SB2, s. 19 15Section 19. 939.22 (7) of the statutes is created to read:
SB2,9,1716 939.22 (7) "Crime that is punishable by death or life imprisonment" means a
17crime for which one or more of the possible penalties is death or life imprisonment.
SB2, s. 20 18Section 20. 939.22 (19m) of the statutes is created to read:
SB2,9,2219 939.22 (19m) "Mental retardation" means significantly subaverage general
20intellectual functioning usually defined as an intelligence quotient level of 70 or
21below accompanied by significant deficits or impairments in adaptive functioning
22with onset before the age of 18 years.
SB2, s. 21 23Section 21. 939.30 (2) of the statutes, as affected by 2001 Wisconsin Act 109,
24is amended to read:
SB2,10,3
1939.30 (2) For a solicitation to commit a crime for which the penalty is that is
2punishable by death or
life imprisonment, the actor is guilty of a Class F felony. For
3a solicitation to commit a Class I felony, the actor is guilty of a Class I felony.
SB2, s. 22 4Section 22. 939.31 of the statutes is amended to read:
SB2,10,11 5939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4), and
6961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with
7another for the purpose of committing that crime may, if one or more of the parties
8to the conspiracy does do an act to effect its object, be fined or imprisoned or both not
9to exceed the maximum provided for the completed crime; except that for a
10conspiracy to commit a crime for which the penalty is that is punishable by death or
11life imprisonment, the actor is guilty of a Class B felony.
SB2, s. 23 12Section 23. 939.32 (1) (a) of the statutes is amended to read:
SB2,10,1413 939.32 (1) (a) Whoever attempts to commit a crime for which the penalty is that
14is punishable by death or
life imprisonment is guilty of a Class B felony.
SB2, s. 24 15Section 24. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
SB2, s. 25 16Section 25. 939.50 (1) (ag) of the statutes is created to read:
SB2,10,1717 939.50 (1) (ag) Class AA felony.
SB2, s. 26 18Section 26. 939.50 (2) of the statutes, as affected by 2001 Wisconsin Act 109,
19is amended to read:
SB2,10,2120 939.50 (2) A felony is a Class AA, A, B, C, D, E, F, G, H, or I felony when it is
21so specified in the statutes.
SB2, s. 27 22Section 27. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
SB2, s. 28 23Section 28. 939.50 (3) (ag) of the statutes is created to read:
SB2,10,2524 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined
25under s. 973.0145.
SB2, s. 29
1Section 29. 939.60 of the statutes is amended to read:
SB2,11,4 2939.60 Felony and misdemeanor defined. A crime that is punishable by
3death or imprisonment in the Wisconsin state prisons is a felony. Every other crime
4is a misdemeanor.
SB2, s. 30 5Section 30. 939.62 (2m) (a) 2m. c. of the statutes is amended to read:
SB2,11,76 939.62 (2m) (a) 2m. c. The solicitation, conspiracy , or attempt, under s. 939.30,
7939.31, or 939.32, to commit a Class AA felony or a Class A felony.
SB2, s. 31 8Section 31. 939.62 (2m) (c) of the statutes is amended to read:
SB2,11,129 939.62 (2m) (c) If the actor is a persistent repeater and the actor is not
10sentenced to death under s. 973.0145
, the term of imprisonment for the felony for
11which the persistent repeater presently is being sentenced under ch. 973 is life
12imprisonment without the possibility of parole or extended supervision.
SB2, s. 32 13Section 32. 939.624 (2) of the statutes, as affected by 2001 Wisconsin Act 109,
14is amended to read:
SB2,11,2115 939.624 (2) If a person has one or more prior convictions for a serious violent
16crime or a crime that is punishable by death or life imprisonment and subsequently
17commits a serious violent crime, the court shall impose a bifurcated sentence under
18s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed
19under this subsection may not be less than 3 years and 6 months, but otherwise the
20penalties for the crime apply, subject to any applicable penalty enhancement. The
21court may not place the defendant on probation.
