SB153,15,2020 2. The existence of mitigating circumstances under sub. (6).
SB153,15,2321 (b) If the jury recommends life imprisonment, it may further recommend
22restrictions on the defendant's eligibility for parole or extended supervision or
23recommend that the defendant not be eligible for parole or extended supervision.
SB153,16,224 (c) Upon the request of the defendant or the state, the court shall explain to the
25jury the court's options under sub. (3) (c) to sentence the defendant to life without the

1possibility of parole or extended supervision or with delayed eligibility for parole or
2extended supervision.
SB153,16,7 3(3) (a) Notwithstanding the recommendation of a majority of the jury, the court,
4after weighing the aggravating and mitigating circumstances, shall enter a sentence
5of life imprisonment or death, but if the court imposes a sentence of death, it shall
6set forth in writing its findings upon which the sentence of death is based as to the
7facts:
SB153,16,88 1. That sufficient aggravating circumstances exist under sub. (5); and
SB153,16,109 2. That there are insufficient mitigating circumstances under sub. (6) to
10outweigh the aggravating circumstances.
SB153,16,1411 (b) In each case in which the court imposes the death sentence, the court must
12support its determination by specific written findings of fact based upon the
13circumstances in subs. (5) and (6) and upon the records of the trial and the sentencing
14proceedings.
SB153,16,2315 (c) If the court does not make the findings requiring the death sentence, the
16court shall impose a sentence of life imprisonment and shall make a parole eligibility
17determination regarding the person if he or she is being sentenced for a crime
18committed before December 31, 1999, or an extended supervision eligibility
19determination regarding the person if he or she is being sentenced for a crime
20committed on or after December 31, 1999. The court shall make a parole eligibility
21determination under this paragraph by choosing one of the options specified in s.
22973.014 (1). The court shall make an extended supervision eligibility determination
23under this paragraph by choosing one of the options specified in s. 973.014 (1g) (a).
SB153,17,4 24(4) If a death sentence is imposed, the judgment of conviction and sentence of
25death is subject to automatic review by the supreme court within 60 days after

1certification by the sentencing court of the entire record, unless the supreme court,
2for good cause shown, extends the time for an additional period not to exceed 30 days.
3The review by the supreme court has priority over all other cases and shall be heard
4in accordance with rules promulgated by the supreme court.
SB153,17,6 5(5) The court and jury shall consider one or more of the following as
6aggravating circumstances:
SB153,17,87 (a) The Class AA felony was committed by a person under a sentence of
8imprisonment.
SB153,17,99 (b) The defendant knowingly created a great risk of death to many persons.
SB153,17,1110 (c) The Class AA felony was committed for the purpose of avoiding or
11preventing a lawful arrest or effecting an escape from custody.
SB153,17,1312 (d) The Class AA felony was committed to disrupt or hinder the lawful exercise
13of any governmental function or the enforcement of laws.
SB153,17,1514 (e) The defendant intentionally caused bodily harm or mental anguish to the
15victim or another before the victim died.
SB153,17,1716 (f) During the commission of the offense, the defendant enjoyed or was utterly
17indifferent to the suffering of another.
SB153,17,21 18(6) The court and jury shall consider as a mitigating factor any aspect of the
19defendant's character, background or record or any of the circumstances of the
20offense that the defendant offers as a basis for a sentence other than death.
21Mitigating circumstances may include, but are not limited to, any of the following:
SB153,17,2222 (a) The defendant has no significant history of prior criminal activity.
SB153,17,2423 (b) The Class AA felony was committed while the defendant was under the
24influence of extreme mental or emotional disturbance.
SB153,18,2
1(c) The victim was a participant in the defendant's conduct or consented to the
2act.
SB153,18,43 (d) The defendant was an accomplice in the Class AA felony committed by
4another person and the defendant's participation was relatively minor.
SB153,18,65 (e) The defendant acted under extreme duress or under the substantial
6domination of another person.
SB153,18,97 (f) The capacity of the defendant to appreciate the criminality of his or her
8conduct or to conform his or her conduct to the requirements of law was substantially
9impaired.
SB153,18,1010 (g) The age of the defendant at the time of the crime.
SB153,18,13 11(7) The court that imposes a sentence of death shall set the date for execution.
12The defendant shall be committed to the Wisconsin state prisons pending the
13execution of the death sentence.
SB153,18,16 14(7m) A person sentenced to death under this section for a crime committed on
15or after December 31, 1999, is not eligible for release to extended supervision under
16s. 302.113 or 302.114.
SB153,18,17 17(8) The execution of a death sentence shall be by lethal injection.
SB153, s. 43 18Section 43. 973.016 of the statutes is created to read:
SB153,18,20 19973.016 Stay of execution of death sentence. The execution of a death
20sentence may be stayed only by the governor or incident to an appeal.
SB153, s. 44 21Section 44. 973.017 of the statutes is created to read:
SB153,19,9 22973.017 Execution of death sentence. The secretary of corrections shall
23designate the executioner who shall provide a person subject to a death sentence with
24an intravenous injection of one or more substances in a lethal quantity. A person is
25immune from civil or criminal liability for his or her acts or omissions, in good faith,

1in regard to a lawful execution under this section. The secretary shall designate 12
2citizens to witness the execution. The secretary may not direct a physician to be
3present or require a physician to announce when death has occurred. A physician
4may certify the death after a person, other than a physician, has determined or
5pronounced death. The convicted person may request that certain additional people
6be allowed to witness the execution. The secretary shall grant any such reasonable
7request. The secretary may allow representatives of the news media to witness the
8execution under rules of the department. No other persons may be allowed to witness
9the execution.
SB153, s. 45 10Section 45. 973.032 (2) (b) of the statutes is amended to read:
SB153,19,1311 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence a person
12under sub. (1) if he or she is convicted of a felony punishable by death or life
13imprisonment.
SB153, s. 46 14Section 46. 973.09 (1) (c) of the statutes is amended to read:
SB153,19,1615 973.09 (1) (c) When a person is convicted of any crime which that is punishable
16by death or life imprisonment, the court shall may not place the person on probation.
SB153, s. 47 17Section 47. 978.07 (1) (c) 1. of the statutes is amended to read:
SB153,19,2418 978.07 (1) (c) 1. Any case record of a felony punishable by death or life
19imprisonment or a related case, after the defendant's parole eligibility date under s.
20304.06 (1) or, 973.014 (1) or 973.015 (3) (c) or date of eligibility for release to extended
21supervision under s. 973.014 (1g) (a) 1. or 2. or 973.015 (3) (c), whichever is
22applicable, or 50 years after the commencement of the action, whichever occurs later.
23If there is no parole eligibility date or no date for release to extended supervision, the
24district attorney may destroy the case record after the defendant's death.
SB153, s. 48 25Section 48. Initial applicability.
SB153,20,2
1(1) This act first applies to offenses committed on the effective date of this
2subsection.
SB153,20,33 (End)
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