SB490: Bill Text

SB490, s. 49 Section 49. Subchapter IV (title) of chapter 809 [precedes 809.40] of the statutes is amended to read:

SB490,21,11 CHAPTER 809

SB490,21,12 SUBCHAPTER IV

SB490,21,20 CHAPTERS 48, 51, 55 AND Appeal procedure in Court of appeals in Termination of parental rights, ch. 799, TRAFFIC REGULATION, MUNICIPAL ORDINANCE VIOLATION, AND MISDEMEANOR parental consent to abortion CASES APPEAl PROCEDURE IN COURT OF APPEALS

SB490, s. 50 Section 50. 809.40 (title) of the statutes is amended to read:

SB490,21,24 809.40 (title) Rule (Applicability Appeals in termination of parental rights, ch. 799, traffic regulation, municipal ordinance violation, and parental consent to abortion cases).

SB490, s. 51 Section 51. 809.40 (1) of the statutes is repealed.

SB490, s. 52 Section 52. 809.40 (1m) of the statutes is amended to read:

SB490,22,5 809.40 (1m) Subsection (1) does not apply to an An appeal from an order denying a petition under s. 48.375 (7), which is governed by the procedures specified in s. 809.105, or to and an appeal from an order or judgment under s. 48.43, which is governed by the procedures specified in s. 809.107.

SB490, s. 53 Section 53. 809.40 (3) of the statutes, as affected by Supreme Court Order 00-02, is amended to read:

SB490,22,10 809.40 (3) Any civil appeal to the court of appeals under sub. (1) or (2) is subject to the docketing statement requirement of s. 809.10 (1) (d) and may be eligible for the expedited appeals program in the discretion of the court.

SB490, s. 54 Section 54. 809.62 (1) (intro.) of the statutes is amended to read:

SB490,22,17 809.62 (1) (intro.) A party may file with the supreme court a petition for review of an adverse decision of the court of appeals pursuant to s. 808.10 within 30 days of the date of the decision of the court of appeals. Supreme court review is a matter of judicial discretion, not of right, and will be granted only when special and important reasons are presented. The following, while neither controlling nor fully measuring the court's discretion, indicate criteria that will be considered:

SB490, s. 55 Section 55. 809.82 (2) (b) of the statutes is amended to read:

SB490,22,21 809.82 (2) (b) Notwithstanding the provisions of par. (a), the time for filing a notice of appeal or cross-appeal of a final judgment or order other than in an appeal under s. 809.30 or 809.40 (1) 809.32 may not be enlarged.

SB490, s. 56 Section 56. 938.297 (8) of the statutes is created to read:

SB490,23,2 938.297 (8) 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 such final judgment or order was entered upon an admission or a plea of no contest to the allegations in the petition.

SB490, s. 57 Section 57. 971.17 (7m) of the statutes is created to read:

SB490,23,12 971.17 (7m) Motion for postdisposition relief and appeal. (a) Appeal by respondent. A motion for postdisposition relief by a person committed under this section shall be made in the time and manner provided in ss. 809.30 to 809.32. An appeal by a person who has been committed under this section from a final order under this section or from an order denying a motion for postdisposition relief shall be taken in the time and manner provided in ss. 808.04 (3) and 809.30 to 809.32. The person shall file a motion for postdisposition relief in the circuit court before a notice of appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.

SB490,23,15 (b) Appeal by state. An appeal by the state from a final judgment or order under this section may be taken to the court of appeals within the time specified in s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809.

SB490, s. 58 Section 58. 974.02 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB490,24,2 974.02 (1) A motion for postconviction relief other than under s. 974.06 or 974.07 (2) by the defendant in a criminal case shall be made in the time and manner provided in ss. 809.30 and 809.40 to 809.32. An appeal by the defendant in a criminal case from a judgment of conviction or from an order denying a postconviction motion or from both shall be taken in the time and manner provided in ss. 808.04 (3), and 809.30 and 809.40 to 809.32. An appeal of an order or judgment on habeas corpus remanding to custody a prisoner committed for trial under s. 970.03 shall be taken under ss. 808.03 (2) and 809.50, with notice to the attorney general and the district attorney and opportunity for them to be heard.

SB490, s. 59 Section 59. 974.02 (2) of the statutes is amended to read:

SB490,24,6 974.02 (2) An appellant is not required to file a postconviction motion in the trial circuit court prior to an appeal if the grounds are sufficiency of the evidence or issues previously raised.

SB490, s. 60 Section 60. 980.061 of the statutes is created to read:

SB490,24,16 980.061 Motion for postdisposition relief and appeal. (1) Appeal by respondent. A motion for postdisposition relief from a final order or judgment by a person committed under this chapter shall be made in the time and manner provided in ss. 809.30 to 809.32. An appeal from a final order or judgment entered under this chapter or from an order denying a motion for postdisposition relief by a person committed under this chapter shall be taken in the time and manner provided in ss. 808.04 (3) and 809.30 to 809.32. The person shall file a motion for postdisposition relief in circuit court before a notice of appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or issues previously raised.

SB490,24,19 (2) Appeal by state. An appeal by the state from a final judgment or order under this chapter may be taken to the court of appeals within the time specified in s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809.

SB490, s. 61 Section 61. Effective date.

SB490,24,22 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB490,24,23 (End)