LRB-0452/1
JEO:jlg:ijs
1999 - 2000 LEGISLATURE
May 13, 1999 - Introduced by Senators A. Lasee, Drzewiecki, Fitzgerald and Zien,
cosponsored by Representatives F. Lasee, Musser, Handrick, Gunderson,
Ainsworth, Hoven, Hundertmark, Kreibich
and Kaufert. Referred to
Committee on Judiciary and Consumer Affairs.
SB153,2,2 1An Act to renumber 939.50 (1) (a), 939.50 (3) (a) and 973.015; to renumber and
2amend
940.01 (1) (a) and 940.01 (1) (b); to amend 301.048 (2) (b), 302.11 (1m),
3302.114 (1), 302.114 (2), 302.114 (3) (a) (intro.), 302.114 (3) (b), 302.114 (3) (c),
4303.065 (1) (b), 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.30 (2), 939.31, 939.32
5(1) (a), 939.50 (2), 939.60, 939.624 (2), 939.625 (1) (b) 2., 939.63 (1) (a) 2., 961.335
6(1), 971.17 (1), 972.03, 972.13 (6), 973.013 (1) (b), 973.0135 (3), 973.032 (2) (b),
7973.09 (1) (c) and 978.07 (1) (c) 1.; and to create 301.046 (3) (cm), 303.065 (1)
8(b) 3., 304.06 (1t), 939.22 (7), 939.50 (1) (ag), 939.50 (3) (ag), 940.01 (1) (a) 2., 3.
9and 4., 940.01 (1) (b) 2. and 3., 961.335 (1m), 967.02 (1m), 973.01 (3d), 973.015,
10973.016 and 973.017 of the statutes; relating to: providing a penalty of either
11death or life imprisonment for the first-degree intentional homicide of a child

1younger than 16 years old, affecting parole and extended supervision eligibility
2and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, no state crime is punishable by the death penalty. This bill
provides for either a death penalty (by lethal injection) or life imprisonment (with or
without parole eligibility restrictions) for any first-degree intentional homicide
committed by a person who is 16 years old or older against a child who is younger
than 16 years old. Other first-degree homicides remain punishable by life
imprisonment.
The procedure for determining whether or not the death penalty would be
imposed is the subject of a proceeding that is separate from the regular trial. After
a conviction finding that a first-degree homicide of a child younger than 16 years old
had occurred, the court reconvenes the trial jury, or, if there was no jury trial or the
trial jury is unable to continue, a new jury is summoned. The defendant may waive
the right to a jury. Evidence is then presented regarding various aggravating or
mitigating circumstances relating to the crime and the defendant.
The jury hears the evidence and then gives an advisory sentence to the court
of either life imprisonment or death. If the jury recommends life imprisonment, it
may further recommend a complete or substantial restriction of the defendant's
parole or extended supervision eligibility. The court, not bound by the advisory
sentence, then weighs the aggravating and mitigating circumstances and enters the
sentence of either life imprisonment or death. If life imprisonment is imposed, the
court may completely or substantially restrict the defendant's parole or extended
supervision eligibility. If the court chooses the death sentence it must set forth its
findings in writing. Any death sentence is subject to automatic appellate review by
the supreme court.
The court that imposes the death sentence sets the execution date. The
secretary of corrections designates the executioner. Twelve citizen witnesses must
be present at the execution.
This bill applies only to those offenses committed on or after its effective date
(the day after publication).
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB153, s. 1 3Section 1. 301.046 (3) (cm) of the statutes is created to read:
SB153,2,44 301.046 (3) (cm) The prisoner is not awaiting imposition of a death sentence.
SB153, s. 2 5Section 2. 301.048 (2) (b) of the statutes is amended to read:
SB153,3,4
1301.048 (2) (b) He or she is a prisoner serving a felony sentence for a felony not
2punishable by death or life imprisonment and the department directs him or her to
3participate in the program. This paragraph does not apply to a prisoner serving a
4bifurcated sentence imposed under s. 973.01.
SB153, s. 3 5Section 3. 302.11 (1m) of the statutes is amended to read:
SB153,3,96 302.11 (1m) An inmate serving a life term is not entitled to mandatory release.
7Except as provided in ss. 304.06 (1t), 939.62 (2m) (c) and 973.014, the parole
8commission may parole the inmate as specified in s. 304.06 (1). An inmate awaiting
9imposition of a death sentence is not eligible for parole.
