AB724: Bill Text

AB724, s. 4 Section 4. 302.114 (1) of the statutes is amended to read:

AB724,3,10 302.114 (1) An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1g) (a) 3. or awaiting imposition of a death sentence is not eligible for release to extended supervision under this section.

AB724, s. 5 Section 5. 303.065 (1) (b) 2. of the statutes is amended to read:

AB724,3,14 303.065 (1) (b) 2. A person serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) (a) 3. or awaiting imposition of a death sentence may not be considered for work release.

AB724, s. 6 Section 6. 304.02 (5) of the statutes is amended to read:

AB724,3,18 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) or awaiting imposition of a death sentence is not eligible for release to parole supervision under this section.

AB724, s. 7 Section 7. 304.06 (1) (b) of the statutes is amended to read:

AB724,4,9 304.06 (1) (b) Except as provided in sub. (1m) or (1t) or s. 302.045 (3), 961.49 (2), 973.01 (6) 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 s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), 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 under s. 302.11 (1q) and (2), if applicable. 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.

AB724, s. 8 Section 8. 304.06 (1t) of the statutes is created to read:

AB724,4,12 304.06 (1t) The parole commission may not parole an inmate who is awaiting imposition of a death sentence.

AB724, s. 9 Section 9. 304.071 (2) of the statutes is amended to read:

AB724,4,16 304.071 (2) If a prisoner is not eligible for parole under s. 304.06 (1t), 939.62 (2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not eligible for parole under this section.

AB724, s. 10 Section 10. 939.22 (7) of the statutes is created to read:

AB724,4,19 939.22 (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.

AB724, s. 11 Section 11. 939.30 (2) of the statutes is amended to read:

AB724,4,23 939.30 (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.

AB724, s. 12 Section 12. 939.31 of the statutes is amended to read:

AB724,5,7 939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) and 961.41 (1x), 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.

AB724, s. 13 Section 13. 939.32 (1) (a) of the statutes is amended to read:

AB724,5,10 939.32 (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.

AB724, s. 14 Section 14. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).

AB724, s. 15 Section 15. 939.50 (1) (ag) of the statutes is created to read:

AB724,5,13 939.50 (1) (ag) Class AA felony.

AB724, s. 16 Section 16. 939.50 (2) of the statutes is amended to read:

AB724,5,16 939.50 (2) A felony is a Class AA, A, B, BC, C, D or E felony when it is so specified in chs. 939 to 951.

AB724, s. 17 Section 17. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).

AB724, s. 18 Section 18. 939.50 (3) (ag) of the statutes is created to read:

AB724,5,20 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined under s. 973.015.

AB724, s. 19 Section 19. 939.60 of the statutes is amended to read:

AB724,5,24 939.60 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.

AB724, s. 20 Section 20. 939.624 (2) of the statutes is amended to read:

AB724,6,6 939.624 (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.

AB724, s. 21 Section 21. 939.625 (1) (b) 2. of the statutes is amended to read:

AB724,6,10 939.625 (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.

AB724, s. 22 Section 22. 939.63 (1) (a) 2. of the statutes is amended to read:

AB724,6,14 939.63 (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.

AB724, s. 23 Section 23. 940.01 (1) (a) of the statutes is amended to read:

AB724,6,18 940.01 (1) (a) Except as provided in sub. subs. (1m) and (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.

AB724, s. 24 Section 24. 940.01 (1) (b) of the statutes is amended to read:

AB724,6,22 940.01 (1) (b) Except as provided in sub. subs. (1m) and (2), whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class A felony.

AB724, s. 25 Section 25. 940.01 (1m) of the statutes is created to read:

AB724,6,25 940.01 (1m) Penalty for repeat offenders. (a) In this subsection, "intentional homicide" means any of the following:

AB724,7,1 1. A violation of this section.

AB724,7,3 2. A crime under federal law, the law of another state or, prior to January 1, 1989, a law of this state that is comparable to a crime specified in this section.

AB724,7,8 (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 he or she has been convicted of intentional homicide on one or more separate occasions at any time preceding the offense for which he or she presently is being sentenced.

