SB328: Bill Text

SB328, s. 41 Section 41. 946.32 (3) of the statutes is created to read:

SB328,29,7 946.32 (3) This section does not apply to offenses that may be prosecuted under s. 175.50 (17) (b).

SB328, s. 42 Section 42. 946.47 (1) (intro.) of the statutes is amended to read:

SB328,29,10 946.47 (1) (intro.) Whoever Except as provided in sub. (1m), whoever does either of the following is guilty of a Class E felony:

SB328, s. 43 Section 43. 946.47 (1m) of the statutes is created to read:

SB328,29,15 946.47 (1m) (a) If the felon under sub. (1), with intent to terrorize, committed a felony that satisfies s. 939.648 (2) (a) and (b) or committed an act outside this state that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, the person who violates sub. (1) is guilty of a Class C felony.

SB328,29,20 (b) If the felon under sub. (1), with intent to terrorize, committed a felony that satisfies s. 939.648 (2) (a) and (b) or committed an act outside this state that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, and the felony or act resulted in the death of another, the person who violates sub. (1) is guilty of a Class BC felony.

SB328, s. 44 Section 44. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB328,30,11 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (c) and (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (c), 943.60, 943.70, 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015 947.07, 948.05, 948.08, 948.12, and 948.30.

SB328, s. 45 Section 45. 947.015 of the statutes is repealed.

SB328, s. 46 Section 46. 947.07 of the statutes is created to read:

SB328,30,15 947.07 Threatening use of weapon of mass destruction. (1) In this section:

SB328,30,18 (a) "Destructive device" means a bomb, a grenade, a rocket having a propellant charge of more than 4 ounces, a missile having an explosive or incendiary charge of more than one-quarter ounce, a mine, or a similar explosive device.

SB328,30,21 (b) "Harmful substance" means radioactive material that is dangerous to human life, a toxic or poisonous chemical or precursor of a toxic or poisonous chemical, or a disease organism.

SB328,30,25 (2) Whoever intentionally threatens to use a destructive device or a harmful substance to harm another or to destroy property, if the threat induces a reasonable expectation or fear that the destructive device or harmful substance will be used to harm another or to destroy property, is guilty of a Class E felony.

SB328, s. 47 Section 47. 947.08 of the statutes is created to read:

SB328,31,5 947.08 Terrorism threat. Whoever, with intent to terrorize, makes or conveys a threat to commit a felony that satisfies s. 939.648 (2) (a) and (b), if the threat induces a reasonable expectation or fear that the felony will be committed, is guilty of a Class D felony.

SB328, s. 48 Section 48. 947.09 of the statutes is created to read:

SB328,31,12 947.09 Solicitation of a terrorist act. (1) Whoever, with intent to terrorize and with intent that a felony that satisfies s. 939.648 (2) (a) and (b), or an act that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, be committed, advises another to commit that felony or act under circumstances that indicate unequivocally that he or she has the intent that the felony or act be committed may be penalized as provided under sub. (2).

SB328,31,14 (2) A person who violates sub. (1) is guilty of a Class D felony unless one of the following applies:

SB328,31,16 (a) If the act solicited under sub. (1) would be punishable by death or life imprisonment if committed in this state, the person is guilty of a Class C felony.

SB328,31,18 (b) If the act solicited under sub. (1) would be a Class E felony if committed in this state, the person is guilty of a Class E felony.

SB328,31,20 (3) A person may not be convicted under both s. 939.30 and this section for the same act.

SB328, s. 49 Section 49. 947.10 of the statutes is created to read:

SB328,32,2 947.10 Providing or requesting support for terrorist act. (1) In this section, "material support or resources" means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.

SB328,32,10 (2) Any person who provides, asks another to provide, or collects material support or resources with the intent that the material support or resources be used to plan, commit, conceal, or flee after committing a felony that satisfies s. 939.648 (2) (a) and (b), or an act that would be a felony that satisfies s. 939.648 (2) (a) and (b) if committed in this state, if the person intends that the felony or act terrorize, is guilty of a Class D felony, if the value of the material support or resources provided, requested, or collected does not exceed $1,000, and is guilty of a Class C felony if the value exceeds $1,000.

SB328,32,12 (3) A person may not be convicted under both this section and any of the following for the same act:

SB328,32,13 (a) Under s. 939.30 for solicitation.

SB328,32,14 (b) Under s. 939.31 for conspiracy.

SB328,32,15 (c) Under s. 939.32 for attempt.

SB328,32,16 (d) Under s. 939.05 as a party to a crime.

SB328, s. 50 Section 50. 948.605 (2) (b) 4m. of the statutes is created to read:

SB328,32,19 948.605 (2) (b) 4m. By an individual holding a valid license issued under s. 85.57 who is carrying a concealed weapon as permitted under s. 175.50;

SB328, s. 51 Section 51. 961.335 (1m) of the statutes is created to read:

SB328,32,24 961.335 (1m) Notwithstanding sub. (1), 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.

SB328, s. 52 Section 52. 967.02 (1m) of the statutes is created to read:

SB328,33,2 967.02 (1m) "Crime punishable by death or life imprisonment" has the meaning given in s. 939.22 (7).

