LRB-0516/1
BAB:wlj:rs
2007 - 2008 LEGISLATURE
April 23, 2007 - Introduced by Representatives Berceau and Hahn, cosponsored
by Senators Miller and Lehman. Referred to Committee on Judiciary and
Ethics.
AB276,1,7 1An Act to amend 808.04 (3), 808.04 (4), subchapter III (title) of chapter 809
2[precedes 809.30], 809.30 (title), 809.30 (1) (a), 809.30 (1) (b) 4., 809.30 (1) (d),
3809.30 (1) (e) and 809.30 (2) (a); and to create 48.47, 938.47, 971.17 (7m),
4973.20 (15) and 980.061 of the statutes; relating to: appellate procedure
5regarding restitution in criminal actions, commitments of persons found not
6guilty by reason of mental disease or defect, and commitments of sexually
7violent persons.
Analysis by the Legislative Reference Bureau
Current law establishes the appellate procedures applicable to various types of
cases. Under current law, appeals in criminal cases and cases involving children,
juveniles alleged to be delinquent, protective services, or persons subject to
commitment due to mental health or drug abuse are required to follow a specific set
of appeal procedures. Under current law, appeals in cases involving restitution in
criminal actions and commitments of persons found not guilty by reason of mental
disease or defect follow the criminal appeals process, although there is no specific
statutory authority for this. Appeals in cases involving the commitment of sexually

violent persons follow the civil appeal procedures. This bill establishes one
integrated appeal procedure for all of these types of cases.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB276, s. 1 1Section 1. 48.47 of the statutes is created to read:
AB276,2,10 248.47 Motion for postdisposition relief and appeal. (1) Appeal by
3respondent.
A motion for postdisposition relief from a final order or judgment by a
4person subject to this chapter shall be made in the time and manner provided in ss.
5809.30 to 809.32. An appeal from a final order or judgment entered under this
6chapter or from an order denying a motion for postdisposition relief by a person
7subject to this chapter shall be taken in the time and manner provided in ss. 808.04
8(3) and 809.30 to 809.32. The person shall file a motion for postdisposition relief in
9circuit court before a notice of appeal is filed unless the grounds for seeking relief are
10sufficiency of the evidence or issues previously raised.
AB276,2,13 11(2) Appeal by state. An appeal by the state from a final judgment or order
12under this chapter may be taken to the court of appeals within the time specified in
13s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809.
AB276,2,15 14(3) Exceptions. This section does not apply to a termination of parental rights
15case under s. 48.43 or to a parental consent to abortion case under s. 48.375 (7).
AB276, s. 2 16Section 2. 808.04 (3) of the statutes is amended to read:
AB276,2,2017 808.04 (3) Except as provided in subs. (4) and (7), an appeal in a proceeding
18under s. 971.17 or 973.20,
a criminal case, or a case under ch. 48, 51, 55, 938, or 980
19shall be initiated within the time period specified in s. 809.30 (2) or 809.32 (2),
20whichever is applicable
.
AB276, s. 3 21Section 3. 808.04 (4) of the statutes is amended to read:
AB276,3,4
1808.04 (4) Except as provided in sub. (7m), an appeal by the state in either a
2proceeding under s. 971.17 or 973.20,
a criminal case under s. 974.05, or a case under
3ch. 48, 938, or 980 shall be initiated within 45 days of entry of the judgment or order
4appealed from.
AB276, s. 4 5Section 4. Subchapter III (title) of chapter 809 [precedes 809.30] of the
6statutes is amended to read:
AB276,3,77 CHAPTER 809
AB276,3,138 SUBCHAPTER III
9 APPEAL PROCEDURE IN COURT OF
10 APPEALS IN S. 971.17 or 973.20
11 proceedings, and
CRIMINAL AND
12 CH. 48, 51, 55, AND, 938, and
13 980
CASES
AB276, s. 5 14Section 5. 809.30 (title) of the statutes is amended to read:
AB276,3,16 15809.30 (title) Rule (Appeals in s. 971.17 and 973.20 proceedings and in
16criminal, ch. 48, 51, 55,
and, 938, and 980 cases).
AB276, s. 6 17Section 6. 809.30 (1) (a) of the statutes is amended to read:
AB276,3,2118 809.30 (1) (a) "Final adjudication" means the entry of a final judgment or order
19by the circuit court in a s. 971.17 or 973.20 proceeding, in a criminal case, or in a ch.
2048, 51, 55, or, 938, or 980 case, other than a termination of parental rights case under
21s. 48.43 or a parental consent to abortion case under s. 48.375 (7).
AB276, s. 7 22Section 7. 809.30 (1) (b) 4. of the statutes is amended to read:
AB276,3,2423 809.30 (1) (b) 4. A subject individual or ward seeking postdisposition relief in
24a s. 971.17 or 973.20 proceeding or a case under ch. 51 or, 55, or 980.
AB276, s. 8 25Section 8. 809.30 (1) (d) of the statutes is amended to read:
AB276,4,2
1809.30 (1) (d) "Postdisposition relief" means an appeal or a motion for
2postdisposition relief under this subchapter from a circuit court's final adjudication.
AB276, s. 9 3Section 9. 809.30 (1) (e) of the statutes is amended to read:
AB276,4,64 809.30 (1) (e) "Prosecutor" means a district attorney, corporation counsel, or
5other attorney authorized by law to bring a proceeding under s. 971.17 or 973.20 or
6to
prosecute a criminal case or a case under ch. 48, 51, 55, or, 938, or 980.
AB276, s. 10 7Section 10. 809.30 (2) (a) of the statutes is amended to read:
AB276,4,178 809.30 (2) (a) Appeal procedure; counsel to continue. A person seeking
9postconviction relief in a criminal case; a person seeking postdisposition relief in a
10case under ch. 48 other than a termination of parental rights case under s. 48.43 or
11a parental consent to abortion case under s. 48.375 (7); or a person seeking
12postdisposition relief in a s. 971.17 or 973.20 proceeding or in a case under ch. 51, 55,
13or 938, or 980 shall comply with this section. Counsel representing the person at
14sentencing or at the time of the final adjudication shall continue representation by
15filing a notice under par. (b) if the person desires to pursue postconviction or
16postdisposition relief unless counsel is discharged by the person or allowed to
17withdraw by the circuit court before the notice must be filed.
AB276, s. 11 18Section 11. 938.47 of the statutes is created to read:
AB276,5,2 19938.47 Motion for postdisposition relief and appeal. (1) Appeal by
20respondent.
A motion for postdisposition relief from a final order or judgment by a
21person subject to this chapter shall be made in the time and manner provided in ss.
22809.30 to 809.32. An appeal from a final order or judgment entered under this
23chapter or from an order denying a motion for postdisposition relief by a person
24subject to this chapter shall be taken in the time and manner provided in ss. 808.04
25(3) and 809.30 to 809.32. The person shall file a motion for postdisposition relief in

