LRB-0155/1
RPN:kmg:km
1995 - 1996 LEGISLATURE
June 27, 1995 - Introduced by
Law Revision Committee. Referred to Committee
on Judiciary.
AB465,1,3
1An Act to renumber and amend 808.03 (1); and
to create 808.03 (1) (a) to (d)
2of the statutes;
relating to: limiting appeals as a matter of right to traffic
3regulation cases in which the penalty is a forfeiture.
Analysis by the Legislative Reference Bureau
Under current law, generally, a final judgment or order of a circuit court is
appealable to the court of appeals as a matter of right. This provision applies to
judgments, orders and dispositions rendered in traffic regulation cases. In State v.
Borowski, 164 Wis. 2d 730 (Ct. App. 1991), the court held that the right to appeal did
not apply to the result of a hearing regarding a refusal to take a chemical breath test
because a judgment in that hearing could not result in a forfeiture. This bill codifies
that decision by granting the right to appeal a final judgment or order in traffic
regulation cases only if the judgment or order may require that a person convicted
of a violation pay a forfeiture.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is introduced by the law revision
committee under s. 13.83 (1) (c) 1., stats. After careful consideration of the decision in the
court of appeals decision, State v. Borowski, 164 Wis. 2d 730 (Ct. App. 1991), the law
revision committee has determined that codifying that decision is desirable as a matter
of public policy.
AB465, s. 1
4Section
1. 808.03 (1) of the statutes is renumbered 808.03 (1) (intro.) and
5amended to read:
AB465,2,8
1808.03
(1) Appeals as of right. (intro.) A final judgment or a final order of a
2circuit court may be appealed as a matter of right to the court of appeals unless
3otherwise expressly provided by law. A final judgment or final order is a judgment
4or, order
entered in accordance with s. 806.06 (1) (b) or 807.11 (2) or
a disposition
5recorded in docket entries in ch. 799 cases or traffic regulation or municipal
6ordinance violation cases prosecuted in circuit court which that disposes of the entire
7matter in litigation as to one or more of the parties, whether rendered in an action
8or special proceeding
., and that is one of following:
AB465, s. 2
9Section
2. 808.03 (1) (a) to (d) of the statutes are created to read:
AB465,2,1010
808.03
(1) (a) Entered in accordance with s. 806.06 (1) (b) or 807.11 (2).
AB465,2,1111
(b) Recorded in docket entries in ch. 799 cases.
AB465,2,1312
(c) Recorded in docket entries in traffic regulation cases prosecuted in circuit
13court if a person convicted of a violation may be ordered to pay a forfeiture.
AB465,2,1514
(d) Recorded in docket entries in municipal ordinance violation cases
15prosecuted in circuit court.
AB465,2,18
17(1) This act first applies to final judgments or final orders rendered on the
18effective date of this subsection.
Note: This bill codifies that an appeal as of right of a final judgment or order in a
traffic regulation case applies only in cases in which the penalty is a forfeiture.
