LRB-3044/3
JEO:kaf:ijs
1997 - 1998 LEGISLATURE
January 6, 1998 - Introduced by Representatives F. Lasee, Ladwig, Brandemuehl,
Otte, Musser
and Albers, cosponsored by Senators Darling and Drzewiecki.
Referred to Committee on Criminal Justice and Corrections.
AB690,1,4 1An Act to renumber and amend 303.065 (1); to amend 304.02 (5), 304.071 (2)
2and 973.014 (1) (intro.); and to create 304.02 (3m), 940.01 (4) and 973.014 (1m)
3of the statutes; relating to: causing the death of children under certain
4circumstances and affecting parole eligibility.
Analysis by the Legislative Reference Bureau
Under current law, a person who causes the death of another human being with
intent to kill that person or another is guilty of first-degree intentional homicide and
must be sentenced to life imprisonment. A person serving a sentence of life
imprisonment usually must serve 20 years minus time calculated under the
mandatory release formula (currently set at two-thirds of the length of the sentence)
before he or she is eligible for release on parole. Thus, if the person does not receive
extensions due to violations of prison rules, he or she reaches parole eligibility after
serving 13 years, 4 months. However, a judge may set a parole eligibility date for a
person serving a life sentence that is later than the usual parole eligibility date or
may provide that the person is not eligible for parole.
This bill changes parole eligibility for persons who are convicted of certain
first-degree intentional homicides. Specifically, a person sentenced to life
imprisonment after a conviction for first-degree intentional homicide is not eligible
for parole until he or she has served 25 years if the victim of the homicide was a child
under the age of 16 years and if the convicted person was responsible for the welfare
of the child victim. As under current law, the sentencing court may set a parole

eligibility date that is later than 25 years or may provide that the person is not
eligible for parole.
For purposes of the parole eligibility changes made by the bill, a person
responsible for the welfare of a child includes the following: 1) the child's parent,
stepparent, guardian, foster parent or treatment foster parent; 2) an employe of a
public or private residential home, institution or agency; 3) a person legally
responsible for the child's welfare in a residential setting; and 4) a person employed
by one legally responsible for the child's welfare to exercise temporary control or care
for the child.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB690, s. 1 1Section 1. 303.065 (1) of the statutes is renumbered 303.065 (1) (intro.) and
2amended to read:
AB690,2,43 303.065 (1) (intro.) The department may grant work release privileges to any
4person incarcerated within the state prisons, except that no as follows:
AB690,2,7 5(a) No person serving a life sentence may be considered for work release until
6he or she has reached parole eligibility under s. 304.06 (1) (b) or 973.014 (1) (a) or (b)
7or (1m) (a) or (b), whichever is applicable, and no.
AB690,2,9 8(b) No person serving a life sentence under s. 939.62 (2m) or 973.014 (1) (c) or
9(1m) (c)
may be considered for work release.
AB690, s. 2 10Section 2. 304.02 (3m) of the statutes is created to read:
AB690,2,1411 304.02 (3m) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
12sentence under s. 973.014 (1m) (a) or (b) is not eligible for release to parole
13supervision under this section unless he or she has served at least 25 years of his or
14her sentence.
AB690, s. 3 15Section 3. 304.02 (5) of the statutes is amended to read:
AB690,3,3
1304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
2sentence under s. 939.62 (2m) or 973.014 (1) (c) or (1m) (c) is not eligible for release
3to parole supervision under this section.
AB690, s. 4 4Section 4. 304.071 (2) of the statutes is amended to read:
AB690,3,75 304.071 (2) If a prisoner is not eligible for parole under s. 939.62 (2m), 961.49
6(2), 973.014 (1) (c) or (1m) (c) or 973.032 (5), he or she is not eligible for parole under
7this section.
AB690, s. 5 8Section 5. 940.01 (4) of the statutes is created to read:
AB690,3,119 940.01 (4) Parole eligibility in certain cases. (a) A defendant convicted of a
10violation of sub. (1) committed on or after the effective date of this subsection ....
11[revisor inserts date], is subject to s. 973.014 (1m) if all of the following apply:
AB690,3,1312 1. The human being whose death is caused by the defendant was a child who
13had not attained the age of 16.
AB690,3,1514 2. At the time he or she caused the child's death, the defendant was a person
15responsible for the child's welfare, as defined in s. 948.01 (3).
AB690,3,1716 (b) The court shall direct that the trier of fact find a special verdict as to all of
17the issues specified in par. (a).
AB690, s. 6 18Section 6. 973.014 (1) (intro.) of the statutes is amended to read:
AB690,3,2219 973.014 (1) (intro.)  Except as provided in sub. subs. (1m) and (2), when a court
20sentences a person to life imprisonment for a crime committed on or after July 1,
211988, the court shall make a parole eligibility determination regarding the person
22and choose one of the following options:
AB690, s. 7 23Section 7. 973.014 (1m) of the statutes is created to read:
AB690,4,224 973.014 (1m) When a court sentences a person to life imprisonment for a
25violation of s. 940.01 (1) to which s. 940.01 (4) applies, the court shall make a parole

1eligibility determination regarding the person and choose one of the following
2options:
AB690,4,33 (a) The person is eligible for parole after he or she has served 25 years.
AB690,4,74 (b) The person is eligible for parole on a date set by the court. Under this
5paragraph, the court may set any later date than that provided in par. (a), but may
6not set a date that occurs before the earliest possible parole eligibility date as
7calculated under par. (a).
AB690,4,88 (c) The person is not eligible for parole.
AB690,4,99 (End)
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