Wisconsin 2025 Regular Session Status: Introduced 1 R cosponsors

SB 1094 — Relating to: 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 — Failed to pass pursuant to Senate Joint Resolution 1

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced March 04, 2026. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Not enough signal yet

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

Not enough signal yet to read this bill's trajectory — we surface a likelihood only once there's real movement (stage, sponsorship, committee, or votes) to point to.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill creates death penalty for certain child sex offenses under strict conditions.

This bill allows the death penalty or life imprisonment for specific convictions of child sexual assault, requiring DNA evidence to apply the death penalty. It also establishes protocols for sentencing and execution.

Summary

An Act to amend 301.048 (2) (am) 2., 302.11 (1), 302.114 (1), 303.065 (1) (b) 2., 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.50 (3) (a), 939.60, 939.619 (2), 939.62 (2m) (c), 939.63 (1) (b), 971.17 (1) (c), 972.03, 973.01 (3), 973.0135 (3), 973.032 (2) (b), 973.09 (1) (c) and 978.07 (1) (c) 1.; to create 301.046 (3) (cm), 302.11 (1w), 304.06 (1t), 939.22 (7), 961.335 (1m), 967.02 (1v), 971.01 (3), 973.0145, 973.0147, 973.15 (2m) (a) 2. c. and 978.07 (1) (c) 1m. of the statutes;

Bill Text

How this bill changes current law

7 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends several statutes related to the eligibility and conditions for parole, work release, and mandatory release for inmates sentenced to life imprisonment or death.

  • Wis. Stat. § 301.048 (2)(am)2.

    He or she is a prisoner serving a felony sentence not punishable by life imprisonment and the department directs him or her to participate in the program. → He or she is a prisoner serving a felony sentence for a felony that is not punishable by death or by life imprisonment and the department directs him or her to participate in the program.

    This change clarifies that prisoners eligible for the intensive sanctions program must not be serving a sentence that could lead to death or life imprisonment.

  • Wis. Stat. § 302.11 (1)

    Except as provided in subs. (1g), (1m), (1q), (1z), and (7), each inmate is entitled to mandatory release on parole by the department. → Except as provided in subs. (1g), (1m), (1q), (1w), (1z), and (7), each inmate is entitled to mandatory release on parole by the department.

    This change adds a new exception for inmates sentenced to death or life imprisonment who are not entitled to mandatory release.

  • Wis. Stat. § 302.114 (1)

    An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. → An inmate is subject to this section if he or she is serving a life sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence under s. 939.62 (2m) or 973.014 (1g) (a) 3. or awaiting execution of a death sentence under s. 973.0147 is not eligible for release to extended supervision under this section.

    This change stipulates that inmates awaiting execution of a death sentence are ineligible for release to extended supervision.

  • Wis. Stat. § 303.065 (1)(b)2.

    A person serving a life sentence under s. 939.62 (2m) (c), 948.051 (1) (b) or (2) (b), or 973.014 (1) (c) or (1g) (a) 3. may not be considered for work release. → A person serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) (a) 3. or awaiting execution of a death sentence under s. 973.0147 may not be considered for work release.

    This change prohibits inmates sentenced to life or awaiting execution for death sentence from being eligible for work release.

  • Wis. Stat. § 304.02 (5)

    Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) may not be considered for work release. → Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) or who is awaiting execution of a death sentence under s. 973.0147 is not eligible for release to parole supervision under this section.

    This change clarifies that inmates serving life sentences or awaiting death sentences are not eligible for parole supervision.

  • Wis. Stat. § 304.06 (1)(b)

    the parole commission may parole an inmate serving a life term when he or she has served 20 years → the parole commission may not parole an inmate who is sentenced under s. 973.0145 to life imprisonment or to death.

    This change establishes that inmates sentenced to life imprisonment or death are barred from parole.

  • Wis. Stat. § 304.06 (1t)

    The parole commission may not parole an inmate who is sentenced under s. 973.0145 to life imprisonment or to death.

    This is a new provision that explicitly prevents parole for inmates sentenced to life or death.

Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Representative Murphy added as a cosponsor

  3. Read first time and referred to Committee on Judiciary and Public Safety

  4. Introduced by Senator Kapenga; cosponsored by Representative Behnke

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 130 not signed on

Sponsors (1)

Co-sponsors (1)

  • Behnke

Not signed on (130)

130 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety labor
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Frequently asked questions

What does SB 1094 do?
An Act to amend 301.048 (2) (am) 2., 302.11 (1), 302.114 (1), 303.065 (1) (b) 2., 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.50 (3) (a), 939.60, 939.619 (2), 939.62 (2m) (c), 939.63 (1) (b), 971.17 (1) (c), 972.03, 973.01 (3), 973.0135 (3), 973.032 (2) (b), 973.09 (1) (c) and 978.07 (1) (c) 1.; to create 301.046 (3) (cm), 302.11 (1w), 304.06 (1t), 939.22 (7), 961.335 (1m), 967.02 (1v), 971.01 (3), 973.0145, 973.0147, 973.15 (2m) (a) 2. c. and 978.07 (1) (c) 1m. of the statutes;
Who sponsors SB 1094?
SB 1094 is sponsored by Behnke and Kapenga, Chris (Republican).
What is the current status of SB 1094?
This bill has been introduced in the Senate. Introduced March 04, 2026. It must pass committee before a floor vote.
Where can I track SB 1094?
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