SB734: Bill Text

SB734,,53 809.10 (1) (d) Docketing statement. The person shall file in the circuit court a completed docketing statement on a form prescribed by the court of appeals. The docketing statement shall accompany the notice of appeal. Docketing statements need not be filed in appeals brought under s. 809.105, 809.107, 809.32, or 974.06 (7), in cases under ch. 980, or in cases in which a party represents himself or herself. Docketing statements need not be filed in appeals brought under s. 809.30 or 974.05, or by the state or defendant in permissive appeals in criminal cases pursuant to s. 809.50, except that docketing statements shall be filed in cases arising under ch. 48, 51, 55, or 938.

SB734,40 Section 40. 809.105 of the statutes is repealed.

SB734,41 Section 41. 809.14 (4) of the statutes is repealed.

SB734,42 Section 42. 809.24 (4) of the statutes is amended to read:

SB734,,57 809.24 (4) No motion for reconsideration of a court of appeals decision issued under s. 809.105 or 809.107 is permitted.

SB734,43 Section 43. 809.30 (1) (a) of the statutes is amended to read:

SB734,,59 809.30 (1) (a) “Final adjudication” means the entry of a final judgment or order by the circuit court in a s. 971.17 proceeding, in a criminal case, or in a ch. 48, 51, 55, 938, or 980 case, other than a termination of parental rights case under s. 48.43, or a guardianship proceeding under s. 48.9795, or a parental consent to abortion case under s. 48.375 (7).

SB734,44 Section 44. 809.30 (1) (b) 2. of the statutes is amended to read:

SB734,,61 809.30 (1) (b) 2. A party, other than the state, seeking postdisposition relief in a case under ch. 48, other than a termination of parental rights case under s. 48.43, or a guardianship proceeding under s. 48.9795, or a parental consent to abortion case under s. 48.375 (7).

SB734,45 Section 45. 809.30 (2) (a) of the statutes is amended to read:

SB734,,63 809.30 (2) (a) Appeal procedure; counsel to continue. A person seeking postconviction relief in a criminal case; a person seeking postdisposition relief in a case under ch. 48 other than a termination of parental rights case under s. 48.43, or a guardianship proceeding under s. 48.9795, or a parental consent to abortion case under s. 48.375 (7); or a person seeking postdisposition relief in a s. 971.17 proceeding or in a case under ch. 51, 55, 938, or 980 shall comply with this section. Counsel representing the person at sentencing or at the time of the final adjudication shall continue representation by filing a notice under par. (b) if the person desires to pursue postconviction or postdisposition relief unless counsel is discharged by the person or allowed to withdraw by the circuit court before the notice must be filed.

SB734,46 Section 46. Subchapter IV (title) of chapter 809 [precedes 809.40] of the statutes is amended to read:

SB734,,65 CHAPTER 809

SB734,,66 SUBCHAPTER IV

SB734,,71 APPEAL PROCEDURE IN COURT OF APPEALS IN TERMINATION OF PARENTAL RIGHTS, CH. 799, TRAFFIC REGULATION, AND MUNICIPAL ORDINANCE VIOLATION, AND PARENTAL CONSENT TO ABORTION CASES

SB734,47 Section 47. 809.40 (title) of the statutes is amended to read:

SB734,,73 809.40 (title) Rule (Appeals in termination of parental rights, ch. 799, traffic regulation, or municipal ordinance violation, and parental consent to abortion cases).

SB734,48 Section 48. 809.40 (1m) of the statutes is amended to read:

SB734,,75 809.40 (1m) An appeal from an order denying a petition under s. 48.375 (7) is governed by the procedures specified in s. 809.105, and an appeal from an order or judgment under s. 48.43 is governed by the procedures specified in s. 809.107.

SB734,49 Section 49. 809.62 (2m) of the statutes is repealed.

SB734,50 Section 50. 809.801 (5) (c) of the statutes is amended to read:

SB734,,78 809.801 (5) (c) Appeals from circuit court. A user seeking to initiate an appeal under s. 809.10, 809.103, 809.104, 809.105, 809.107, 809.30, 809.32, or 809.40 shall file a notice of appeal in the circuit court case appealed from as provided in that section. The clerk of circuit court shall transmit the notice of appeal to the clerk of the court of appeals. The docketing statement, motions under s. 809.41 (1) or (4), and statement on transcript, where applicable, shall also be filed with the clerk of circuit court and transmitted to the clerk of the court of appeals. Service shall be as provided in s. 809.10 (1) (h).

SB734,51 Section 51. 809.82 (2) (c) of the statutes is repealed.

SB734,52 Section 52. 895.037 of the statutes is repealed.

SB734,53 Section 53. 938.373 (2) of the statutes is repealed.

SB734,54 Section 54. 939.75 (2) (b) 1. of the statutes is amended to read:

SB734,,83 939.75 (2) (b) 1. An act committed during an induced abortion. This subdivision does not limit the applicability of ss. 940.04, 940.13, 940.15 and 940.16 to an induced abortion.

SB734,55 Section 55. 940.15 of the statutes is repealed.

SB734,56 Section 56. Nonstatutory provisions.

SB734,,86 (1) Reference changes. Wherever a reference to s. 253.10 (2) (a) appears in the statutes, the legislative reference bureau shall substitute a reference to s. 69.01 (13m), as it defines the term “induced abortion.”

SB734,,87 (end)