AB724,2,22 301.046 (3) (cm) The prisoner is not awaiting imposition of a death sentence.

AB724,2,74 301.048 (2) (b) He or she is a prisoner serving a felony sentence for a felony not
5punishable by death or life imprisonment and the department directs him or her to
6participate in the program. This paragraph does not apply to a prisoner serving a
7bifurcated sentence imposed under s. 973.01.

AB724,3,52 302.11 (1m) An inmate serving a life term is not entitled to mandatory release.
3Except as provided in ss. 939.62 (2m) (c) and 973.014, the parole commission may
4parole the inmate as specified in s. 304.06 (1). An inmate awaiting imposition of a
5death sentence is not eligible for parole.

AB724,3,107 302.114 (1) An inmate is subject to this section if he or she is serving a life
8sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence
9under s. 939.62 (2m) (c) or 973.014 (1g) (a) 3. or awaiting imposition of a death
10sentence is not eligible for release to extended supervision under this section.

AB724,3,1412 303.065 (1) (b) 2. A person serving a life sentence under s. 939.62 (2m) (c) or
13973.014 (1) (c) or (1g) (a) 3. or awaiting imposition of a death sentence may not be
14considered for work release.

AB724,3,1816 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
17sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) or awaiting imposition of
18a death sentence is not eligible for release to parole supervision under this section.

AB724,4,920 304.06 (1) (b) Except as provided in sub. (1m) or (1t) or s. 302.045 (3), 961.49
21(2), 973.01 (6) or 973.0135, the parole commission may parole an inmate of the
22Wisconsin state prisons or any felon or any person serving at least one year or more
23in a county house of correction or a county reforestation camp organized under s.
24303.07, when he or she has served 25% of the sentence imposed for the offense, or 6
25months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1)

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1(b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life term
2when he or she has served 20 years, as modified by the formula under s. 302.11 (1)
3and subject to extension under s. 302.11 (1q) and (2), if applicable. The person
4serving the life term shall be given credit for time served prior to sentencing under
5s. 973.155, including good time under s. 973.155 (4). The secretary may grant special
6action parole releases under s. 304.02. The department or the parole commission
7shall not provide any convicted offender or other person sentenced to the
8department's custody any parole eligibility or evaluation until the person has been
9confined at least 60 days following sentencing.

AB724,4,1211 304.06 (1t) The parole commission may not parole an inmate who is awaiting
12imposition of a death sentence.

AB724,4,1614 304.071 (2) If a prisoner is not eligible for parole under s. 304.06 (1t), 939.62
15(2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she is not
16eligible for parole under this section.

AB724,4,1918 939.22 (7) "Crime punishable by death or life imprisonment" means a crime for
19which one or more of the possible penalties is death or life imprisonment.

AB724,4,2321 939.30 (2) For a solicitation to commit a crime for which the penalty is
22punishable by death or life imprisonment, the actor is guilty of a Class C felony. For
23a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.

AB724,5,7

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1939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) and 961.41
2(1x), whoever, with intent that a crime be committed, agrees or combines with
3another for the purpose of committing that crime may, if one or more of the parties
4to the conspiracy does an act to effect its object, be fined or imprisoned or both not
5to exceed the maximum provided for the completed crime; except that for a
6conspiracy to commit a crime for which the penalty is punishable by death or life
7imprisonment, the actor is guilty of a Class B felony.

AB724,5,109 939.32 (1) (a) Whoever attempts to commit a crime for which the penalty is
10punishable by death or life imprisonment is guilty of a Class B felony.

AB724,5,1313 939.50 (1) (ag) Class AA felony.

AB724,5,1615 939.50 (2) A felony is a Class AA, A, B, BC, C, D or E felony when it is so
16specified in chs. 939 to 951.

AB724,5,2019 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined
20under s. 973.015.

AB724,5,24 22939.60 Felony and misdemeanor defined. A crime punishable by death or
23imprisonment in the Wisconsin state prisons is a felony. Every other crime is a
24misdemeanor.

AB724,6,6

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1939.624 (2) If a person has one or more prior convictions for a serious violent
2crime or a crime punishable by death or life imprisonment and subsequently
3commits a serious violent crime, the court shall sentence the person to not less than
45 years' imprisonment, but otherwise the penalties for the crime apply, subject to any
5applicable penalty enhancement. The court shall not place the defendant on
6probation.

AB724,6,108 939.625 (1) (b) 2. If the maximum term of imprisonment for a felony is more
9than 5 years or is a life term or the felony is punishable by death, the maximum term
10of imprisonment for the felony may be increased by not more than 5 years.

AB724,6,1412 939.63 (1) (a) 2. If the maximum term of imprisonment for a felony is more than
135 years or is a life term or the felony is punishable by death, the maximum term of
14imprisonment for the felony may be increased by not more than 5 years.

AB724,6,1816 940.01 (1) (a) Except as provided in sub. subs. (1m) and (2), whoever causes the
17death of another human being with intent to kill that person or another is guilty of
18a Class A felony.

AB724,6,2220 940.01 (1) (b) Except as provided in sub. subs. (1m) and (2), whoever causes the
21death of an unborn child with intent to kill that unborn child, kill the woman who
22is pregnant with that unborn child or kill another is guilty of a Class A felony.

AB724,6,2524 940.01 (1m) Penalty for repeat offenders. (a) In this subsection, "intentional
25homicide" means any of the following:

AB724,7,1

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11. A violation of this section.

AB724,7,32 2. A crime under federal law, the law of another state or, prior to January 1,
31989, a law of this state that is comparable to a crime specified in this section.

AB724,7,84 (b) Except as provided in pars. (c) and (d) and sub. (2), whoever causes the death
5of another human being with intent to kill that person or another is guilty of a Class
6AA felony if he or she has been convicted of intentional homicide on one or more
7separate occasions at any time preceding the offense for which he or she presently
8is being sentenced.

