Senate Bill No. 1383

Public Act No. 01-13

AN ACT CONCERNING A PLEA OF NOLO CONTENDERE CONDITIONAL ON THE RIGHT TO TAKE AN APPEAL.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 54-94a of the general statutes is repealed and the following is substituted in lieu thereof:

When a defendant, prior to the commencement of trial, enters a plea of nolo contendere conditional on the right to take an appeal from the court's denial of the defendant's motion to suppress [evidence based on an unreasonable search or seizure, motion to suppress statements and evidence based on the involuntariness of a statement] or motion to dismiss, the defendant after the imposition of sentence may file an appeal within the time prescribed by law provided a trial court has determined that a ruling on such motion to suppress or motion to dismiss would be dispositive of the case. The issue to be considered in such an appeal shall be limited to whether it was proper for the court to have denied the motion to suppress or the motion to dismiss. A plea of nolo contendere by a defendant under this section shall not constitute a waiver by the defendant of nonjurisdictional defects in the criminal prosecution.

Approved May 15, 2001