AB724,7,17 (bm) To be considered as a previous conviction under par. (b), the conviction must remain of record and unreversed. It is immaterial that the sentence for the previous conviction was stayed, withheld or suspended, or that he or she was pardoned, unless the pardon was granted on the ground of innocence. If a previous conviction is considered to be covered under par. (a) 2. as comparable to a violation of this section, the conviction may be counted as a prior conviction under par. (b) only if the court determines, beyond a reasonable doubt, that the violation relating to that conviction would constitute a violation of this section if committed by a person over whom a court of criminal jurisdiction would have exercised original jurisdiction.

AB724,7,19 (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.

AB724,7,21 (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.

AB724, s. 26 Section 26. 940.01 (3) of the statutes is amended to read:

AB724,8,2 940.01 (3) Burden of proof. When the existence of an affirmative defense under sub. (2) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the defense did not exist in order to sustain a finding of guilt under sub. (1) or (1m).

AB724, s. 27 Section 27. 961.335 (1) of the statutes is amended to read:

AB724,8,14 961.335 (1) Upon Except as provided in sub. (1m), upon application the controlled substances board may issue a permit authorizing a person to manufacture, obtain, possess, use, administer or dispense a controlled substance for purposes of scientific research, instructional activities, chemical analysis or other special uses, without restriction because of enumeration. No person shall engage in any such activity without a permit issued under this section, except that an individual may be designated and authorized to receive the permit for a college or university department, research unit or similar administrative organizational unit and students, laboratory technicians, research specialists or chemical analysts under his or her supervision may be permitted possession and use of controlled substances for these purposes without obtaining an individual permit.

AB724, s. 28 Section 28. 961.335 (1m) of the statutes is created to read:

AB724,8,18 961.335 (1m) Upon the application of the secretary of corrections for a permit to obtain a controlled substance for purposes of an execution under s. 973.017, the controlled substances board shall issue a permit under this section.

AB724, s. 29 Section 29. 967.02 (1m) of the statutes is created to read:

AB724,8,21 967.02 (1m) "Crime punishable by death or life imprisonment" has the meaning given in s. 939.22 (7).

AB724, s. 30 Section 30. 971.17 (1) of the statutes is amended to read:

AB724,9,8 971.17 (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 family 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. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and other penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155. If the maximum term of imprisonment is crime is punishable by death or life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

AB724, s. 31 Section 31. 972.03 of the statutes is amended to read:

AB724,9,24 972.03 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 felony cases 6 challenges if there are only 2 defendants and 9 challenges if there are more than 2. In misdemeanor cases, the state is entitled to 3 peremptory challenges and the defendant is entitled to 3 peremptory challenges, except that if there are 2 defendants, the court shall allow the defense 4 peremptory challenges, and if there are more than 2 defendants, the court shall allow the defense 6 peremptory challenges. Each side shall be allowed one additional peremptory challenge if additional jurors are to be selected under s. 972.04 (1).

AB724, s. 32 Section 32. 972.13 (6) of the statutes is amended to read:

AB724,10,4 972.13 (6) The following forms may be used for judgments:

AB724,10,5 STATE OF WISCONSIN

AB724,10,6 .... County

AB724,10,7 In.... Court

AB724,10,8 The State of Wisconsin

AB724,10,9 vs.

AB724,10,10 ....(Name of defendant)

AB724,10,11 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

AB724,10,17 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...., .... (year), 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.

AB724,10,18 *IT IS ADJUDGED That the defendant is guilty as convicted.

AB724,10,19 *IT IS ADJUDGED That the defendant shall be executed by lethal injection.

AB724,10,21 *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.....

AB724,10,24 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated sentence consisting of .... year(s) of confinement in prison and .... months/years of extended supervision.

AB724,11,3 *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:....

AB724,11,6 *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....

AB724,11,8 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the department of corrections under section 939.615 of the Wisconsin Statutes.

AB724,11,10 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

AB724,11,11 *IT IS ADJUDGED That the defendant pay restitution to....

AB724,11,13 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

AB724,11,15 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

AB724,11,17 *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.

AB724,11,18 Dated this.... day of...., .... (year)

AB724,11,19 BY THE COURT....

AB724,11,20 Date of Offense....,

AB724,11,21 District Attorney....,

AB724,11,22 Defense Attorney....

AB724,11,23 *Strike inapplicable paragraphs.

AB724,11,24 STATE OF WISCONSIN