SB153, s. 4 10Section 4. 302.114 (1) of the statutes is amended to read:
SB153,3,1611 302.114 (1) An inmate is subject to this section if he or she is serving a life
12sentence imposed under s. 973.014 (1g) (a) 1. or 2. or if he or she is serving a life
13sentence imposed under s. 973.015 and the sentencing court has authorized release
14to extended supervision under s. 973.015 (3) (c).
An inmate serving a life sentence
15under s. 939.62 (2m) or 973.014 (1g) (a) 3. is not eligible for release to extended
16supervision under this section.
SB153, s. 5 17Section 5. 302.114 (2) of the statutes is amended to read:
SB153,3,2218 302.114 (2) Except as provided in subs. (3) and (9), an inmate subject to this
19section may petition the sentencing court for release to extended supervision after
20he or she has served 20 years, if the inmate was sentenced under s. 973.014 (1g) (a)
211., or after he or she has reached the extended supervision eligibility date set by the
22court, if the inmate was sentenced under s. 973.014 (1g) (a) 2. or 973.015 (3) (c).
SB153, s. 6 23Section 6. 302.114 (3) (a) (intro.) of the statutes is amended to read:
SB153,4,424 302.114 (3) (a) (intro.) The warden or superintendent shall keep a record of the
25conduct of each inmate subject to this section, specifying each infraction of the rules.

1If any inmate subject to this section violates any regulation of the prison or refuses
2or neglects to perform required or assigned duties, the department may extend the
3extended supervision eligibility date set under s. 973.014 (1g) (a) 1. or 2. or 973.015
4(3) (c)
, whichever is applicable, as follows:
SB153, s. 7 5Section 7. 302.114 (3) (b) of the statutes is amended to read:
SB153,4,136 302.114 (3) (b) In addition to the sanctions under par. (a), if an inmate subject
7to this section is placed in adjustment, program or controlled segregation status, the
8department may extend the extended supervision eligibility date set under s.
9973.014 (1g) (a) 1. or 2. or 973.015 (3) (c), whichever is applicable, by a number of days
10equal to 50% of the number of days spent in segregation status. In administering this
11paragraph, the department shall use the definition of adjustment, program or
12controlled segregation status under departmental rules in effect at the time an
13inmate is placed in that status.
SB153, s. 8 14Section 8. 302.114 (3) (c) of the statutes is amended to read:
SB153,4,2215 302.114 (3) (c) An inmate subject to this section who files an action or special
16proceeding, including a petition for a common law writ of certiorari, to which s.
17807.15 applies shall have his or her extended supervision eligibility date set under
18s. 973.014 (1g) (a) 1. or 2. or 973.015 (3) (c), whichever is applicable, extended by the
19number of days specified in the court order prepared under s. 807.15 (3). Upon
20receiving a court order issued under s. 807.15, the department shall recalculate the
21date on which the inmate to whom the order applies will be entitled to petition for
22release to extended supervision and shall inform the inmate of that date.
SB153, s. 9 23Section 9. 303.065 (1) (b) of the statutes is amended to read:
SB153,5,424 303.065 (1) (b) 1. A person serving a life sentence, other than a life sentence
25specified in subd. 2., may be considered for work release only after he or she has

1reached parole eligibility under s. 304.06 (1) (b) or (1t) or 973.014 (1) (a) or (b),
2whichever is applicable, or he or she has reached his or her extended supervision
3eligibility date under s. 302.114 (9) (b) or, 973.014 (1g) (a) 1. or 2. or 973.015 (3) (c),
4whichever is applicable.
SB153,5,95 2. A person serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or
6(1g) (a) 3. may not be considered for work release. A person serving a life sentence
7imposed under s. 973.015 may not be considered for work release if the sentencing
8court has determined under s. 973.015 (3) (c) that the person is not eligible for release
9to extended supervision.
SB153, s. 10 10Section 10. 303.065 (1) (b) 3. of the statutes is created to read:
SB153,5,1211 303.065 (1) (b) 3. A person awaiting imposition of a death sentence may not be
12considered for work release.
SB153, s. 11 13Section 11. 304.02 (5) of the statutes is amended to read:
SB153,5,1714 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
15sentence under s. 939.62 (2m) (c) or, 973.014 (1) (c) or (1g) or 973.015 or who is
16awaiting imposition of a death sentence
is not eligible for release to parole
17supervision under this section.