SB2, s. 33 22Section 33. 939.63 (1) (b) of the statutes, as affected 2001 Wisconsin Act 109,
23is amended to read:
SB2,12,3
1939.63 (1) (b) If the maximum term of imprisonment for a felony is more than
25 years or is a life term or the felony is punishable by death, the maximum term of
3imprisonment for the felony may be increased by not more than 5 years.
SB2, s. 34 4Section 34. 939.632 (1) (e) 2. of the statutes is amended to read:
SB2,12,65 939.632 (1) (e) 2. The solicitation, conspiracy, or attempt, under s. 939.30,
6939.31, or 939.32, to commit a Class AA felony or a Class A felony.
SB2, s. 35 7Section 35. 940.01 (1) (a) of the statutes is amended to read:
SB2,12,108 940.01 (1) (a) Except as provided in par. (am) and sub. (2), whoever causes the
9death of another human being with intent to kill that person or another is guilty of
10a Class A felony.
SB2, s. 36 11Section 36. 940.01 (1) (am) of the statutes is created to read:
SB2,12,1412 940.01 (1) (am) Whoever causes the death of another human being with intent
13to kill that person or another is guilty of a Class AA felony if the victim has not
14attained the age of 16 years, unless any of the following applies:
SB2,12,1515 1. The actor is less than 16 years of age when he or she commits the offense.
SB2,12,1716 2. Notwithstanding s. 939.05, the actor is not guilty of a Class AA felony as a
17party to a crime if the actor did not intend that a person be killed.
SB2,12,1818 3. An affirmative defense under sub. (2) exists.
SB2, s. 37 19Section 37. 940.01 (1) (b) of the statutes is renumbered 940.01 (1) (b) (intro.)
20and amended to read:
SB2,12,2421 940.01 (1) (b) (intro.) Except as provided in sub. (2), whoever causes the death
22of an unborn child with intent to kill that unborn child, kill the woman who is
23pregnant with that unborn child, or kill another is guilty of a Class A AA felony .,
24except as follows:
SB2, s. 38 25Section 38. 940.01 (1) (b) 1. and 2. of the statutes are created to read:
SB2,13,2
1940.01 (1) (b) 1. If the actor is less than 16 years of age when he or she commits
2the offense, the actor is guilty of a Class A felony.
SB2,13,53 2. If the actor is a party to the offense as provided under s. 939.05 and did not
4intend that an unborn child, the woman who was pregnant with that unborn child,
5or another be killed, the actor is guilty of a Class A felony.
SB2, s. 39 6Section 39. 940.01 (2) (intro.) of the statutes is amended to read:
SB2,13,97 940.01 (2) Mitigating circumstances. (intro.) The following are affirmative
8defenses to prosecution under this section which that mitigate the offense offenses
9under sub. (1)
to 2nd-degree intentional homicide under s. 940.05:
SB2, s. 40 10Section 40. 946.50 (1) of the statutes is renumbered 946.50 (1m).
SB2, s. 41 11Section 41. 946.50 (1g) of the statutes is created to read:
SB2,13,1312 946.50 (1g) A Class AA felony, if the person was adjudicated delinquent for
13committing an act that would be a Class AA felony if committed by an adult.
SB2, s. 42 14Section 42. 961.335 (1m) of the statutes is created to read:
SB2,13,1815 961.335 (1m) Notwithstanding sub. (1), upon the application of the secretary
16of corrections for a permit to obtain a controlled substance for purposes of an
17execution under s. 973.0165, the controlled substances board shall issue a permit
18under this section.
SB2, s. 43 19Section 43. 967.02 (1m) of the statutes is created to read:
SB2,13,2120 967.02 (1m) "Crime that is punishable by death or life imprisonment" has the
21meaning given in s. 939.22 (7).
