SB153,8,1412 939.63 (1) (a) 2. If the maximum term of imprisonment for a felony is more than
135 years or is a life term or the felony is punishable by death, the maximum term of
14imprisonment for the felony may be increased by not more than 5 years.
SB153, s. 28 15Section 28. 940.01 (1) (a) of the statutes is renumbered 940.01 (1) (a) 1. and
16amended to read:
SB153,8,1917 940.01 (1) (a) 1. Except as provided in subd. 2. and sub. (2), whoever causes the
18death of another human being with intent to kill that person or another is guilty of
19a Class A felony.
SB153, s. 29 20Section 29. 940.01 (1) (a) 2., 3. and 4. of the statutes are created to read:
SB153,8,2321 940.01 (1) (a) 2. Except as provided in subds. 3. and 4. and sub. (2), whoever
22causes the death of another human being with intent to kill that person or another
23is guilty of a Class AA felony if the victim has not attained the age of 16 years.
SB153,8,2524 3. Notwithstanding s. 939.05, a person is subject to subd. 2. as a party to a crime
25only if that person had intended that a person be killed.
SB153,9,2
14. A person is subject to subd. 2. only if the person is 16 years old or older when
2he or she commits the offense.
SB153, s. 30 3Section 30. 940.01 (1) (b) of the statutes is renumbered 940.01 (1) (b) 1. and
4amended to read:
SB153,9,85 940.01 (1) (b) 1. Except as provided in subds. 2. and 3. and sub. (2), whoever
6causes the death of an unborn child with intent to kill that unborn child, kill the
7woman who is pregnant with that unborn child or kill another is guilty of a Class
8 A AA felony.
SB153, s. 31 9Section 31. 940.01 (1) (b) 2. and 3. of the statutes are created to read:
SB153,9,1410 940.01 (1) (b) 2. Notwithstanding s. 939.05, a person charged under subd. 1.
11as a party to a crime is guilty of a Class AA felony only if that person had intended
12that a person or an unborn child be killed. If a person charged as a party to a crime
13under subd. 1. did not intend that a person or an unborn child be killed, he or she is
14guilty of a Class A felony.
SB153,9,1815 3. A person charged under subd. 1. is guilty of a Class AA felony only if the
16person is 16 years old or older when he or she commits the offense. If a person
17charged under subd. 1. is not 16 years old or older when he or she commits the offense,
18he or she is guilty of a Class A felony.
SB153, s. 32 19Section 32. 961.335 (1) of the statutes is amended to read:
SB153,9,2520 961.335 (1) Upon Except as provided in sub. (1m), upon application, the
21controlled substances board may issue a permit authorizing a person to
22manufacture, obtain, possess, use, administer or dispense a controlled substance for
23purposes of scientific research, instructional activities, chemical analysis or other
24special uses, without restriction because of enumeration. No person shall may
25engage in any such activity without a permit issued under this section, except that

1an individual may be designated and authorized to receive the permit for a college
2or university department, research unit or similar administrative organizational
3unit and students, laboratory technicians, research specialists or chemical analysts
4under his or her supervision may be permitted possession and use of controlled
5substances for these purposes without obtaining an individual permit.
SB153, s. 33 6Section 33. 961.335 (1m) of the statutes is created to read:
SB153,10,97 961.335 (1m) Upon application of the secretary of corrections for a permit to
8obtain a controlled substance for purposes of an execution under s. 973.017, the
9controlled substances board shall issue a permit under this section.
SB153, s. 34 10Section 34. 967.02 (1m) of the statutes is created to read:
SB153,10,1211 967.02 (1m) "Crime punishable by death or life imprisonment" has the
12meaning given in s. 939.22 (7).
SB153, s. 35 13Section 35. 971.17 (1) of the statutes is amended to read:
SB153,10,2414 971.17 (1) Commitment period. When a defendant is found not guilty by reason
15of mental disease or mental defect, the court shall commit the person to the
16department of health and family services for a specified period not exceeding
17two-thirds of the maximum term of imprisonment that could be imposed under s.
