LRB-1073/1
JEO:cmh&ksh:ijs
1999 - 2000 LEGISLATURE
February 8, 2000 - Introduced by Representatives F. Lasee, Kaufert, Pettis,
Kreuser, Ainsworth and
Skindrud, cosponsored by Senators A. Lasee,
Roessler and Drzewiecki. Referred to Committee on Criminal Justice.
AB724,1,11
1An Act to renumber 939.50 (1) (a), 939.50 (3) (a) and 973.015;
to amend 301.048
2(2) (b), 302.11 (1m), 302.114 (1), 303.065 (1) (b) 2., 304.02 (5), 304.06 (1) (b),
3304.071 (2), 939.30 (2), 939.31, 939.32 (1) (a), 939.50 (2), 939.60, 939.624 (2),
4939.625 (1) (b) 2., 939.63 (1) (a) 2., 940.01 (1) (a), 940.01 (1) (b), 940.01 (3),
5961.335 (1), 971.17 (1), 972.03, 972.13 (6), 973.01 (3), 973.013 (1) (b), 973.0135
6(3), 973.032 (2) (b), 973.09 (1) (c) and 978.07 (1) (c) 1.; and
to create 301.046 (3)
7(cm), 304.06 (1t), 939.22 (7), 939.50 (1) (ag), 939.50 (3) (ag), 940.01 (1m), 961.335
8(1m), 967.02 (1m), 973.015, 973.016 and 973.017 of the statutes;
relating to:
9providing a penalty of either death or life imprisonment for a 2nd or subsequent
10conviction for first-degree intentional homicide, affecting parole eligibility and
11granting 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 restrictions on eligibility for parole or supervised release) for first-degree
intentional homicide committed by a person who has one or more previous
convictions for first-degree intentional homicide or an equivalent crime under
federal law, prior law of this state or the law of another state. A first conviction for
first-degree homicide remains punishable by life imprisonment.
The procedure for determining whether the death penalty would be imposed is
the subject of a proceeding that is separate from the regular trial. After a second or
subsequent conviction for first-degree intentional homicide, 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.
If the jury is not waived, the jury hears the evidence and then gives an advisory
sentence to the judge 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 eligibility for parole or extended supervision. The judge, 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 judge may completely or substantially restrict the defendant's
eligibility for parole or extended supervision. If the judge chooses the death sentence
he or she must set forth his or her findings in writing. Any death sentence is subject
to automatic appellate review by the supreme court.
The judge that imposes the death sentence sets the execution date. The
secretary of corrections designates the executioner. One physician and 12 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:
AB724, s. 1
1Section
1. 301.046 (3) (cm) of the statutes is created to read:
AB724,2,22
301.046
(3) (cm) The prisoner is not awaiting imposition of a death sentence.
AB724, s. 2
3Section
2. 301.048 (2) (b) of the statutes is amended to read:
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, s. 3
1Section
3. 302.11 (1m) of the statutes is amended to read:
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, s. 4
6Section
4. 302.114 (1) of the statutes is amended to read:
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, s. 5
11Section
5. 303.065 (1) (b) 2. of the statutes is amended to read:
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, s. 6
15Section
6. 304.02 (5) of the statutes is amended to read:
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, s. 7
19Section
7. 304.06 (1) (b) of the statutes is amended to read:
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)
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, s. 8
10Section
8. 304.06 (1t) of the statutes is created to read:
AB724,4,1211
304.06
(1t) The parole commission may not parole an inmate who is awaiting
12imposition of a death sentence.
AB724, s. 9
13Section
9. 304.071 (2) of the statutes is amended to read:
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, s. 10
17Section
10. 939.22 (7) of the statutes is created to read:
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, s. 11
20Section
11. 939.30 (2) of the statutes is amended to read:
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, s. 12
24Section
12. 939.31 of the statutes is amended to read:
AB724,5,7
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.
AB724, s. 13
8Section
13. 939.32 (1) (a) of the statutes is amended to read:
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, s. 14
11Section
14. 939.50 (1) (a) of the statutes is renumbered 939.50 (1) (am).
AB724, s. 15
12Section
15. 939.50 (1) (ag) of the statutes is created to read:
AB724,5,1313
939.50
(1) (ag) Class AA felony.
AB724, s. 16
14Section
16. 939.50 (2) of the statutes is amended to read:
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, s. 17
17Section
17. 939.50 (3) (a) of the statutes is renumbered 939.50 (3) (am).
AB724, s. 18
18Section
18. 939.50 (3) (ag) of the statutes is created to read:
AB724,5,2019
939.50
(3) (ag) For a Class AA felony, life imprisonment or death, as determined
20under s. 973.015.
AB724, s. 19
21Section
19. 939.60 of the statutes is amended to read:
