Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB252 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-2090/1
2	2	MPG:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 252
5	5	May 8, 2023 - Introduced by Representatives STEFFEN, ARMSTRONG, BEHNKE,
6	6	BODDEN, BRANDTJEN, BROOKS, DITTRICH, MACCO, MICHALSKI, MURPHY,
7	7	NEDWESKI, ROZAR, SCHMIDT and SORTWELL, cosponsored by Senators
8	8	WIMBERGER, BALLWEG, FELZKOWSKI and MARKLEIN. Referred to Committee on
9	9	Criminal Justice and Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 20.933 of the statutes; relating to: interception of oral
12	12	communications by public bodies in public spaces.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, it is a crime for a person to intentionally intercept or attempt
15	15	to intercept an oral communication or to intentionally use a device or attempt to use
16	16	a device to intercept an oral communication, subject to certain exceptions primarily
17	17	related to law enforcement.
18	18	Under this bill, subject to current law exceptions related to law enforcement,
19	19	no state agency, broadly defined, no local governmental unit, and no official of such
20	20	an agency or local governmental unit may intercept an oral communication in a
21	21	building or space owned, leased, or operated by the agency or local governmental
22	22	unit, except that a state agency or local governmental unit may authorize such
23	23	interception of oral communications if all of the following apply:
24	24	1. The governing body of the local governmental unit authorizes the
25	25	interception by a two-thirds vote of the body's membership.
26	26	2. The governing body or head of the state agency or local governmental unit
27	27	authorizes the interception at least once each year. The authorization must include
28	28	information concerning the costs and operational procedures and capabilities
29	29	associated with the interception, and the specific areas where interception is
30	30	authorized.
31	31	3. Each area where interception is authorized contains a posting in plain view
32	32	advising the public that oral communications in the area may be recorded.
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34	34	2 - 2 -2023 - 2024 Legislature LRB-2090/1
35	35	MPG:amn
36	36	ASSEMBLY BILL 252
37	37	4. Recordings of the interceptions are retained by the state agency or local
38	38	governmental unit for no more than 240 days after origination.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 20.933 of the statutes is created to read:
42	42	20.933 Interception of oral communications in public spaces. (1)
43	43	DEFINITIONS. In this section:
44	44	(a) “Intercept” has the meaning given in s. 968.27 (9).
45	45	(b) “Local governmental unit" means a political subdivision of this state, a
46	46	special purpose district in this state, an agency or corporation of a political
47	47	subdivision or special purpose district, or a combination or subunit of any of the
48	48	foregoing.
49	49	(c) “Oral communication” means any oral communication uttered by a person
50	50	regardless of whether the person making the utterance exhibits an expectation that
51	51	the communication is not subject to interception under circumstances justifying the
52	52	expectation.
53	53	(d) “State agency" means an association, authority, board, department,
54	54	commission, independent agency, institution, office, society, or other body in state
55	55	government created or authorized to be created by the constitution or any law.
56	56	(2) PROHIBITION. (a) No state agency or local governmental unit or official of
57	57	a state agency or local governmental unit may intercept an oral communication in
58	58	a building or space owned, leased, or operated by the state agency or local
59	59	governmental unit except as provided under par. (b) or s. 196.63, 968.28, 968.29,
60	60	968.30, or 968.31 (2) (b) or (c).
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80	80	20 - 3 -2023 - 2024 Legislature
81	81	LRB-2090/1
82	82	MPG:amn
83	83	SECTION 1
84	84	ASSEMBLY BILL 252
85	85	(b) A state agency or local governmental unit may authorize the interception
86	86	of oral communications in a building or space owned, leased, or operated by the state
87	87	agency or local governmental unit if all of the following apply:
88	88	1. If applicable, the governing body of the local governmental unit authorizes
89	89	the interception by a two-thirds vote of the body's membership.
90	90	2. The governing body or head of the state agency or local governmental unit
91	91	authorizes the interception at least once each year. The authorization shall include
92	92	information concerning the costs and operational procedures and capabilities
93	93	associated with the interception, and the specific areas where interception is
94	94	authorized.
95	95	3. Each area where interception is authorized contains a posting in plain view
96	96	advising the public that oral communications in the area may be recorded.
97	97	4. Recordings of the interceptions are retained by the state agency or local
98	98	governmental unit for no more than 240 days after origination.
99	99	(END)
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