the time of the crime.
SB1,15,3
1(7) The court that imposes a sentence of death shall set the date for execution.
2The defendant shall be committed to the Wisconsin state prisons pending the
3execution of the death sentence.
SB1,15,4 4(8) The execution of a death sentence shall be by lethal injection.
SB1, s. 37 5Section 37. 973.016 of the statutes is created to read:
SB1,15,7 6973.016 Stay of execution of death sentence. The execution of a death
7sentence may be stayed only by the governor or incident to an appeal.
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