AB 1132

Current law does not provide a penalty of death for any state crime. This bill provides a penalty of death if a person has been convicted of specified instances of first degree sexual assault of a child, which include sexual contact or sexual intercourse with a person who is under 13 if great bodily harm results or sexual intercourse with a person who is under 12. The bill provides that there must be DNA evidence tying the person to the crime in order for the death penalty to apply. The bill sets forth a procedure for imposing the death penalty.

Under the bill, if the state intends to seek the death penalty, the state must provide notice of the intent in the court filing that charges the offense. Once the defendant has been convicted of first degree sexual assault of a child in a case for which notice has been given, the court must hold a sentencing hearing that is separate from the trial. The defendant has a right to a jury at the sentencing hearing. If the trial was held without a jury or if the trial jury cannot continue to serve at the sentencing hearing, a new jury must be selected. If the defendant waives the right to a jury for the sentencing hearing, the hearing must be held before the court. At the sentencing hearing, the parties may present evidence relating to the nature of the offense, the history and background of the defendant, and any mitigating circumstances, as well as DNA evidence related to the offense

If the jury unanimously recommends a penalty of death, the court must impose the penalty of death unless the court finds that a penalty of death is not appropriate. If the court finds that a penalty of death is not appropriate or if the jury does not unanimously recommend a penalty of death, the court must impose a sentence of life imprisonment. The court may not impose a penalty of death on a defendant if there is no DNA evidence that ties the defendant to the crime, and the court may not impose a penalty of death on a defendant who is intellectually disabled or was a minor at the time the crime was committed.

Under the bill, any imposition of a penalty of death is subject to automatic appellate review by the Wisconsin Supreme Court. The court that imposes the penalty must set a reasonable execution date. The secretary of corrections must designate the executioner and at least 12 witnesses. The Department of Corrections must promulgate rules for the execution of a death sentence, including the method of execution, within six months after the bill is enacted.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.