SB115,6,115 939.619 (2) If a person has one or more prior convictions for a serious violent
6crime or a crime that is punishable by death or life imprisonment and subsequently
7commits a serious violent crime, the court shall impose a bifurcated sentence under
8s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed
9under this subsection may not be less than 3 years and 6 months, but otherwise the
10penalties for the crime apply, subject to any applicable penalty enhancement. The
11court may not place the defendant on probation.

SB115,6,1613 939.62 (2m) (c) If the actor is a persistent repeater and the actor is not
14sentenced to death under s. 973.0145, the term of imprisonment for the felony for
15which the persistent repeater presently is being sentenced under ch. 973 is life
16imprisonment without the possibility of parole or extended supervision.

SB115,6,2118 939.63 (1) (b) If the maximum term of imprisonment for a felony is more than
195 years or is a life term or the felony is a crime that is punishable by death or life
20imprisonment, the maximum term of imprisonment for the felony may be increased
21by not more than 5 years.

SB115,7,223 961.335 (1m) Notwithstanding sub. (1), upon the application of the secretary
24of corrections for a permit to obtain a controlled substance for purposes of an

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1execution under s. 973.0147, the controlled substances board shall issue a permit
2under this section.

SB115,7,54 967.02 (1m) "Crime that is punishable by death or life imprisonment" has the
5meaning given in s. 939.22 (7).

SB115,7,97 971.01 (3) If the information charges an offense under s. 940.01, the
8information shall contain a statement as to whether the state seeks a sentence of
9death for the offense.

SB115,7,1411 971.17 (1) (c) Felonies punishable by death or life imprisonment. If a defendant
12is found not guilty by reason of mental disease or mental defect of a felony that is a
13crime that is punishable by death or life imprisonment, the commitment period
14specified by the court may be life, subject to termination under sub. (5).

SB115,8,7 16972.03 Peremptory challenges. Each side is entitled to only 4 peremptory
17challenges except as otherwise provided in this section. When the crime charged is
18a crime that is punishable by death or life imprisonment, the state is entitled to 6
19peremptory challenges and the defendant is entitled to 6 peremptory challenges. If
20there is more than one defendant, the court shall divide the challenges as equally as
21practicable among them; and if their defenses are adverse and the court is satisfied
22that the protection of their rights so requires, the court may allow the defendants
23additional challenges. If the crime is a crime that is punishable by death or life
24imprisonment, the total peremptory challenges allowed the defense shall not exceed
2512 if there are only 2 defendants and 18 if there are more than 2 defendants; in other

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1felony cases 6 challenges if there are only 2 defendants and 9 challenges if there are
2more than 2. In misdemeanor cases, the state is entitled to 3 peremptory challenges
3and the defendant is entitled to 3 peremptory challenges, except that if there are 2
4defendants, the court shall allow the defense 4 peremptory challenges, and, if there
5are more than 2 defendants, the court shall allow the defense 6 peremptory
6challenges. Each side shall be allowed one additional peremptory challenge if
7additional jurors are to be selected under s. 972.04 (1).

SB115,8,99 972.13 (6) The following forms may be used for judgments:

SB115,8,1010 STATE OF WISCONSIN

SB115,8,1111 .... County

SB115,8,1212 In.... Court

SB115,8,1313 The State of Wisconsin

SB115,8,1414 vs.

SB115,8,1515 ....(Name of defendant)

SB115,8,1616 UPON ALL THE FILES, RECORDS AND PROCEEDINGS,

SB115,8,2217 IT IS ADJUDGED That the defendant has been convicted upon the defendant's
18plea of guilty (not guilty and a verdict of guilty) (not guilty and a finding of guilty)
19(no contest) on the.... day of...., .... (year), of the crime of.... in violation of s.....; and
20the court having asked the defendant whether the defendant has anything to state
21why sentence should not be pronounced, and no sufficient grounds to the contrary
22being shown or appearing to the court.

SB115,8,2323 *IT IS ADJUDGED That the defendant is guilty as convicted.

SB115,8,24 24*IT IS ADJUDGED That the defendant shall be executed by lethal injection.

SB115,9,2

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1*IT IS ADJUDGED That the defendant is hereby committed to the Wisconsin
2state prisons (county jail of.... county) for an indeterminate term of not more than.....

