AB724,8,223 940.01 (3) Burden of proof. When the existence of an affirmative defense
24under sub. (2) has been placed in issue by the trial evidence, the state must prove

1beyond a reasonable doubt that the facts constituting the defense did not exist in
2order to sustain a finding of guilt under sub. (1) or (1m).
AB724, s. 27 3Section 27. 961.335 (1) of the statutes is amended to read:
AB724,8,144 961.335 (1) Upon Except as provided in sub. (1m), upon application the
5controlled substances board may issue a permit authorizing a person to
6manufacture, obtain, possess, use, administer or dispense a controlled substance for
7purposes of scientific research, instructional activities, chemical analysis or other
8special uses, without restriction because of enumeration. No person shall engage in
9any such activity without a permit issued under this section, except that an
10individual may be designated and authorized to receive the permit for a college or
11university department, research unit or similar administrative organizational unit
12and students, laboratory technicians, research specialists or chemical analysts
13under his or her supervision may be permitted possession and use of controlled
14substances for these purposes without obtaining an individual permit.
AB724, s. 28 15Section 28. 961.335 (1m) of the statutes is created to read:
AB724,8,1816 961.335 (1m) Upon the application of the secretary of corrections for a permit
17to obtain a controlled substance for purposes of an execution under s. 973.017, the
18controlled substances board shall issue a permit under this section.
AB724, s. 29 19Section 29. 967.02 (1m) of the statutes is created to read:
AB724,8,2120 967.02 (1m) "Crime punishable by death or life imprisonment" has the
21meaning given in s. 939.22 (7).
AB724, s. 30 22Section 30. 971.17 (1) of the statutes is amended to read:
AB724,9,823 971.17 (1) Commitment period. When a defendant is found not guilty by reason
24of mental disease or mental defect, the court shall commit the person to the
25department of health and family services for a specified period not exceeding

1two-thirds of the maximum term of imprisonment that could be imposed under s.
2973.15 (2) (a) against an offender convicted of the same crime or crimes, including
3imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621,
4939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and
5other penalty enhancement statutes, as applicable, subject to the credit provisions
6of s. 973.155. If the maximum term of imprisonment is crime is punishable by death
7or
life imprisonment, the commitment period specified by the court may be life,
8subject to termination under sub. (5).
AB724, s. 31 9Section 31. 972.03 of the statutes is amended to read:
AB724,9,24 10972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
11challenges except as otherwise provided in this section. When the crime charged is
12punishable by death or life imprisonment, the state is entitled to 6 peremptory
13challenges and the defendant is entitled to 6 peremptory challenges. If there is more
14than one defendant, the court shall divide the challenges as equally as practicable
15among them; and if their defenses are adverse and the court is satisfied that the
16protection of their rights so requires, the court may allow the defendants additional
17challenges. If the crime is punishable by death or life imprisonment, the total
18peremptory challenges allowed the defense shall not exceed 12 if there are only 2
19defendants and 18 if there are more than 2 defendants; in other felony cases 6
20challenges if there are only 2 defendants and 9 challenges if there are more than 2.
21In misdemeanor cases, the state is entitled to 3 peremptory challenges and the
22defendant is entitled to 3 peremptory challenges, except that if there are 2
23defendants, the court shall allow the defense 4 peremptory challenges, and if there
24are more than 2 defendants, the court shall allow the defense 6 peremptory