SB153, s. 12 18Section 12. 304.06 (1) (b) of the statutes is amended to read:
SB153,6,919 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2),
20973.01 (6) or 973.0135, the parole commission may parole an inmate of the Wisconsin
21state prisons or any felon or any person serving at least one year or more in a county
22house of correction or a county reforestation camp organized under s. 303.07, when
23he or she has served 25% of the sentence imposed for the offense, or 6 months,
24whichever is greater. Except as provided in sub. (1t) or s. 939.62 (2m) (c) or 973.014
25(1) (b) or (c), (1g) or (2), the parole commission may parole an inmate serving a life

1term when he or she has served 20 years, as modified by the formula under s. 302.11
2(1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person
3serving the life term shall be given credit for time served prior to sentencing under
4s. 973.155, including good time under s. 973.155 (4). The secretary may grant special
5action parole releases under s. 304.02. The department or the parole commission
6shall not provide any convicted offender or other person sentenced to the
7department's custody any parole eligibility or evaluation until the person has been
8confined at least 60 days following sentencing. The parole commission may not
9parole an inmate who is awaiting imposition of a death sentence.
SB153, s. 13 10Section 13. 304.06 (1t) of the statutes is created to read:
SB153,6,1311 304.06 (1t) If the prisoner is serving a life term imposed under s. 973.015, the
12prisoner is eligible for parole only when authorized by the sentencing court under s.
13973.015 (3) (c).
SB153, s. 14 14Section 14. 304.071 (2) of the statutes is amended to read:
SB153,6,1715 304.071 (2) If a prisoner is not eligible for parole under s. 304.06 (1) (b) or (1t),
16939.62 (2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032 (5), he or she
17is not eligible for parole under this section.
SB153, s. 15 18Section 15. 939.22 (7) of the statutes is created to read:
SB153,6,2019 939.22 (7) "Crime punishable by death or life imprisonment" means a crime for
20which one or more of the possible penalties is death or life imprisonment.
SB153, s. 16 21Section 16. 939.30 (2) of the statutes is amended to read:
SB153,6,2422 939.30 (2) For a solicitation to commit a crime for which the penalty is
23punishable by death or life imprisonment, the actor is guilty of a Class C felony. For
24a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.
SB153, s. 17 25Section 17. 939.31 of the statutes is amended to read:
SB153,7,7
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.
SB153, s. 18 8Section 18. 939.32 (1) (a) of the statutes is amended to read:
SB153,7,109 939.32 (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.
SB153, s. 19 11Section 19. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
SB153, s. 20 12Section 20. 939.50 (1) (ag) of the statutes is created to read:
SB153,7,1313 939.50 (1) (ag) Class AA felony.
SB153, s. 21 14Section 21. 939.50 (2) of the statutes is amended to read:
SB153,7,1615 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.
SB153, s. 22 17Section 22. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
SB153, s. 23 18Section 23. 939.50 (3) (ag) of the statutes is created to read:
SB153,7,2019 939.50 (3) (ag) For a Class AA felony, life imprisonment or death, as determined
20under s. 973.015.
SB153, s. 24 21Section 24. 939.60 of the statutes is amended to read:
SB153,7,24 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.
SB153, s. 25 25Section 25. 939.624 (2) of the statutes is amended to read:
SB153,8,6
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.
SB153, s. 26 7Section 26. 939.625 (1) (b) 2. of the statutes is amended to read:
SB153,8,108 939.625 (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.
SB153, s. 27 11Section 27. 939.63 (1) (a) 2. of the statutes is amended to read:
SB153,8,1412 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.
SB153, s. 28 15Section 28. 940.01 (1) (a) of the statutes is renumbered 940.01 (1) (a) 1. and
16amended to read:
SB153,8,1917 940.01 (1) (a) 1. Except as provided in subd. 2. and sub. (2), whoever causes the
18death of another human being with intent to kill that person or another is guilty of
19a Class A felony.
SB153, s. 29 20Section 29. 940.01 (1) (a) 2., 3. and 4. of the statutes are created to read:
SB153,8,2321 940.01 (1) (a) 2. Except as provided in subds. 3. and 4. and sub. (2), whoever
22causes the death of another human being with intent to kill that person or another
23is guilty of a Class AA felony if the victim has not attained the age of 16 years.
SB153,8,2524 3. Notwithstanding s. 939.05, a person is subject to subd. 2. as a party to a crime
25only if that person had intended that a person be killed.
SB153,9,2
14. A person is subject to subd. 2. only if the person is 16 years old or older when
2he or she commits the offense.
SB153, s. 30 3Section 30. 940.01 (1) (b) of the statutes is renumbered 940.01 (1) (b) 1. and
4amended to read:
SB153,9,85 940.01 (1) (b) 1. Except as provided in subds. 2. and 3. and sub. (2), whoever
6causes the death of an unborn child with intent to kill that unborn child, kill the
7woman who is pregnant with that unborn child or kill another is guilty of a Class
8 A AA felony.
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