AB124: Bill Text

LRB-2012/1

PJH:kjf:md

2009 - 2010 LEGISLATURE

2009 Assembly BILL 124

March 4, 2009 - Introduced by Representatives Hebl, Staskunas, Turner and Townsend, cosponsored by Senators Taylor and Risser, by request of Wisconsin Judicial Council. Referred to Committee on Judiciary and Ethics.

AB124,1,2 An Act to amend 971.31 (10); and to create 808.03 (3) and 938.297 (8) of the statutes; relating to: appellate procedure.

Analysis by the Legislative Reference Bureau

In criminal cases, current law permits the review of an order denying a motion to suppress evidence or a motion challenging admissibility of a defendant's statement as part of an appeal from a conviction, notwithstanding the fact that the judgment of conviction was entered on a guilty plea. This bill permits review of an order denying a motion to suppress evidence or a motion challenging admissibility of a statement of a defendant as part of an appeal from a final judgment or order, notwithstanding the fact that the final judgment or order was entered on an admission of guilt or a no contest plea. This bill also permits the review of orders denying a motion to suppress evidence or a motion challenging admissibility of the statement of a juvenile upon review from a final judgment or order, notwithstanding the fact that the final judgment or order was entered upon a plea of no contest or an admission to the allegations of a petition filed in cases involving juveniles alleged to be delinquent.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB124, s. 1 Section 1. 808.03 (3) of the statutes is created to read:

AB124,2,6 808.03 (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.

AB124,2,10 (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.

AB124, s. 2 Section 2. 938.297 (8) of the statutes is created to read:

AB124,2,16 938.297 (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.

AB124, s. 3 Section 3. 971.31 (10) of the statutes is amended to read:

AB124,2,22 971.31 (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.

AB124, s. 4 Section 4. Effective date.

AB124,3,2 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB124,3,3 (End)