LRB-3409/2
BAB:wlj:pg
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.
SB420,1,6
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), 809.30 (2) (a) and 980.038 (4) (a); and
to create 48.465, 938.47
4and 971.17 (7m) of the statutes;
relating to: appellate procedure regarding
5commitments of persons found not guilty by reason of mental disease or defect
6and commitments of sexually violent 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 as sexually violent persons or due to mental health or drug abuse are
required to follow a specific set of appeal procedures. Under current law, appeals in
cases involving 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. 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:
SB420, s. 1
1Section
1. 48.465 of the statutes is created to read:
SB420,2,10
248.465 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.
SB420,2,13
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.
SB420,2,15
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).
SB420, s. 2
16Section
2. 808.04 (3) of the statutes is amended to read:
SB420,2,2017
808.04
(3) Except as provided in subs. (4) and (7), an appeal in
a proceeding
18under s. 971.17, a criminal case
, or a case under ch. 48, 51, 55, 938
, or 980 shall be
19initiated within the time period specified in s. 809.30
(2) or 809.32 (2), whichever is
20applicable.
SB420, s. 3
21Section
3. 808.04 (4) of the statutes is amended to read:
SB420,2,2522
808.04
(4) Except as provided in sub. (7m), an appeal by the state in
either a
23proceeding under s. 971.17, a criminal case under s. 974.05
, or a case under ch. 48,
24938, or 980 shall be initiated within 45 days of entry of the judgment or order
25appealed from.
SB420, s. 4
1Section
4. Subchapter III (title) of chapter 809 [precedes 809.30] of the
2statutes is amended to read:
SB420,3,94
SUBCHAPTER III
5
APPEAL PROCEDURE IN COURT OF
6
APPEALS IN
S. 971.17
7
proceedings and in CRIMINAL AND
8
CH. 48, 51, 55,
AND, 938
, and
9
980 CASES
SB420, s. 5
10Section
5. 809.30 (title) of the statutes is amended to read:
SB420,3,12
11809.30 (title)
Rule (Appeals in s. 971.17 proceedings and in criminal, ch.
1248, 51, 55, and, 938, and 980 cases).
SB420, s. 6
13Section
6. 809.30 (1) (a) of the statutes is amended to read:
SB420,3,1714
809.30
(1) (a) "Final adjudication" means the entry of a final judgment or order
15by the circuit court in a
s. 971.17 proceeding, in a criminal case, or in a ch. 48, 51, 55,
16or, 938
, or 980 case, other than a termination of parental rights case under s. 48.43
17or a parental consent to abortion case under s. 48.375 (7).
SB420, s. 7
18Section
7. 809.30 (1) (b) 4. of the statutes is amended to read:
SB420,3,2019
809.30
(1) (b) 4. A subject individual or ward seeking postdisposition relief in
20a
s. 971.17 proceeding or a case under ch. 51
or, 55
, or 980.
SB420, s. 8
21Section
8. 809.30 (1) (d) of the statutes is amended to read:
SB420,3,2322
809.30
(1) (d) "Postdisposition relief" means an appeal or a motion for
23postdisposition relief
under this subchapter from a circuit court's final adjudication.
SB420, s. 9
24Section
9. 809.30 (1) (e) of the statutes is amended to read:
SB420,4,3
1809.30
(1) (e) "Prosecutor" means a district attorney, corporation counsel, or
2other attorney authorized by law to
bring a proceeding under s. 971.17 or to prosecute
3a criminal case or a case under ch. 48, 51, 55,
or, 938
, or 980.
SB420, s. 10
4Section
10. 809.30 (2) (a) of the statutes is amended to read:
SB420,4,145
809.30
(2) (a)
Appeal procedure; counsel to continue. A person seeking
6postconviction relief in a criminal case; a person seeking postdisposition relief in a
7case under ch. 48 other than a termination of parental rights case under s. 48.43 or
8a parental consent to abortion case under s. 48.375 (7); or a person seeking
9postdisposition relief in a
s. 971.17 proceeding or in a case under ch. 51, 55,
or 938
,
10or 980 shall comply with this section. Counsel representing the person at sentencing
11or at the time of the final adjudication shall continue representation by filing a notice
12under par. (b) if the person desires to pursue postconviction or postdisposition relief
13unless counsel is discharged by the person or allowed to withdraw by the circuit court
14before the notice must be filed.
SB420,4,1715
(b) An appeal by the state from a final judgment or order under this section may
16be taken to the court of appeals within the time specified in s. 808.04 (4) and in the
17manner provided for civil appeals under chs. 808 and 809.
SB420, s. 11
18Section
11. 938.47 of the statutes is created to read:
SB420,5,2
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.
SB420,5,5
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.
SB420, s. 12
6Section
12. 971.17 (7m) of the statutes is created to read:
SB420,5,157
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.
SB420,5,1816
(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.
SB420, s. 13
19Section
13. 980.038 (4) (a) of the statutes is amended to read:
SB420,6,320
980.038
(4) (a) A motion for postcommitment relief by a person committed
21under s. 980.06 shall be made in the time and manner provided in ss. 809.30
and
22809.40 to 809.32. An appeal by a person who has been committed under s. 980.06
23from a final order under s. 980.06, 980.08, or 980.09 or from an order denying a
24motion for postcommitment relief or from both shall be taken in the time and manner
25provided in ss. 808.04 (3)
, and 809.30
and 809.40 to 809.32. If a person is seeking
1relief from an order of commitment under s. 980.06, the person shall file a motion for
2postcommitment relief in the trial court prior to an appeal unless the grounds for
3seeking relief are sufficiency of the evidence or issues previously raised.
SB420,6,65
(1) This act takes effect on the first day of the 4th month beginning after
6publication.