AB724,7,179 (bm) To be considered as a previous conviction under par. (b), the conviction
10must remain of record and unreversed. It is immaterial that the sentence for the
11previous conviction was stayed, withheld or suspended, or that he or she was
12pardoned, unless the pardon was granted on the ground of innocence. If a previous
13conviction is considered to be covered under par. (a) 2. as comparable to a violation
14of this section, the conviction may be counted as a prior conviction under par. (b) only
15if the court determines, beyond a reasonable doubt, that the violation relating to that
16conviction would constitute a violation of this section if committed by a person over
17whom a court of criminal jurisdiction would have exercised original jurisdiction.

AB724,7,1918 (c) Notwithstanding s. 939.05, a person is subject to par. (b) as a party to a crime
19only if that person had intended that a person be killed.

AB724,7,2120 (d) A person is subject to par. (b) only if the person is 16 years old or older when
21he or she commits the offense.

AB724,8,223 940.01 (3) Burden of proof. When the existence of an affirmative defense
24under sub. (2) has been placed in issue by the trial evidence, the state must prove

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1beyond a reasonable doubt that the facts constituting the defense did not exist in
2order to sustain a finding of guilt under sub. (1) or (1m).

AB724,8,144 961.335 (1) Upon Except as provided in sub. (1m), upon application the
5controlled substances board may issue a permit authorizing a person to
6manufacture, obtain, possess, use, administer or dispense a controlled substance for
7purposes of scientific research, instructional activities, chemical analysis or other
8special uses, without restriction because of enumeration. No person shall engage in
9any such activity without a permit issued under this section, except that an
10individual may be designated and authorized to receive the permit for a college or
11university department, research unit or similar administrative organizational unit
12and students, laboratory technicians, research specialists or chemical analysts
13under his or her supervision may be permitted possession and use of controlled
14substances for these purposes without obtaining an individual permit.

AB724,8,1816 961.335 (1m) Upon the application of the secretary of corrections for a permit
17to obtain a controlled substance for purposes of an execution under s. 973.017, the
18controlled substances board shall issue a permit under this section.

AB724,8,2120 967.02 (1m) "Crime punishable by death or life imprisonment" has the
21meaning given in s. 939.22 (7).

AB724,9,823 971.17 (1) Commitment period. When a defendant is found not guilty by reason
24of mental disease or mental defect, the court shall commit the person to the
25department of health and family services for a specified period not exceeding

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1two-thirds of the maximum term of imprisonment that could be imposed under s.
2973.15 (2) (a) against an offender convicted of the same crime or crimes, including
3imprisonment authorized by ss. 346.65 (2) (f), (2j) (d) or (3m), 939.62, 939.621,
4939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and
5other penalty enhancement statutes, as applicable, subject to the credit provisions
6of s. 973.155. If the maximum term of imprisonment is crime is punishable by death
7or life imprisonment, the commitment period specified by the court may be life,
8subject to termination under sub. (5).

AB724,9,24 10972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
11challenges except as otherwise provided in this section. When the crime charged is
12punishable by death or life imprisonment, the state is entitled to 6 peremptory
13challenges and the defendant is entitled to 6 peremptory challenges. If there is more
14than one defendant, the court shall divide the challenges as equally as practicable
15among them; and if their defenses are adverse and the court is satisfied that the
16protection of their rights so requires, the court may allow the defendants additional
17challenges. If the crime is punishable by death or life imprisonment, the total
18peremptory challenges allowed the defense shall not exceed 12 if there are only 2
19defendants and 18 if there are more than 2 defendants; in other felony cases 6
20challenges if there are only 2 defendants and 9 challenges if there are more than 2.
21In misdemeanor cases, the state is entitled to 3 peremptory challenges and the
22defendant is entitled to 3 peremptory challenges, except that if there are 2
23defendants, the court shall allow the defense 4 peremptory challenges, and if there
24are more than 2 defendants, the court shall allow the defense 6 peremptory

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1challenges. Each side shall be allowed one additional peremptory challenge if
2additional jurors are to be selected under s. 972.04 (1).

AB724,10,44 972.13 (6) The following forms may be used for judgments:

AB724,10,55 STATE OF WISCONSIN

AB724,10,66 .... County

AB724,10,77 In.... Court

AB724,10,88 The State of Wisconsin

AB724,10,99 vs.

AB724,10,1010 ....(Name of defendant)

AB724,10,1111 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

AB724,10,1712 IT IS ADJUDGED That the defendant has been convicted upon the defendant's
13plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
14(no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and
15the court having asked the defendant whether the defendant has anything to state
16why sentence should not be pronounced, and no sufficient grounds to the contrary
17being shown or appearing to the court.

AB724,10,1818 *IT IS ADJUDGED That the defendant is guilty as convicted.

AB724,10,19 19*IT IS ADJUDGED That the defendant shall be executed by lethal injection.

AB724,10,2120 *IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
21state prisons (county jail of.... county) for an indeterminate term of not more than.....

AB724,10,2422 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
23sentence consisting of .... year(s) of confinement in prison and .... months/years of
24extended supervision.

AB724,11,3

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1*IT IS ADJUDGED That the defendant is placed in the intensive sanctions
2program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
3and the following conditions:....

AB724,11,64 *IT IS ADJUDGED That the defendant is hereby committed to detention in
5(the defendant's place of residence or place designated by judge) for a term of not
6more than....

AB724,11,87 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the
8department of corrections under section 939.615 of the Wisconsin Statutes.

AB724,11,109 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
10costs of this action).

AB724,11,1111 *IT IS ADJUDGED That the defendant pay restitution to....