SB115: Bill Text

SB115,11,14 (5) Mitigating circumstances may include any of the following:

SB115,11,15 (a) The defendant has no significant history of prior criminal activity.

SB115,11,17 (b) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance.

SB115,11,19 (c) The offense was committed by more than one individual and the defendant's participation in the commission of the offense was relatively minor.

SB115,11,21 (d) The defendant acted under extreme duress or under the substantial domination of another person.

SB115,11,24 (e) The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired.

SB115,12,2 (f) The age of the defendant at the time of the offense affected his or her judgment.

SB115,12,4 (g) The victim was a participant in the defendant's conduct or consented to the act.

SB115,12,5 (h) Any other factor bearing on a defendant's culpability for the offense.

SB115,12,12 (6) The court shall instruct the jurors that a mitigating circumstance need not be found by all members of the jury and need only be proved to the satisfaction of an individual juror in order to be considered by the juror in making a sentence recommendation. If the defendant is ineligible for extended supervision under s. 939.62 (2m) (c), the court shall inform the jurors that if the jury does not recommend imposition of a sentence of death the defendant will be sentenced to life imprisonment without the possibility of release to extended supervision.

SB115,12,14 (7) (a) The court may not impose a sentence of death unless the jury or, if the hearing is before the court without a jury, the court finds that the offense was vicious.

SB115,12,18 (b) The jury and court shall consider any deoxyribonucleic acid evidence that is related to the offense or the absence of any such deoxyribonucleic acid evidence and shall consider evidence of mitigating circumstances in determining whether a sentence of death is appropriate.

SB115,12,22 (8) (a) If the jury unanimously recommends a sentence of death, the court shall impose a sentence of death, except that if the court finds that a sentence of death is not appropriate the court shall impose a sentence of life imprisonment under s. 973.014.

SB115,12,24 (b) If the jury does not unanimously recommend a sentence of death, the court shall impose a sentence of life imprisonment under s. 973.014.

SB115,13,3 (c) If the hearing is before the court without a jury, the court shall consider the factors described under sub. (7) (b) and impose a sentence of death or life imprisonment under s. 973.014.

SB115,13,5 (9) The court may not impose a sentence of death on a person who is mentally retarded.

SB115,13,11 (10) If the court imposes a sentence of death, the judgment of conviction and sentence of death are subject to automatic review by the supreme court within 60 days after certification by the sentencing court of the entire record, unless the supreme court, for good cause shown, extends the time for an additional period not to exceed 30 days. The review by the supreme court has priority over all other cases and shall be heard in accordance with rules promulgated by the supreme court.

SB115,13,14 (11) The court that imposes a sentence of death shall set the date for execution. The defendant shall be committed to the Wisconsin state prisons pending the execution of the death sentence.

SB115,13,15 (12) The execution of a death sentence shall be by lethal injection.

SB115, s. 27 Section 27. 973.0147 of the statutes is created to read:

SB115,14,5 973.0147 Execution of death sentence; stay of execution. The secretary of corrections shall designate the executioner who shall provide a person subject to a death sentence with an intravenous injection of one or more substances in a lethal quantity. A person is immune from civil or criminal liability for his or her acts or omissions, in good faith, in regard to a lawful execution under this section. The secretary may not direct a physician to be present or require a physician to announce when death has occurred. A physician may certify the death after a person, other than a physician, has determined or pronounced death. The secretary shall designate 12 citizens to witness the execution. The convicted person may request that certain additional people be allowed to witness the execution. The secretary shall grant any such reasonable request. The secretary may allow representatives of the news media to witness the execution under rules of the department. No other persons may be allowed to witness the execution. The execution of a death sentence may be stayed only by the governor or incident to an appeal.

SB115, s. 28 Section 28. 973.09 (1) (c) of the statutes is amended to read:

SB115,14,9 973.09 (1) (c) When a person is convicted of any crime which that is a crime that is punishable by death or life imprisonment, the court shall may not place the person on probation.

SB115, s. 29 Section 29. 973.15 (2m) (a) 2. c. of the statutes is created to read:

SB115,14,11 973.15 (2m) (a) 2. c. A sentence of death under s. 973.0145.

SB115, s. 30 Section 30. 978.07 (1) (c) 1. of the statutes is amended to read:

SB115,14,19 978.07 (1) (c) 1. Any Except if subd. 1m. applies, any case record of a felony punishable by life imprisonment or a related case, after the defendant's parole eligibility date under s. 304.06 (1) or 973.014 (1) or date of eligibility for release to extended supervision under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, or 50 years after the commencement of the action, whichever occurs later. If there is no parole eligibility date or no date for release to extended supervision, the district attorney may destroy the case record after the defendant's death.

SB115, s. 31 Section 31. 978.07 (1) (c) 1m. of the statutes is created to read:

SB115,14,24 978.07 (1) (c) 1m. Any case record of a felony that is a crime that is punishable by death or life imprisonment under s. 973.0145 or a related case, 20 years after the person's death, or 50 years after the commencement of the action, whichever occurs later.

SB115,14,25 (End)