SB2: Bill Text

SB2,10,21 939.50 (2) A felony is a Class AA, A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes.

SB2, s. 27 Section 27. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).

SB2, s. 28 Section 28. 939.50 (3) (ag) of the statutes is created to read:

SB2,10,25 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined under s. 973.0145.

SB2, s. 29 Section 29. 939.60 of the statutes is amended to read:

SB2,11,4 939.60 Felony and misdemeanor defined. A crime that is punishable by death or imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.

SB2, s. 30 Section 30. 939.62 (2m) (a) 2m. c. of the statutes is amended to read:

SB2,11,7 939.62 (2m) (a) 2m. c. The solicitation, conspiracy , or attempt, under s. 939.30, 939.31, or 939.32, to commit a Class AA felony or a Class A felony.

SB2, s. 31 Section 31. 939.62 (2m) (c) of the statutes is amended to read:

SB2,11,12 939.62 (2m) (c) If the actor is a persistent repeater and the actor is not sentenced to death under s. 973.0145, the term of imprisonment for the felony for which the persistent repeater presently is being sentenced under ch. 973 is life imprisonment without the possibility of parole or extended supervision.

SB2, s. 32 Section 32. 939.624 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB2,11,21 939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime that is punishable by death or life imprisonment and subsequently commits a serious violent crime, the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court may not place the defendant on probation.

SB2, s. 33 Section 33. 939.63 (1) (b) of the statutes, as affected 2001 Wisconsin Act 109, is amended to read:

SB2,12,3 939.63 (1) (b) 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.

SB2, s. 34 Section 34. 939.632 (1) (e) 2. of the statutes is amended to read:

SB2,12,6 939.632 (1) (e) 2. The solicitation, conspiracy, or attempt, under s. 939.30, 939.31, or 939.32, to commit a Class AA felony or a Class A felony.

SB2, s. 35 Section 35. 940.01 (1) (a) of the statutes is amended to read:

SB2,12,10 940.01 (1) (a) Except as provided in par. (am) and sub. (2), whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.

SB2, s. 36 Section 36. 940.01 (1) (am) of the statutes is created to read:

SB2,12,14 940.01 (1) (am) Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class AA felony if the victim has not attained the age of 16 years, unless any of the following applies:

SB2,12,15 1. The actor is less than 16 years of age when he or she commits the offense.

SB2,12,17 2. Notwithstanding s. 939.05, the actor is not guilty of a Class AA felony as a party to a crime if the actor did not intend that a person be killed.

SB2,12,18 3. An affirmative defense under sub. (2) exists.

SB2, s. 37 Section 37. 940.01 (1) (b) of the statutes is renumbered 940.01 (1) (b) (intro.) and amended to read:

SB2,12,24 940.01 (1) (b) (intro.) Except as provided in sub. (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 AA felony ., except as follows:

SB2, s. 38 Section 38. 940.01 (1) (b) 1. and 2. of the statutes are created to read:

SB2,13,2 940.01 (1) (b) 1. If the actor is less than 16 years of age when he or she commits the offense, the actor is guilty of a Class A felony.

SB2,13,5 2. If the actor is a party to the offense as provided under s. 939.05 and did not intend that an unborn child, the woman who was pregnant with that unborn child, or another be killed, the actor is guilty of a Class A felony.

SB2, s. 39 Section 39. 940.01 (2) (intro.) of the statutes is amended to read:

SB2,13,9 940.01 (2) Mitigating circumstances. (intro.) The following are affirmative defenses to prosecution under this section which that mitigate the offense offenses under sub. (1) to 2nd-degree intentional homicide under s. 940.05:

SB2, s. 40 Section 40. 946.50 (1) of the statutes is renumbered 946.50 (1m).

SB2, s. 41 Section 41. 946.50 (1g) of the statutes is created to read:

SB2,13,13 946.50 (1g) A Class AA felony, if the person was adjudicated delinquent for committing an act that would be a Class AA felony if committed by an adult.

SB2, s. 42 Section 42. 961.335 (1m) of the statutes is created to read:

SB2,13,18 961.335 (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. 973.0165, the controlled substances board shall issue a permit under this section.

SB2, s. 43 Section 43. 967.02 (1m) of the statutes is created to read:

SB2,13,21 967.02 (1m) "Crime that is punishable by death or life imprisonment" has the meaning given in s. 939.22 (7).

