SB2,20,1312 1. The person is eligible for release to extended supervision after serving 20
13years.
SB2,20,1714 2. The person is eligible for release to extended supervision on a date set by the
15court. Under this subdivision, the court may set any later date than that provided
16in subd. 1., but may not set a date that occurs before the earliest possible date under
17subd. 1.
SB2,20,1818 3. The person is not eligible for release to extended supervision.
SB2,20,2119 (d) When imposing a sentence of life imprisonment in accordance with par. (c)
201. or 2., the court shall inform the person of the provisions of s. 302.114 (3) and the
21procedure for petitioning under s. 302.114 (5) for release to extended supervision.
SB2,21,2 22(5) If a death sentence is imposed, the judgment of conviction and sentence of
23death is subject to automatic review by the supreme court within 60 days after
24certification by the sentencing court of the entire record, unless the supreme court,
25for good cause shown, extends the time for an additional period not to exceed 30 days.

1The review by the supreme court has priority over all other cases and shall be heard
2in accordance with rules promulgated by the supreme court.
SB2,21,4 3(6) The court and jury shall consider one or more of the following as
4aggravating circumstances:
SB2,21,65 (a) The defendant was on parole or extended supervision under a sentence for
6a felony or was confined in prison when he or she committed the Class AA felony.
SB2,21,87 (b) The Class AA felony was committed for the purpose of avoiding or
8preventing a lawful arrest or effecting an escape from custody.
SB2,21,99 (c) The defendant knowingly created a great risk to many persons.
SB2,21,1110 (d) The Class AA felony was committed to disrupt or hinder the lawful exercise
11of any governmental function or the enforcement of laws.
SB2,21,1312 (e) The defendant intentionally caused bodily harm or mental anguish to the
13victim or another before the victim died.
SB2,21,1514 (f) During the commission of the offense, the defendant enjoyed or was utterly
15indifferent to the suffering of another.
SB2,21,19 16(7) The court and jury shall consider as a mitigating factor any aspect of the
17defendant's character, background, or record or any of the circumstances of the
18offense that the defendant offers as a basis for a sentence other than death.
19Mitigating circumstances may include, but are not limited to, any of the following:
SB2,21,2020 (a) The defendant has no significant history of prior criminal activity.
SB2,21,2221 (b) The Class AA felony was committed while the defendant was under the
22influence of extreme mental or emotional disturbance.
SB2,21,2423 (c) The defendant was an accomplice in the Class AA felony committed by
24another person and the defendant's participation was relatively minor.
SB2,22,2
1(d) The defendant acted under extreme duress or under the substantial
2domination of another person.
SB2,22,53 (e) The capacity of the defendant to appreciate the criminality of his or her
4conduct or to conform his or her conduct to the requirements of law was substantially
5impaired.
SB2,22,76 (f) The age of the defendant at the time of the crime affected his or her
7judgment.
SB2,22,98 (g) The victim was a participant in the defendant's conduct or consented to the
9act.
SB2,22,12 10(8) The court that imposes a sentence of death shall set the date for execution.
11The defendant shall be committed to the Wisconsin state prisons pending the
12execution of the death sentence.
SB2,22,13 13(9) The execution of a death sentence shall be by lethal injection.
SB2, s. 50 14Section 50. 973.0147 of the statutes is created to read:
SB2,23,3 15973.0147 Execution of death sentence; stay of execution. The secretary
16of corrections shall designate the executioner who shall provide a person subject to
17a death sentence with an intravenous injection of one or more substances in a lethal
18quantity. A person is immune from civil or criminal liability for his or her acts or
19omissions, in good faith, in regard to a lawful execution under this section. The
20secretary may not direct a physician to be present or require a physician to announce
21when death has occurred. A physician may certify the death after a person, other
22than a physician, has determined or pronounced death. The secretary shall
23designate 12 citizens to witness the execution. The convicted person may request
24that certain additional people be allowed to witness the execution. The secretary
25shall grant any such reasonable request. The secretary may allow representatives

1of the news media to witness the execution under rules of the department. No other
2persons may be allowed to witness the execution. The execution of a death sentence
3may be stayed only by the governor or incident to an appeal.
SB2, s. 51 4Section 51. 973.032 (2) (b) of the statutes is amended to read:
SB2,23,95 973.032 (2) (b) Notwithstanding par. (a), the court may not sentence a person
6under sub. (1) if he or she is convicted of a felony punishable by death or life
7imprisonment or has at any time been convicted, adjudicated delinquent , or found
8not guilty or not responsible by reason of insanity or mental disease, defect, or illness
9for committing a violent offense, as defined in s. 301.048 (2) (bm).
SB2, s. 52 10Section 52. 973.09 (1) (c) of the statutes is amended to read:
SB2,23,1211 973.09 (1) (c) When a person is convicted of any crime which that is punishable
12by death or life imprisonment, the court shall may not place the person on probation.
SB2, s. 53 13Section 53. 978.07 (1) (c) 1. of the statutes is amended to read:
SB2,23,2014 978.07 (1) (c) 1. Any case record of a felony punishable by death or life
15imprisonment or a related case, after the defendant's parole eligibility date under s.
16304.06 (1) or 973.014 (1) or date of eligibility for release to extended supervision
17under s. 973.014 (1g) (a) 1. or 2. or 973.0145 (4) (c) 1. or 2., whichever is applicable,
18or 50 years after the commencement of the action, whichever occurs later. If there
19is no parole eligibility date or no date for release to extended supervision, the district
20attorney may destroy the case record after the defendant's death.
SB2, s. 54 21Section 54. Initial applicability.
SB2,23,2322 (1) This act first applies to offenses committed on February 1, 2003 or on the
23effective date of this subsection, whichever is later.
SB2, s. 55 24Section 55. Effective date.
SB2,24,2
1(1) This act takes effect on February 1, 2003, or on the day after publication,
2whichever is later.
SB2,24,33 (End)
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