SB2, s. 44 22Section 44. 971.17 (1) (c) of the statutes is amended to read:
SB2,14,223 971.17 (1) (c) Felonies punishable by death or life imprisonment. If a defendant
24is found not guilty by reason of mental disease or mental defect of a felony that is

1punishable by death or life imprisonment, the commitment period specified by the
2court may be life, subject to termination under sub. (5).
SB2, s. 45 3Section 45. 972.03 of the statutes is amended to read:
SB2,14,20 4972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
5challenges except as otherwise provided in this section. When the crime charged is
6punishable by death or life imprisonment, the state is entitled to 6 peremptory
7challenges and the defendant is entitled to 6 peremptory challenges. If there is more
8than one defendant, the court shall divide the challenges as equally as practicable
9among them; and if their defenses are adverse and the court is satisfied that the
10protection of their rights so requires, the court may allow the defendants additional
11challenges. If the crime is punishable by death or life imprisonment, the total
12peremptory challenges allowed the defense shall not exceed 12 if there are only 2
13defendants and 18 if there are more than 2 defendants; in other felony cases 6
14challenges if there are only 2 defendants and 9 challenges if there are more than 2.
15In misdemeanor cases, the state is entitled to 3 peremptory challenges and the
16defendant is entitled to 3 peremptory challenges, except that if there are 2
17defendants, the court shall allow the defense 4 peremptory challenges, and, if there
18are more than 2 defendants, the court shall allow the defense 6 peremptory
19challenges. Each side shall be allowed one additional peremptory challenge if
20additional jurors are to be selected under s. 972.04 (1).
SB2, s. 46 21Section 46. 972.13 (6) of the statutes is amended to read:
SB2,14,2222 972.13 (6) The following forms may be used for judgments:
SB2,14,2323 STATE OF WISCONSIN
SB2,14,2424 .... County
SB2,14,2525 In.... Court
SB2,15,1
1The State of Wisconsin
SB2,15,22 vs.
SB2,15,33 ....(Name of defendant)
SB2,15,44 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,
SB2,15,105 IT IS ADJUDGED That the defendant has been convicted upon the defendant's
6plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
7(no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and
8the court having asked the defendant whether the defendant has anything to state
9why sentence should not be pronounced, and no sufficient grounds to the contrary
10being shown or appearing to the court.
SB2,15,1111 *IT IS ADJUDGED That the defendant is guilty as convicted.
SB2,15,12 12*IT IS ADJUDGED That the defendant shall be executed by lethal injection.
SB2,15,1413 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
14state prisons (county jail of.... county) for an indeterminate term of not more than.....
SB2,15,1715 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
16sentence consisting of .... year(s) of confinement in prison and .... months/years of
17extended supervision.
SB2,15,2018 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions
19program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
20and the following conditions:....
SB2,15,2321 *IT IS ADJUDGED That the defendant is hereby committed to detention in
22(the defendant's place of residence or place designated by judge) for a term of not
23more than....
SB2,15,2524 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the
25department of corrections under section 939.615 of the Wisconsin Statutes.
SB2,16,2
1*IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
2costs of this action).
SB2,16,33 *IT IS ADJUDGED That the defendant pay restitution to....
SB2,16,54 *IT IS ADJUDGED That the defendant is restricted in his or her use of
5computers as follows:....
SB2,16,76 *The.... at.... is designated as the Reception Center to which the defendant shall
7be delivered by the sheriff.
SB2,16,98 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment
9to the sheriff who shall forthwith execute the same and deliver it to the warden.
SB2,16,1010 Dated this.... day of...., .... (year)
SB2,16,1111 BY THE COURT....
SB2,16,1212 Date of Offense....,
SB2,16,1313 District Attorney....,
SB2,16,1414 Defense Attorney....
SB2,16,1515 *Strike inapplicable paragraphs.
SB2,16,1616 STATE OF WISCONSIN
SB2,16,1717 .... County
SB2,16,1818 In.... Court
SB2,16,1919 The State of Wisconsin
SB2,16,2020 vs.
SB2,16,2121 ....(Name of defendant)
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