Date of enactment: June 19, 2009
2009 Assembly Bill 124 Date of publication*: July 3, 2009

2009 WISCONSIN ACT 27

An Act to amend 971.31 (10); and to create 808.03 (3) and 938.297 (8) of the statutes; relating to: appellate procedure.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

27, s. 1 Section 1. 808.03 (3) of the statutes is created to read:

808.03 (3) Review of an order denying suppression or exclusion of evidence. (a) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a juvenile may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon an admission or a plea of no contest to the allegations in the petition.

(b) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a defendant may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon a plea of guilty or no contest to the information or criminal complaint.

27, s. 2 Section 2. 938.297 (8) of the statutes is created to read:

938.297 (8) Appellate review. An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a juvenile may be reviewed upon appeal from a final judgment or order notwithstanding the fact that the judgment or order was entered upon an admission or a plea of no contest to the allegations in the petition.

27, s. 3 Section 3. 971.31 (10) of the statutes is amended to read:

971.31 (10) An order denying a motion to suppress evidence or a motion challenging the admissibility of a statement of a defendant may be reviewed upon appeal from a final judgment of conviction or order notwithstanding the fact that such the judgment or order was entered upon a plea of guilty or no contest to the information or criminal complaint.

27, s. 4 Section 4. Effective date.

(1) This act takes effect on the first day of the 4th month beginning after publication.