SB364: Bill Text

SB364, s. 16 Section 16. 809.32 (4) of the statutes, as affected by Supreme Court Order 02-01, is repealed and recreated to read:

SB364,7,15 809.32 (4) No-merit petition for review; petitions. (a) Petition and supplemental petition. If a fully briefed appeal is taken to the court of appeals and the attorney is of the opinion that a petition for review in the supreme court under s. 809.62 would be frivolous and without any arguable merit, the attorney shall advise the person of the reasons for this opinion and that the person has the right to file a petition for review. If requested by the person, the attorney shall file a petition satisfying the requirements of s. 809.62 (2) (d) and (f) and the person shall file a supplemental petition satisfying the requirements of s. 809.62 (2) (a), (b), (c), and (e).

SB364,7,18 (b) Time limit. Except as provided in sub. (5) and s. 808.10, the petition and supplemental petition shall both be filed within 30 days after the date of the decision or order of the court of appeals.

SB364,7,21 (c) Responses time limit. Except a provided in sub. (5), an opposing party may file a response to the petition and supplemental petition within 14 days after the service of the supplemental petition.

SB364, s. 17 Section 17. 809.32 (5) of the statutes is created to read:

SB364,8,2 809.32 (5) No-merit petition for review; effect of motion for reconsideration. (a) Petition. If a motion for reconsideration is timely filed in the court of appeals under s. 809.24 (1), no party may file a petition or a supplemental petition in the supreme court until after the court of appeals issues an order denying the motion for reconsideration or an amended decision.

SB364,8,10 (b) Supplemental petition. If a motion for reconsideration in the court of appeals under s. 809.24 (1) is denied and a petition for review was filed before the motion for reconsideration was filed, and if the time for filing a supplemental petition under this subsection had not expired when the motion for reconsideration was filed, the supplemental petition may be filed within 14 days after the filing of the order denying the motion for reconsideration or within the time remaining to file the supplemental petition at the time that the motion for reconsideration was filed, whichever is greater.

SB364,8,19 (c) Notice affirming, withdrawing, or amending pending petition or supplemental petition. If the court of appeals files an amended decision in response to the motion for reconsideration under s. 809.24 (1), any party who filed a petition for review or a supplemental petition for review under this subsection prior to the filing of the motion for reconsideration must file with the clerk of the supreme court a notice affirming the pending petition or supplemental petition, a notice withdrawing the pending petition or supplemental petition, or an amendment to the pending petition or supplemental petition within 14 days after the date of the filing of the court of appeals' amended decision.

SB364,9,7 (d) Responses. If a motion for reconsideration is denied and a petition for review or a supplemental petition had been filed before the motion for reconsideration was filed, and if the time for filing a response to the petition or supplemental petition had not expired when the motion for reconsideration was filed, a response to the petition or the supplemental petition may be filed within 14 days of the order denying the motion for reconsideration. If a supplemental petition is filed under par. (b), the responding party may file a response to the supplemental petition within 14 days after service of the supplemental petition. After the petitioning party files the notice affirming or withdrawing the pending petition or supplemental petition or an amendment to the pending petition or supplemental petition under par. (c), the responding party must file a response to the notice or amendment within 14 days after service of the notice or amendment. The response to the notice or amendment may be an affirmation of the responding party's earlier response or a new response.

SB364, s. 18 Section 18. 809.62 (1) (intro.) of the statutes is amended to read:

SB364,9,14 809.62 (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:

SB364, s. 19 Section 19. 809.62 (1m) of the statutes is created to read:

SB364,9,19 809.62 (1m) (a) If a motion for reconsideration is timely filed in the court of appeals under s. 809.24 (1), no party may file a petition for review in the supreme court until after the court of appeals issues an order denying the motion for reconsideration or an amended decision.

SB364,9,24 (b) If a motion for reconsideration is denied and a petition for review had been filed before the motion for reconsideration was filed, and if the time for filing a response to the petition had not expired when the motion for reconsideration was filed, a response to the petition may be filed within 14 days of the order denying the motion for reconsideration.

SB364,10,6 (c) If the court of appeals files an amended decision in response to the motion for reconsideration under s. 809.24 (1), any party who filed a petition for review prior to the filing of the motion for reconsideration must file with the clerk of the supreme court a notice affirming the pending petition, a notice withdrawing the pending petition, or an amendment to the pending petition within 14 days after the date of the filing of the court of appeals' amended decision.

SB364,10,11 (d) After the petitioning party files the notice affirming or withdrawing the pending petition or an amendment to the pending petition under par. (c), the responding party must file a response to the notice or amendment within 14 days after service of the notice or amendment. The response may be an affirmation of the responding party's earlier response or a new response.

SB364, s. 20 Section 20. 809.62 (3) of the statutes is amended to read:

SB364,10,15 809.62 (3) Except as provided in sub. (1m) and s. 809.32 (4) and (5), an opposing party may file a response to the petition within 14 days after the service of the petition.

SB364, s. 21 Section 21. 938.297 (8) of the statutes is created to read:

SB364,10,21 938.297 (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.

SB364, s. 22 Section 22. 971.17 (7m) of the statutes is created to read:

SB364,11,6 971.17 (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.

SB364,11,9 (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.

SB364, s. 23 Section 23. 974.02 (1) of the statutes is amended to read:

SB364,11,19 974.02 (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.

SB364, s. 24 Section 24. 974.02 (2) of the statutes is amended to read:

SB364,11,23 974.02 (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.

SB364, s. 25 Section 25. 980.061 of the statutes is created to read:

SB364,12,9 980.061 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.

SB364,12,12 (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.

SB364, s. 26 Section 26. Effective date.

SB364,12,15 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB364,12,16 (End)