The exterior dome of the Wisconsin state Capitol is seen in Madison Feb. 15, 2023. PC: Fox 11 Online
MADISON, WI (WTAQ-WLUK) — A pair of Republicans in the Wisconsin Legislature have proposed legislation that would allow for people convicted of certain sexual crimes against children to be executed.
Wisconsin abolished the death penalty in 1853, becoming the first state to permanently ban capital punishment.
State Rep. Elijah Behnke from Oconto County and State Sen. Chris Kapenga from Waukesha County co-authored the bill. A memo seeking co-sponsorship was circulated to lawmakers Monday.
“These are monstrous, vile and unforgivable acts, and nothing can undo the devastation created for that child and their family,” Behnke and Kapenga wrote.
If passed, it would reintroduce the death penalty as an option at sentencing, in addition to life in prison, in cases of first-degree sexual assault of a child. That includes 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.
A number of provisions would need to be met:
- DNA evidence must tie the convicted person to the crime
- The state must provide notice of their intent to seek the death penalty when charges are filed
- The court must hold a sentencing hearing separate from the trial
- Any imposition of execution must be subject to automatic review by the Wisconsin Supreme Court
- The court that imposes the death 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”
In an online newsletter, Kapenga said:
It’s time to stop talking about how we can increase jail time for these types of child sex offenders. They don’t pull out the statute book before they destroy someone and their family and say, “I wonder if it’s worth that many years in prison?
Remember, the goal of the law is not only to punish those who break it, but more importantly, to put in place consequences that help prohibit the law from being broken in the first place. Jail time doesn’t scare these people, but the death penalty will. Passing legislation like this will save innocent lives.
The bill is unlikely to move forward, as Wisconsin’s current legislative session is coming to a close.
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