LRB-3394/2
RPN:bjk:rs
2007 - 2008 LEGISLATURE
January 25, 2008 - Introduced by Senator Taylor, cosponsored by Representative
Bies, by request of Wisconsin Judicial Council. Referred to Committee on
Judiciary, Corrections, and Housing.
SB419,1,2
1An Act to amend 971.31 (10); and
to create 808.03 (3) and 938.297 (8) of the
2statutes;
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 the 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, consent, or 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:
SB419, s. 1
1Section
1. 808.03 (3) of the statutes is created to read:
SB419,2,82
808.03
(3) Review of an order denying suppression or exclusion of evidence. 3An order denying a motion to suppress evidence or a motion challenging the
4admissibility of a statement of a defendant under s. 971.31 (10) or a juvenile under
5s. 938.297 (8) may be reviewed upon appeal from a final judgment or order
6notwithstanding the fact that the final judgment or order was entered upon a plea
7of guilty or no contest, an admission, or a consent to an information, criminal
8complaint, or petition.
SB419, s. 2
9Section
2. 938.297 (8) of the statutes is created to read:
SB419,2,1410
938.297
(8) Appellate review. An order denying a motion to suppress evidence
11or a motion challenging the admissibility of a statement of a juvenile may be
12reviewed upon appeal from a final judgment or order notwithstanding the fact that
13such final judgment or order was entered upon an admission or a plea of no contest
14to the allegations in the petition.
SB419, s. 3
15Section
3. 971.31 (10) of the statutes is amended to read:
SB419,2,2016
971.31
(10) An order denying a motion to suppress evidence or a motion
17challenging the admissibility of a statement of a defendant may be reviewed upon
18appeal from a
final judgment
of conviction or order notwithstanding the fact that
19such the judgment
or order was entered upon a plea of guilty
or no contest, an
20admission, or a consent to an information or criminal complaint.
SB419,2,2322
(1) This act takes effect on the first day of the 4th month beginning after
23publication.