1circuit court before a notice of appeal is filed unless the grounds for seeking relief are
2sufficiency of the evidence or issues previously raised.
AB276,5,5 3(2) Appeal by state. An appeal by the state from a final judgment or order
4under this chapter may be taken to the court of appeals within the time specified in
5s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809.
AB276, s. 12 6Section 12. 971.17 (7m) of the statutes is created to read:
AB276,5,157 971.17 (7m) Motion for postdisposition relief and appeal. (a) A motion for
8postdisposition relief from a final order or judgment by a person subject to this
9section shall be made in the time and manner provided in ss. 809.30 to 809.32. An
10appeal by a person subject to this section from a final order or judgment under this
11section or from an order denying a motion for postdisposition relief shall be taken in
12the time and manner provided in ss. 808.04 (3) and 809.30 to 809.32. The person
13shall file a motion for postdisposition relief in the circuit court before a notice of
14appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or
15issues previously raised.
AB276,5,1816 (b) An appeal by the state from a final judgment or order under this section may
17be taken to the court of appeals within the time specified in s. 808.04 (4) and in the
18manner provided for civil appeals under chs. 808 and 809.
AB276, s. 13 19Section 13. 973.20 (15) of the statutes is created to read:
AB276,6,320 973.20 (15) Motion for postdisposition relief and appeal. (a) A motion for
21postdisposition relief from a final order or judgment by a person subject to this
22section shall be made in the time and manner provided in ss. 809.30 to 809.32. An
23appeal by a person subject to this section from a final order or judgment under this
24section or from an order denying a motion for postdisposition relief shall be taken in
25the time and manner provided in ss. 808.04 (3) and 809.30 to 809.32. The person

1shall file a motion for postdisposition relief in the circuit court before a notice of
2appeal is filed unless the grounds for seeking relief are sufficiency of the evidence or
3issues previously raised.
AB276,6,64 (b) An appeal by the state from a final judgment or order under this section may
5be taken to the court of appeals within the time specified in s. 808.04 (4) and in the
6manner provided for civil appeals under chs. 808 and 809.
AB276, s. 14 7Section 14. 980.061 of the statutes is created to read:
AB276,6,16 8980.061 Motion for postdisposition relief and appeal. (1) Appeal by
9respondent.
A motion for postdisposition relief from a final order or judgment by a
10person subject to this chapter shall be made in the time and manner provided in ss.
11809.30 to 809.32. An appeal from a final order or judgment entered under this
12chapter or from an order denying a motion for postdisposition relief by a person
13subject to this chapter shall be taken in the time and manner provided in ss. 808.04
14(3) and 809.30 to 809.32. The person shall file a motion for postdisposition relief in
15circuit court before a notice of appeal is filed unless the grounds for seeking relief are
16sufficiency of the evidence or issues previously raised.
AB276,6,19 17(2) Appeal by state. An appeal by the state from a final judgment or order
18under this chapter may be taken to the court of appeals within the time specified in
19s. 808.04 (4) and in the manner provided for civil appeals under chs. 808 and 809.
AB276, s. 15 20Section 15. Effective date.
AB276,6,2221 (1) This act takes effect on the first day of the 4th month beginning after
22publication.
AB276,6,2323 (End)
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