1challenges. Each side shall be allowed one additional peremptory challenge if
2additional jurors are to be selected under s. 972.04 (1).
AB724, s. 32 3Section 32. 972.13 (6) of the statutes is amended to read:
AB724,10,44 972.13 (6) The following forms may be used for judgments:
AB724,10,55 STATE OF WISCONSIN
AB724,10,66 .... County
AB724,10,77 In.... Court
AB724,10,88 The State of Wisconsin
AB724,10,1010 ....(Name of defendant)
AB724,10,1111 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
AB724,10,1712 IT IS ADJUDGED That the defendant has been convicted upon the defendant's
13plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
14(no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and
15the court having asked the defendant whether the defendant has anything to state
16why sentence should not be pronounced, and no sufficient grounds to the contrary
17being shown or appearing to the court.
AB724,10,1818 *IT IS ADJUDGED That the defendant is guilty as convicted.
AB724,10,19 19*IT IS ADJUDGED That the defendant shall be executed by lethal injection.
AB724,10,2120 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
21state prisons (county jail of.... county) for an indeterminate term of not more than.....
AB724,10,2422 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
23sentence consisting of .... year(s) of confinement in prison and .... months/years of
24extended supervision.
AB724,11,3
1*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
2program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
3and the following conditions:....
AB724,11,64 *IT IS ADJUDGED That the defendant is hereby committed to detention in
5(the defendant's place of residence or place designated by judge) for a term of not
6more than....
AB724,11,87 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the
8department of corrections under section 939.615 of the Wisconsin Statutes.
AB724,11,109 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
10costs of this action).
AB724,11,1111 *IT IS ADJUDGED That the defendant pay restitution to....
AB724,11,1312 *IT IS ADJUDGED That the defendant is restricted in his or her use of
13computers as follows:....
AB724,11,1514 *The.... at.... is designated as the Reception Center to which the defendant shall
15be delivered by the sheriff.
AB724,11,1716 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment
17to the sheriff who shall forthwith execute the same and deliver it to the warden.
AB724,11,1818 Dated this.... day of...., .... (year)
AB724,11,1919 BY THE COURT....
AB724,11,2020 Date of Offense....,
AB724,11,2121 District Attorney....,
AB724,11,2222 Defense Attorney....
AB724,11,2323 *Strike inapplicable paragraphs.
AB724,11,2424 STATE OF WISCONSIN
AB724,11,2525 .... County
AB724,12,1
1In.... Court
AB724,12,22 The State of Wisconsin
AB724,12,44 ....(Name of defendant)
AB724,12,65 On the.... day of...., .... (year), the district attorney appeared for the state and
6the defendant appeared in person and by.... the defendant's attorney.
AB724,12,77 UPON ALL THE FILES, RECORDS AND PROCEEDINGS
AB724,12,98 IT IS ADJUDGED That the defendant has been found not guilty by the verdict
9of the jury (by the court) and is therefore ordered discharged forthwith.
AB724,12,1010 Dated this.... day of...., .... (year)
AB724,12,1111 BY THE COURT....
AB724, s. 33 12Section 33. 973.01 (3) of the statutes is amended to read:
AB724,12,1613 973.01 (3) Not applicable to life or death sentences. If a person is being
14sentenced for a felony that is punishable by death or life imprisonment, he or she is
15not subject to this section but shall be sentenced under s. 973.014 (1g) or 973.015,
16whichever is applicable
.
AB724, s. 34 17Section 34. 973.013 (1) (b) of the statutes is amended to read:
AB724,12,2518 973.013 (1) (b) Except as provided in s. 973.01, the sentence shall have the
19effect of a sentence at hard labor for the maximum term fixed by the court, subject
20to the power of actual release from confinement by parole by the department or by
21pardon as provided by law. If a person is sentenced for a definite time for an offense
22for which the person may be sentenced under this section, the person is in legal effect
23sentenced as required by this section, said definite time being the maximum period.
24 A Except as provided in s. 973.015, a defendant convicted of a crime for which the
25minimum penalty is life shall be sentenced for life.
AB724,13,1
1Section 35 973.0135 (3) of the statutes is amended to read:
AB724,13,32 973.0135 (3) A person is not subject to this section if the current serious felony
3is punishable by death or life imprisonment.
AB724, s. 36 4Section 36. 973.015 of the statutes is renumbered 973.019.
AB724, s. 37 5Section 37. 973.015 of the statutes is created to read:
AB724,13,15 6973.015 Sentence of death or life imprisonment for Class AA felony. (1)
7(a) Upon conviction of a defendant of a Class AA felony, the court shall conduct a
8separate sentencing proceeding to determine whether the defendant should be
9sentenced to death or life imprisonment. The trial judge shall conduct the proceeding
10before the trial jury, if there was a jury trial, as soon as practicable. If the trial jury
11is unable to reconvene for a hearing on the issue of the penalty, the trial judge may
12summon a new jury to determine the issue of the imposition of the penalty. If the trial
13jury has been waived, or if the defendant pleaded guilty, the court shall conduct the
14sentencing proceeding before a jury summoned for that purpose unless the
15defendant waives a jury.
AB724,14,216 (b) In the proceeding, the court shall admit any evidence that may be relevant
17to the sentence regarding any mitigating circumstance. The court shall admit any
18other evidence according to the rules of evidence applicable at a criminal trial. The
19court shall provide the defendant with a fair opportunity to rebut any hearsay
20statements. This paragraph does not authorize the introduction of any evidence
21secured in violation of the state or federal constitution. The state has the burden of
22proof, beyond a reasonable doubt, regarding the existence of aggravating
23circumstances. The defendant has the burden of proof, by a preponderance of the
24evidence, regarding mitigating circumstances. The court shall permit the state and

