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Wisconsin Legislature: AB1132: Bill Text
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AB1132: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6486/1
CMH:cdc
2025 ASSEMBLY BILL 1132
March 13, 2026 - Introduced by Representative
Behnke
, cosponsored by Senator
Kapenga
. Referred to Committee on Criminal Justice and Public Safety.
AB1132,1,9
1
An Act
to amend
301.048 (2) (am) 2., 302.11 (1), 302.114 (1), 303.065 (1) (b) 2.,
2
304.02 (5), 304.06 (1) (b), 304.071 (2), 939.50 (3) (a), 939.60, 939.619 (2), 939.62
3
(2m) (c), 939.63 (1) (b), 971.17 (1) (c), 972.03, 973.01 (3), 973.0135 (3), 973.032
4
(2) (b), 973.09 (1) (c) and 978.07 (1) (c) 1.;
to create
301.046 (3) (cm), 302.11
5
(1w), 304.06 (1t), 939.22 (7), 961.335 (1m), 967.02 (1v), 971.01 (3), 973.0145,
6
973.0147, 973.15 (2m) (a) 2. c. and 978.07 (1) (c) 1m. of the statutes;
relating
7
to:
creating the penalty of death or life imprisonment for persons who are
8
convicted of certain child sex offenses, providing an exemption from
9
emergency rule procedures, and providing a penalty.
Analysis by the Legislative Reference Bureau
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.
For further information see the state and local 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:
AB1132,1
1
Section
1
.
301.046 (3) (cm) of the statutes is created to read:
AB1132,2,2
2
301.046
(3)
(cm) The prisoner is not awaiting execution of a death sentence.
AB1132,2
3
Section
2
.
301.048 (2) (am) 2. of the statutes is amended to read:
AB1132,3,3
4
301.048
(2)
(am) 2. He or she is a prisoner serving a
felony
sentence
for a
1
felony that is
not punishable by
death or by
life imprisonment and the department
2
directs him or her to participate in the program. This subdivision does not apply to
3
a prisoner serving a bifurcated sentence imposed under s. 973.01.
AB1132,3
4
Section
3
.
302.11 (1) of the statutes is amended to read:
AB1132,3,10
5
302.11
(1)
The warden or superintendent shall keep a record of the conduct of
6
each inmate, specifying each infraction of the rules. Except as provided in subs.
7
(1g), (1m), (1q),
(1w),
(1z), and (7), each inmate is entitled to mandatory release on
8
parole by the department. The mandatory release date is established at two-thirds
9
of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b)
10
resulting in fractions of a day shall be rounded in the inmate’s favor to a whole day.
AB1132,4
11
Section
4
.
302.11 (1w) of the statutes is created to read:
AB1132,3,13
12
302.11
(1w)
An inmate who is sentenced to death or life imprisonment under
13
s. 973.0145 is not entitled to mandatory release on parole under this section.
AB1132,5
14
Section
5
.
302.114 (1) of the statutes is amended to read:
AB1132,3,19
15
302.114
(1)
An inmate is subject to this section if he or she is serving a life
16
sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence
17
under s. 939.62 (2m) or 973.014 (1g) (a) 3.
or awaiting execution of a death sentence
18
under s. 973.0147
is not eligible for release to extended supervision under this
19
section.
AB1132,6
20
Section
6
.
303.065 (1) (b) 2. of the statutes is amended to read:
AB1132,3,23
21
303.065
(1)
(b) 2. A person serving a life sentence under s. 939.62 (2m) (c) or
22
973.014 (1) (c) or (1g) (a) 3.
or awaiting execution of a death sentence under s.
23
973.0147
may not be considered for work release.
AB1132,7
1
Section
7
.
304.02 (5) of the statutes is amended to read:
AB1132,4,5
2
304.02
(5)
Notwithstanding subs. (1) to (3), a prisoner who is serving a life
3
sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g)
or who is awaiting
4
execution of a death sentence under s. 973.0147
is not eligible for release to parole
5
supervision under this section.
AB1132,8
6
Section
8
.
304.06 (1) (b) of the statutes is amended to read:
AB1132,4,22
7
304.06
(1)
(b) Except as provided in s. 961.49 (2), 1999 stats., sub. (1m)
or (1t),
8
or s. 302.045 (3), 302.05 (3) (b), 973.01 (6), or 973.0135, the parole commission may
9
parole an inmate of the Wisconsin state prisons or any felon or any person serving
10
at least one year or more in a county house of correction or a county reforestation
11
camp organized under s. 303.07, when he or she has served 25 percent of the
12
sentence imposed for the offense, or 6 months, whichever is greater. Except as
13
provided in
sub. (1t) or
s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g) or (2), the
14
parole commission may parole an inmate serving a life term when he or she has
15
served 20 years, as modified by the formula under s. 302.11 (1) and subject to
16
extension under s. 302.11 (1q) and (2), if applicable. The person serving the life
17
term shall be given credit for time served prior to sentencing under s. 973.155,
18
including good time under s. 973.155 (4). The secretary may grant special action
19
parole releases under s. 304.02. The department or the parole commission shall not
20
provide any convicted offender or other person sentenced to the department’s
21
custody any parole eligibility or evaluation until the person has been confined at
22
least 60 days following sentencing.
AB1132,9
23
Section
9
.
304.06 (1t) of the statutes is created to read:
AB1132,5,2
1
304.06
(1t)
The parole commission may not parole an inmate who is
2
sentenced under s. 973.0145 to life imprisonment or to death.
AB1132,10
3
Section
10
.
304.071 (2) of the statutes is amended to read:
AB1132,5,6
4
304.071
(2)
If a prisoner is not eligible for parole under s. 961.49 (2), 1999
5
stats., or s.
304.06 (1t),
939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or (1g) or 973.032
6
(5), he or she is not eligible for parole under this section.
AB1132,11
7
Section
11
.
939.22 (7) of the statutes is created to read:
AB1132,5,9
8
939.22
(7)
“Crime that is punishable by death” means a felony crime for which
9
the possible penalties include death and life imprisonment.
AB1132,12
10
Section
12
.
939.50 (3) (a) of the statutes is amended to read:
AB1132,5,13
11
939.50
(3)
(a) For a Class A felony, life imprisonment
, except that the penalty
12
for a violation of s. 948.02 (1) (am) or (b) or 948.025 (1) (a) is death or life
13
imprisonment
.
AB1132,13
14
Section
13
.
939.60 of the statutes is amended to read:
AB1132,5,17
15
939.60
Felony and misdemeanor defined.
A crime
that is
punishable by
16
death or punishable by
imprisonment in the Wisconsin state prisons is a felony.
17
Every other crime is a misdemeanor.
AB1132,14
18
Section
14
.
939.619 (2) of the statutes is amended to read:
AB1132,6,2
19
939.619
(2)
If a person has one or more prior convictions for a serious violent
20
crime or a crime
that is
punishable by
death or punishable by
life imprisonment and
21
subsequently commits a serious violent crime, the court shall impose a bifurcated
22
sentence under s. 973.01. The term of confinement in prison portion of a bifurcated
23
sentence imposed under this subsection may not be less than 5 years, but otherwise
1
the penalties for the crime apply, subject to any applicable penalty enhancement.
2
The court may not place the defendant on probation.
AB1132,15
3
Section
15
.
939.62 (2m) (c) of the statutes is amended to read:
AB1132,6,7
4
939.62
(2m)
(c) If the actor is a persistent repeater
and the actor is not
5
sentenced to death under s. 973.0145
, the term of imprisonment for the felony for
6
which the persistent repeater presently is being sentenced under ch. 973 is life
7
imprisonment without the possibility of parole or extended supervision.
AB1132,16
8
Section
16
.
939.63 (1) (b) of the statutes is amended to read:
AB1132,6,12
9
939.63
(1)
(b) If the maximum term of imprisonment for a felony is more than
10
5 years or is
a
life
term
imprisonment or the felony is a crime that is punishable by
11
death
, the maximum term of imprisonment for the felony may be increased by not
12
more than 5 years.
AB1132,17
13
Section
17
.
961.335 (1m) of the statutes is created to read:
AB1132,6,17
14
961.335
(1m)
Notwithstanding sub. (1), upon the application of the secretary
15
of corrections for a permit to obtain a controlled substance for purposes of an
16
execution under s. 973.0147, the controlled substances board shall issue a permit
17
under this section.
AB1132,18
18
Section
18
.
967.02 (1v) of the statutes is created to read:
AB1132,6,20
19
967.02
(1v)
“Crime that is punishable by death” has the meaning given in s.
20
939.22 (7).
AB1132,19
21
Section
19
.
971.01 (3) of the statutes is created to read:
AB1132,7,2
22
971.01
(3)
If the information charges an offense under s. 948.02 (1) (am) or (b)
1
or 948.025 (1) (a), the information shall contain a statement as to whether the state
2
seeks a sentence of death for the offense.
AB1132,20
3
Section
20
.
971.17 (1) (c) of the statutes is amended to read:
AB1132,7,8
4
971.17
(1)
(c)
Felonies punishable by
death or
life imprisonment.
If a
5
defendant is found not guilty by reason of mental disease or mental defect of a
felony
6
crime
that is punishable by
death or punishable by
life imprisonment, the
7
commitment period specified by the court may be life, subject to termination under
8
sub. (5).
AB1132,21
9
Section
21
.
972.03 of the statutes is amended to read:
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