SB115,9,53 *IT IS ADJUDGED That the defendant is ordered to serve a bifurcated
4sentence consisting of .... year(s) of confinement in prison and .... months/years of
5extended supervision.

SB115,9,86 *IT IS ADJUDGED That the defendant is placed in the intensive sanctions
7program subject to the limitations of section 973.032 (3) of the Wisconsin Statutes
8and the following conditions:....

SB115,9,119 *IT IS ADJUDGED That the defendant is hereby committed to detention in
10(the defendant's place of residence or place designated by judge) for a term of not
11more than....

SB115,9,1312 *IT IS ADJUDGED That the defendant is placed on lifetime supervision by the
13department of corrections under section 939.615 of the Wisconsin Statutes.

SB115,9,1514 *IT IS ADJUDGED That the defendant is ordered to pay a fine of $.... (and the
15costs of this action).

SB115,9,1616 *IT IS ADJUDGED That the defendant pay restitution to....

SB115,9,1817 *IT IS ADJUDGED That the defendant is restricted in his or her use of
18computers as follows:....

SB115,9,2019 *The.... at.... is designated as the Reception Center to which the defendant shall
20be delivered by the sheriff.

SB115,9,2221 *IT IS ORDERED That the clerk deliver a duplicate original of this judgment
22to the sheriff who shall forthwith execute the same and deliver it to the warden.

SB115,9,2323 Dated this.... day of...., .... (year)

SB115,9,2424 BY THE COURT....

SB115,9,2525 Date of Offense....,

SB115,10,1

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1District Attorney....,

SB115,10,22 Defense Attorney....

SB115,10,33 *Strike inapplicable paragraphs.

SB115,10,44 STATE OF WISCONSIN

SB115,10,55 .... County

SB115,10,66 In.... Court

SB115,10,77 The State of Wisconsin

SB115,10,88 vs.

SB115,10,99 ....(Name of defendant)

SB115,10,1110 On the.... day of...., .... (year), the district attorney appeared for the state and
11the defendant appeared in person and by.... the defendant's attorney.

SB115,10,1212 UPON ALL THE FILES, RECORDS AND PROCEEDINGS

SB115,10,1413 IT IS ADJUDGED That the defendant has been found not guilty by the verdict
14of the jury (by the court) and is therefore ordered discharged forthwith.

SB115,10,1515 Dated this.... day of...., .... (year)

SB115,10,1616 BY THE COURT....

SB115,10,2118 973.01 (3) Not applicable to life or death sentences. If a person is being
19sentenced for a felony that is a crime that is punishable by death or life
20imprisonment, he or she is not subject to this section but shall be sentenced under
21s. 973.014 (1g) or 973.0145, whichever is applicable.

SB115,11,2 23973.0145 Sentence of death or life imprisonment. (1) If a defendant is
24convicted of an offense under s. 940.01 and the information charging the offense
25included a statement that the state seeks a sentence of death for the offense, the court

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1shall conduct a separate sentencing hearing under this section to determine whether
2the defendant shall be sentenced to death or life imprisonment.

SB115,11,5 3(2) If at any time before the court pronounces sentence, the state notifies the
4court that it no longer seeks a sentence of death, the court may not impose a sentence
5of death.

SB115,11,10 6(3) The sentencing hearing shall be before a jury unless the defendant waives
7the right to a jury for sentencing. The trial jury shall serve as the sentencing jury
8unless the trial jury is unable to reconvene for the sentencing hearing, the defendant
9pleaded guilty, or the defendant waived the right to a jury at trial, in which case the
10court shall summon a new jury.

SB115,11,13 11(4) The parties may present evidence relating to the nature of the offense, the
12history and background of the defendant, and any mitigating circumstances, as well
13as deoxyribonucleic acid evidence related to the offense.

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

SB115,11,1515 (a) The defendant has no significant history of prior criminal activity.

SB115,11,1716 (b) The offense was committed while the defendant was under the influence of
17extreme mental or emotional disturbance.

SB115,11,1918 (c) The offense was committed by more than one individual and the defendant's
19participation in the commission of the offense was relatively minor.

SB115,11,2120 (d) The defendant acted under extreme duress or under the substantial
21domination of another person.