SB328, s. 53 Section 53. 969.08 (10) (b) of the statutes is amended to read:

SB328,33,11 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015 947.07, 947.08, 947.09, 947.10, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

SB328, s. 54 Section 54. 971.17 (1) of the statutes is amended to read:

SB328,33,23 971.17 (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).

SB328, s. 55 Section 55. 972.03 of the statutes is amended to read:

SB328,34,17 972.03 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).

SB328, s. 56 Section 56. 972.13 (6) of the statutes is amended to read:

SB328,34,19 972.13 (6) The following forms may be used for judgments:

SB328,34,20 STATE OF WISCONSIN

SB328,34,21 .... County

SB328,34,22 In.... Court

SB328,34,23 The State of Wisconsin

SB328,34,24 vs.

SB328,34,25 ....(Name of defendant)

SB328,35,1 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

SB328,35,7 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.

SB328,35,8 *IT IS ADJUDGED That the defendant is guilty as convicted.

SB328,35,9 *IT IS ADJUDGED That the defendant shall be executed by lethal injection.

SB328,35,11 *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.....

SB328,35,14 *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.

SB328,35,17 *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:....

SB328,35,20 *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....

SB328,35,22 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the department of corrections under section 939.615 of the Wisconsin Statutes.

SB328,35,24 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

SB328,35,25 *IT IS ADJUDGED That the defendant pay restitution to....

SB328,36,2 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

SB328,36,4 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

SB328,36,6 *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.

SB328,36,7 Dated this.... day of...., .... (year)

SB328,36,8 BY THE COURT....

SB328,36,9 Date of Offense....,

SB328,36,10 District Attorney....,

SB328,36,11 Defense Attorney....

SB328,36,12 *Strike inapplicable paragraphs.

SB328,36,13 STATE OF WISCONSIN

SB328,36,14 .... County

SB328,36,15 In.... Court

SB328,36,16 The State of Wisconsin

SB328,36,17 vs.

SB328,36,18 ....(Name of defendant)

SB328,36,20 On the.... day of...., .... (year), the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

SB328,36,21 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

SB328,36,23 IT IS ADJUDGED That the defendant has been found not guilty by the verdict of the jury (by the court) and is therefore ordered discharged forthwith.

SB328,36,24 Dated this.... day of...., .... (year)

SB328,36,25 BY THE COURT....

SB328, s. 57 Section 57. 973.01 (3) of the statutes is amended to read:

SB328,37,5 973.01 (3) Not applicable to life sentences. If a person is being sentenced for a felony that is punishable by life imprisonment or by death, he or she is not subject to this section but shall be sentenced under s. 973.014 (1g) or 973.0145, whichever is applicable.

SB328, s. 58 Section 58. 973.0145 of the statutes is created to read:

SB328,37,14 973.0145 Sentence of death or life imprisonment for homicide by terrorist. (1) Upon conviction of a defendant of a homicide under s. 940.01 to which s. 939.648 (2) and (3) (b) are found to apply, the court shall conduct a separate sentencing hearing to determine whether the defendant should be sentenced to death or life imprisonment. Nothing in this section precludes the state at any time from retracting its decision to seek a sentence of death. If the state chooses not to seek a sentence of death, the court shall sentence the defendant to life imprisonment as provided under s. 973.014.

SB328,38,6 (2) The trial judge shall conduct the hearing before the trial jury, if there was a jury trial, as soon as practicable. Before commencing the sentencing hearing with the trial jury, the court shall determine whether the jurors can impartially render a sentencing determination based on evidence presented in the sentencing hearing. The court shall examine each juror individually outside the presence of the other jurors. The court shall determine the scope of the examination of individual jurors and may use questions proposed by any of the parties. The individual juror examinations shall be conducted on the record, but the court may seal the record of an individual juror's examination upon the motion of any party and a showing of good cause. If the court finds that a juror is not impartial, the court shall discharge that juror and replace the juror with the next alternate juror. If no alternate juror is available, the court shall dismiss the trial jury and impanel a new jury. If the trial jury is unable to reconvene for a hearing on the issue of penalty, the trial judge may summon a new jury to determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the court shall conduct the sentencing hearing before a jury summoned for that purpose unless the defendant waives the right to a jury.

SB328,38,13 (3) At the sentencing hearing, the defendant may present any evidence that is relevant to a mitigating circumstance under sub. (5). The state may not offer evidence or argument relating to any mitigating factor except in rebuttal of evidence offered by the defendant. The defendant has the burden of proof, by a preponderance of the evidence, regarding mitigating circumstances. The court shall permit the state and the defendant or his or her counsel to present arguments for or against a sentence of death.

SB328,38,23 (4) The court shall instruct the jury to consider the evidence of mitigating circumstances and to determine whether the defendant should be sentenced to death or to life imprisonment. The court shall further instruct the jury that, if the jury does not reach a unanimous decision, the court shall impose a sentence of life imprisonment under which the defendant will serve at least 20 years in prison and that the judge shall determine whether the defendant may be eligible for release to extended supervision at some time after 20 years, and if so when, or whether the defendant is not eligible for release to extended supervision. Upon the motion of any party, the court shall further inform the jury if the defendant is ineligible for release to extended supervision under s. 939.62 (2m) (c).