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WI SB1094
Bill
Status
3/4/2026
Primary Sponsor
Chris Kapenga
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AI Summary
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Establishes the death penalty in Wisconsin for first degree sexual assault of a child, specifically for sexual contact or intercourse with a victim under 13 resulting in great bodily harm, or sexual intercourse with a victim under 12
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Requires DNA evidence linking the defendant to the crime before a death sentence can be imposed; prohibits death penalty for defendants who are intellectually disabled or were under 18 at the time of the offense
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Mandates a separate sentencing hearing after conviction where a jury must unanimously recommend death for the court to impose it; if the jury is not unanimous or the court finds death inappropriate, life imprisonment is imposed
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Requires automatic review of all death sentences by the Wisconsin Supreme Court within 60 days, with execution stays permitted only by the governor or through appeal
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Directs the Department of Corrections to promulgate emergency rules establishing execution procedures, including method of execution, within 6 months of enactment
Legislative Description
Creating the penalty of death or life imprisonment for persons who are convicted of certain child sex offenses, providing an exemption from emergency rule procedures, and providing a penalty. (FE)
Last Action
Read first time and referred to Committee on Judiciary and Public Safety
3/4/2026