1the defendant or his or her counsel to present arguments for or against a sentence
2of death.
AB724,14,6 3(2) (a) Unless the defendant waives the right to a jury, the jury shall deliberate
4after hearing all of the evidence and, by a majority vote, shall render an advisory
5sentence to the court of life imprisonment or death, based upon the following
6matters:
AB724,14,77 1. The existence of aggravating circumstances under sub. (5).
AB724,14,88 2. The existence of mitigating circumstances under sub. (6).
AB724,14,119 (b) If the jury recommends life imprisonment, it may further recommend
10restrictions on the defendant's eligibility for parole or extended supervision or
11recommend that the defendant not be eligible for parole or extended supervision.
AB724,14,1512 (c) Upon the request of the defendant or the state, the court shall explain to the
13jury the court's options under sub. (3) (c) to sentence the defendant to life without the
14possibility of parole or extended supervision or with delayed parole or extended
15supervision eligibility.
AB724,14,20 16(3) (a) Notwithstanding the recommendation of a majority of the jury, the court,
17after weighing the aggravating and mitigating circumstances, shall enter a sentence
18of life imprisonment or death, but if the court imposes a sentence of death, it shall
19set forth in writing its findings upon which the sentence of death is based as to the
20facts:
AB724,14,2121 1. That sufficient aggravating circumstances exist under sub. (5); and
AB724,14,2322 2. That there are insufficient mitigating circumstances under sub. (6) to
23outweigh the aggravating circumstances.
AB724,15,224 (b) In each case in which the court imposes the death sentence, the court must
25support its determination by specific written findings of fact based upon the

1circumstances in subs. (5) and (6) and upon the records of the trial and the sentencing
2proceedings.
AB724,15,53 (c) If the court does not make the findings requiring the death sentence, the
4court shall impose a sentence of life imprisonment as provided under s. 973.014 (1)
5or (1g), whichever is applicable.
AB724,15,11 6(4) If a death sentence is imposed, the judgment of conviction and sentence of
7death is subject to automatic review by the supreme court within 60 days after
8certification by the sentencing court of the entire record, unless the supreme court,
9for good cause shown, extends the time for an additional period not to exceed 30 days.
10The review by the supreme court has priority over all other cases and shall be heard
11in accordance with rules promulgated by the supreme court.
AB724,15,13 12(5) The court and jury shall consider one or more of the following as
13aggravating circumstances:
AB724,15,1514 (a) The Class AA felony was committed by a person under a sentence of
15imprisonment.
AB724,15,1616 (b) The defendant knowingly created a great risk of death to many persons.
AB724,15,1817 (c) The Class AA felony was committed for the purpose of avoiding or
18preventing a lawful arrest or effecting an escape from custody.
AB724,15,2019 (d) The Class AA felony was committed to disrupt or hinder the lawful exercise
20of any governmental function or the enforcement of laws.
AB724,15,2221 (e) The defendant intentionally caused bodily harm or mental anguish to the
22victim or another before the victim died.
AB724,15,2423 (f) During the commission of the offense, the defendant enjoyed or was utterly
24indifferent to the suffering of another.
AB724,16,4
1(6) The court and jury shall consider as a mitigating factor any aspect of the
2defendant's character, background or record or any of the circumstances of the
3offense that the defendant offers as a basis for a sentence other than death.
4Mitigating circumstances may include, but are not limited to, any of the following:
AB724,16,55 (a) The defendant has no significant history of prior criminal activity.
AB724,16,76 (b) The Class AA felony was committed while the defendant was under the
7influence of extreme mental or emotional disturbance.
AB724,16,98 (c) The victim was a participant in the defendant's conduct or consented to the
9act.
AB724,16,1110 (d) The defendant was an accomplice in the Class AA felony committed by
11another person and the defendant's participation was relatively minor.
AB724,16,1312 (e) The defendant acted under extreme duress or under the substantial
13domination of another person.
AB724,16,1614 (f) The capacity of the defendant to appreciate the criminality of his or her
15conduct or to conform his or her conduct to the requirements of law was substantially
16impaired.
AB724,16,1717 (g) The age of the defendant at the time of the crime.
AB724,16,20 18(7) The court that imposes a sentence of death shall set the date for execution.
19The defendant shall be committed to the Wisconsin state prisons pending the
20execution of the death sentence.
AB724,16,21 21(8) The execution of a death sentence shall be by lethal injection.
AB724, s. 38 22Section 38. 973.016 of the statutes is created to read:
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