SB115,11,2422 (e) The capacity of the defendant to appreciate the criminality of his or her
23conduct or to conform his or her conduct to the requirements of law was substantially
24impaired.

SB115,12,2

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

SB115,12,43 (g) The victim was a participant in the defendant's conduct or consented to the
4act.

SB115,12,55 (h) Any other factor bearing on a defendant's culpability for the offense.

SB115,12,12 6(6) The court shall instruct the jurors that a mitigating circumstance need not
7be found by all members of the jury and need only be proved to the satisfaction of an
8individual juror in order to be considered by the juror in making a sentence
9recommendation. If the defendant is ineligible for extended supervision under s.
10939.62 (2m) (c), the court shall inform the jurors that if the jury does not recommend
11imposition of a sentence of death the defendant will be sentenced to life
12imprisonment without the possibility of release to extended supervision.

SB115,12,14 13(7) (a) The court may not impose a sentence of death unless the jury or, if the
14hearing is before the court without a jury, the court finds that the offense was vicious.

SB115,12,1815 (b) The jury and court shall consider any deoxyribonucleic acid evidence that
16is related to the offense or the absence of any such deoxyribonucleic acid evidence and
17shall consider evidence of mitigating circumstances in determining whether a
18sentence of death is appropriate.

SB115,12,22 19(8) (a) If the jury unanimously recommends a sentence of death, the court shall
20impose a sentence of death, except that if the court finds that a sentence of death is
21not appropriate the court shall impose a sentence of life imprisonment under s.
22973.014.

SB115,12,2423 (b) If the jury does not unanimously recommend a sentence of death, the court
24shall impose a sentence of life imprisonment under s. 973.014.

SB115,13,3

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1(c) If the hearing is before the court without a jury, the court shall consider the
2factors described under sub. (7) (b) and impose a sentence of death or life
3imprisonment under s. 973.014.

SB115,13,5 4(9) The court may not impose a sentence of death on a person who is mentally
5retarded.

SB115,13,11 6(10) If the court imposes a sentence of death, the judgment of conviction and
7sentence of death are subject to automatic review by the supreme court within 60
8days after certification by the sentencing court of the entire record, unless the
9supreme court, for good cause shown, extends the time for an additional period not
10to exceed 30 days. The review by the supreme court has priority over all other cases
11and shall be heard in accordance with rules promulgated by the supreme court.

SB115,13,14 12(11) The court that imposes a sentence of death shall set the date for execution.
13The defendant shall be committed to the Wisconsin state prisons pending the
14execution of the death sentence.

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

SB115,14,5 17973.0147 Execution of death sentence; stay of execution. The secretary
18of corrections shall designate the executioner who shall provide a person subject to
19a death sentence with an intravenous injection of one or more substances in a lethal
20quantity. A person is immune from civil or criminal liability for his or her acts or
21omissions, in good faith, in regard to a lawful execution under this section. The
22secretary may not direct a physician to be present or require a physician to announce
23when death has occurred. A physician may certify the death after a person, other
24than a physician, has determined or pronounced death. The secretary shall
25designate 12 citizens to witness the execution. The convicted person may request

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1that certain additional people be allowed to witness the execution. The secretary
2shall grant any such reasonable request. The secretary may allow representatives
3of the news media to witness the execution under rules of the department. No other
4persons may be allowed to witness the execution. The execution of a death sentence
5may be stayed only by the governor or incident to an appeal.

SB115,14,97 973.09 (1) (c) When a person is convicted of any crime which that is a crime that
8is punishable by death or life imprisonment, the court shall may not place the person
9on probation.

SB115,14,1111 973.15 (2m) (a) 2. c. A sentence of death under s. 973.0145.

SB115,14,1913 978.07 (1) (c) 1. Any Except if subd. 1m. applies, any case record of a felony
14punishable by life imprisonment or a related case, after the defendant's parole
15eligibility date under s. 304.06 (1) or 973.014 (1) or date of eligibility for release to
16extended supervision under s. 973.014 (1g) (a) 1. or 2., whichever is applicable, or 50
17years after the commencement of the action, whichever occurs later. If there is no
18parole eligibility date or no date for release to extended supervision, the district
19attorney may destroy the case record after the defendant's death.