18973.15 (2) (a) against an offender convicted of the same crime or crimes, including
19imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621,
20939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and
21other penalty enhancement statutes, as applicable, subject to the credit provisions
22of s. 973.155. If the maximum term of imprisonment is crime is punishable by death
23or
life imprisonment, the commitment period specified by the court may be life,
24subject to termination under sub. (5).
SB153, s. 36 25Section 36. 972.03 of the statutes is amended to read:
SB153,11,17
1972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
2challenges except as otherwise provided in this section. When the crime charged is
3punishable by death or life imprisonment, the state is entitled to 6 peremptory
4challenges and the defendant is entitled to 6 peremptory challenges. If there is more
5than one defendant, the court shall divide the challenges as equally as practicable
6among them; and if their defenses are adverse and the court is satisfied that the
7protection of their rights so requires, the court may allow the defendants additional
8challenges. If the crime is punishable by death or life imprisonment, the total
9peremptory challenges allowed the defense shall not exceed 12 if there are only 2
10defendants and 18 if there are more than 2 defendants; in other felony cases 6
11challenges if there are only 2 defendants and 9 challenges if there are more than 2.
12In misdemeanor cases, the state is entitled to 3 peremptory challenges and the
13defendant is entitled to 3 peremptory challenges, except that if there are 2
14defendants, the court shall allow the defense 4 peremptory challenges, and if there
15are more than 2 defendants, the court shall allow the defense 6 peremptory
16challenges. Each side shall be allowed one additional peremptory challenge if
17additional jurors are to be selected under s. 972.04 (1).
SB153, s. 37 18Section 37. 972.13 (6) of the statutes is amended to read:
SB153,11,1919 972.13 (6) The following forms may be used for judgments:
SB153,11,2020 STATE OF WISCONSIN
SB153,11,2121 .... County
SB153,11,2222 In.... Court
SB153,11,2323 The State of Wisconsin
SB153,11,2525 ....(Name of defendant)
SB153,12,1
1UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
SB153,12,72 IT IS ADJUDGED That the defendant has been convicted upon the defendant's
3plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
4(no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and
5the court having asked the defendant whether the defendant has anything to state
6why sentence should not be pronounced, and no sufficient grounds to the contrary
7being shown or appearing to the court.
SB153,12,88 *IT IS ADJUDGED That the defendant is guilty as convicted.
SB153,12,9 9*IT IS ADJUDGED That the defendant shall be executed by lethal injection.
SB153,12,1110 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
11state prisons (county jail of.... county) for an indeterminate term of not more than.....
SB153,12,1412 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
13sentence consisting of .... year(s) of confinement in prison and .... months/years of
14extended supervision.
SB153,12,1715 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions
16program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
17and the following conditions:....
SB153,12,2018 *IT IS ADJUDGED That the defendant is hereby committed to detention in
19(the defendant's place of residence or place designated by judge) for a term of not
20more than....
SB153,12,2221 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the
22department of corrections under section 939.615 of the Wisconsin Statutes.
SB153,12,2423 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
24costs of this action).
SB153,12,2525 *IT IS ADJUDGED That the defendant pay restitution to....
SB153,13,2
1*IT IS ADJUDGED That the defendant is restricted in his or her use of
2computers as follows:....
SB153,13,43 *The.... at.... is designated as the Reception Center to which the defendant shall
4be delivered by the sheriff.
SB153,13,65 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment
6to the sheriff who shall forthwith execute the same and deliver it to the warden.
SB153,13,77 Dated this.... day of...., .... (year)
SB153,13,88 BY THE COURT....
SB153,13,99 Date of Offense....,
SB153,13,1010 District Attorney....,
SB153,13,1111 Defense Attorney....