SB2, s. 44 Section 44. 971.17 (1) (c) of the statutes is amended to read:

SB2,14,2 971.17 (1) (c) Felonies punishable by death or life imprisonment. If a defendant is found not guilty by reason of mental disease or mental defect of a felony that is punishable by death or life imprisonment, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB2, s. 45 Section 45. 972.03 of the statutes is amended to read:

SB2,14,20 972.03 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).

SB2, s. 46 Section 46. 972.13 (6) of the statutes is amended to read:

SB2,14,22 972.13 (6) The following forms may be used for judgments:

SB2,14,23 STATE OF WISCONSIN

SB2,14,24 .... County

SB2,14,25 In.... Court

SB2,15,1 The State of Wisconsin

SB2,15,2 vs.

SB2,15,3 ....(Name of defendant)

SB2,15,4 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

SB2,15,10 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.

SB2,15,11 *IT IS ADJUDGED That the defendant is guilty as convicted.

SB2,15,12 *IT IS ADJUDGED That the defendant shall be executed by lethal injection.

SB2,15,14 *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.....

SB2,15,17 *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.

SB2,15,20 *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:....

SB2,15,23 *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....

SB2,15,25 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the department of corrections under section 939.615 of the Wisconsin Statutes.

SB2,16,2 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the costs of this action).

SB2,16,3 *IT IS ADJUDGED That the defendant pay restitution to....

SB2,16,5 *IT IS ADJUDGED That the defendant is restricted in his or her use of computers as follows:....

SB2,16,7 *The.... at.... is designated as the Reception Center to which the defendant shall be delivered by the sheriff.

SB2,16,9 *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.

SB2,16,10 Dated this.... day of...., .... (year)

SB2,16,11 BY THE COURT....

SB2,16,12 Date of Offense....,

SB2,16,13 District Attorney....,

SB2,16,14 Defense Attorney....

SB2,16,15 *Strike inapplicable paragraphs.

SB2,16,16 STATE OF WISCONSIN

SB2,16,17 .... County

SB2,16,18 In.... Court

SB2,16,19 The State of Wisconsin

SB2,16,20 vs.

SB2,16,21 ....(Name of defendant)

SB2,16,23 On the.... day of...., .... (year), the district attorney appeared for the state and the defendant appeared in person and by.... the defendant's attorney.

SB2,16,24 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

SB2,17,2 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.

SB2,17,3 Dated this.... day of...., .... (year)

SB2,17,4 BY THE COURT....

SB2, s. 47 Section 47. 973.01 (3) of the statutes is amended to read:

SB2,17,9 973.01 (3) Not applicable to life or death 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.

SB2, s. 48 Section 48. 973.014 (1g) (a) (intro.) of the statutes is amended to read:

SB2,17,14 973.014 (1g) (a) (intro.) Except as provided in sub. (2) or s. 973.0145 (4) (c), when a court sentences a person to life imprisonment for a crime committed on or after December 31, 1999, the court shall make an extended supervision eligibility date determination regarding the person and choose one of the following options:

SB2, s. 49 Section 49. 973.0145 of the statutes is created to read:

SB2,17,21 973.0145 Sentence of death or life imprisonment for Class AA felony. (1) (a) Upon conviction of a defendant of a Class AA felony, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment. A defendant charged with a Class AA felony who intends to raise mental retardation as a bar to his or her death sentence shall give notice of that intention upon his or her conviction of a Class AA felony.

SB2,18,3 (b) The trial judge shall conduct the sentencing proceeding before the trial jury, if there was a jury trial, as soon as practicable. 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 proceeding before a jury summoned for that purpose unless the defendant waives the right to a jury.

SB2,18,14 (c) In the sentencing proceeding, the court shall admit any evidence that may be relevant to the sentence regarding any mitigating circumstance. The court shall admit any other evidence according to the rules of evidence applicable at a criminal trial. The court shall provide the defendant with a fair opportunity to rebut any hearsay statements. This paragraph does not authorize the introduction of any evidence secured in violation of the state or federal constitution. The state has the burden of proof, beyond a reasonable doubt, regarding the existence of aggravating circumstances. 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.

SB2,18,18 (2) (a) Unless the defendant waives the right to a jury, the jury shall deliberate after hearing all of the evidence and, by a majority vote, shall render an advisory sentence of life imprisonment or death to the court, based upon the following matters: