Assembly Bill 1132 proposes significant changes to Wisconsin's criminal law by introducing the death penalty for certain child sex offenses, specifically first-degree sexual assault of a child under certain conditions. The bill stipulates that the death penalty can only be imposed if there is DNA evidence linking the defendant to the crime. It outlines a detailed procedure for imposing the death penalty, including the requirement for the state to notify the court of its intent to seek the death penalty at the time of charging, and mandates a separate sentencing hearing where a jury can recommend the death penalty. If the jury does not unanimously recommend death, or if the court finds it inappropriate, a life sentence will be imposed instead. The bill also includes provisions for automatic appellate review by the Wisconsin Supreme Court for any death penalty cases.

In addition to establishing the death penalty, the bill amends various sections of existing law to reflect these changes. Notably, it creates new definitions and clarifies that individuals sentenced to death or life imprisonment are not eligible for parole. It also modifies existing statutes to ensure that the penalties for certain crimes now include the possibility of death, and it establishes the necessary procedures for execution, including the designation of an executioner and the requirement for the Department of Corrections to develop rules for carrying out death sentences. Overall, this bill represents a significant shift in Wisconsin's approach to severe crimes against children, introducing the most severe penalty available under state law.

Statutes affected:
Bill Text: 301.048(2)(am)2, 301.048, 302.11(1), 302.11, 302.114(1), 302.114, 303.065(1)(b)2, 303.065, 304.02(5), 304.02, 304.06(1)(b), 304.06, 304.071(2), 304.071, 939.50(3)(a), 939.50, 939.60, 939.619(2), 939.619, 939.62(2m)(c), 939.62, 939.63(1)(b), 939.63, 971.17(1)(c), 971.17, 972.03