SB153,13,1212 *Strike inapplicable paragraphs.
SB153,13,1313 STATE OF WISCONSIN
SB153,13,1414 .... County
SB153,13,1515 In.... Court
SB153,13,1616 The State of Wisconsin
SB153,13,1818 ....(Name of defendant)
SB153,13,2019 On the.... day of...., .... (year), the district attorney appeared for the state and
20the defendant appeared in person and by.... the defendant's attorney.
SB153,13,2121 UPON ALL THE FILES, RECORDS AND PROCEEDINGS
SB153,13,2322 IT IS ADJUDGED That the defendant has been found not guilty by the verdict
23of the jury (by the court) and is therefore ordered discharged forthwith.
SB153,13,2424 Dated this.... day of...., .... (year)
SB153,13,2525 BY THE COURT....
SB153, s. 38
1Section 38. 973.01 (3d) of the statutes is created to read:
SB153,14,42 973.01 (3d) Not applicable to death sentences. If a person is being sentenced
3for a felony that is punishable by death, he or she is not subject to this section but
4shall be sentenced under s. 973.015.
SB153, s. 39 5Section 39. 973.013 (1) (b) of the statutes is amended to read:
SB153,14,136 973.013 (1) (b) Except as provided in s. 973.01, the sentence shall have the
7effect of a sentence at hard labor for the maximum term fixed by the court, subject
8to the power of actual release from confinement by parole by the department or by
9pardon as provided by law. If a person is sentenced for a definite time for an offense
10for which the person may be sentenced under this section, the person is in legal effect
11sentenced as required by this section, said definite time being the maximum period.
12 A Except as provided in s. 973.015, a defendant convicted of a crime for which the
13minimum penalty is life shall be sentenced for life.
SB153, s. 40 14Section 40. 973.0135 (3) of the statutes is amended to read:
SB153,14,1615 973.0135 (3) A person is not subject to this section if the current serious felony
16is punishable by death or life imprisonment.
SB153, s. 41 17Section 41. 973.015 of the statutes is renumbered 973.019.
SB153, s. 42 18Section 42. 973.015 of the statutes is created to read:
SB153,15,3 19973.015 Sentence of death or life imprisonment for Class AA felony. (1)
20(a) Upon conviction of a defendant of a Class AA felony, the court shall conduct a
21separate sentencing proceeding to determine whether the defendant should be
22sentenced to death or life imprisonment. The trial judge shall conduct the proceeding
23before the trial jury, if there was a jury trial, as soon as practicable. If the trial jury
24is unable to reconvene for a hearing on the issue of the penalty, the trial judge may
25summon a new jury to determine the issue of the imposition of the penalty. If the trial

1jury has been waived, or if the defendant pleaded guilty, the court shall conduct the
2sentencing proceeding before a jury summoned for that purpose unless the
3defendant waives a jury.
SB153,15,144 (b) In a sentencing proceeding under par. (a), the court shall admit any evidence
5that may be relevant to the sentence regarding any mitigating circumstance. The
6court shall admit any other evidence according to the rules of evidence applicable at
7a criminal trial. The court shall provide the defendant with a fair opportunity to
8rebut any hearsay statements. This paragraph does not authorize the introduction
9of any evidence secured in violation of the state or federal constitution. The state has
10the burden of proof, beyond a reasonable doubt, regarding the existence of
11aggravating circumstances. The defendant has the burden of proof, by a
12preponderance of the evidence, regarding mitigating circumstances. The court shall
13permit the state and the defendant or his or her counsel to present arguments for or
14against a sentence of death.
SB153,15,18 15(2) (a) Unless the defendant waives the right to a jury, the jury shall deliberate
16after hearing all of the evidence and, by a majority vote, shall render an advisory
17sentence to the court of life imprisonment or death, based upon the following
18matters:
SB153,15,1919 1. The existence of aggravating circumstances under sub. (5).
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.
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