Date of enactment:
2023 Assembly Bill 960 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 968.373 (7) (a), 968.373 (7) (b), 968.373 (7) (c) and 968.373 (8) (b) (intro.); and to create 165.25
(21), 968.373 (8) (b) 3., 968.373 (8) (c), 968.373 (8g) and 968.373 (8s) of the statutes; relating to: emergency com-
munications device location information.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 165.25 (21) of the statutes is created to
read:
165.25 (21) MAINTAIN A DATABASE OF EMERGENCY
CONTACT INFORMATION FOR PROVIDERS OF ELECTRONIC
COMMUNICATION SERVICES. Maintain a database of elec-
tronic communication services provider emergency con-
tact information submitted under s. 968.373 (8s) in order
to facilitate a request from a law enforcement agency or
tribal law enforcement agency for information under s.
968.373, and distribute the information maintained under
this subsection on a quarterly basis, or immediately as
changes occur, to all law enforcement agencies, tribal law
enforcement agencies, and public safety answering
points in this state.
SECTION 2. 968.373 (7) (a) of the statutes is amended
to read:
968.373 (7) (a) A person on whom a warrant issued
under sub. (4) is served is immune from civil or criminal
liability for acts or omissions in providing records or
information, facilities, or assistance in accordance with
the terms of the warrant.
SECTION 3. 968.373 (7) (b) of the statutes is amended
to read:
968.373 (7) (b) A person who discloses the location
of a communications device under sub. (8) (b) is immune
from civil or criminal liability for the acts or omissions
in making the disclosure in accordance with sub. (8) (b).
SECTION 4. 968.373 (7) (c) of the statutes is amended
to read:
968.373 (7) (c) No cause of action or criminal action
may arise against any provider of electronic communica-
tion service, or its officers, employees, or agents or other
persons specified in the court order under sub. (5), for
providing information, facilities, or assistance in accord-
ance with the terms of a court order under sub. (5).
SECTION 5. 968.373 (8) (b) (intro.) of the statutes is
amended to read:
968.373 (8) (b) (intro.) A provider of electronic com-
munication service may shall disclose the location of a
communications device without a warrant if any of the
following applies:
SECTION 6. 968.373 (8) (b) 3. of the statutes is created
to read:
968.373 (8) (b) 3. The provider of electronic commu-
nication service receives a written request from a law
enforcement agency attesting that the disclosure of
device location information is needed to allow a law
enforcement agency to respond to a call for emergency
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 960
services or to an emergency situation that involves the
danger of death or serious physical injury to any person
and disclosure of device location information is neces-
sary to prevent or mitigate that danger.
SECTION 6g. 968.373 (8) (c) of the statutes is created
to read:
968.373 (8) (c) If the location of a communications
device is disclosed to a law enforcement agency under
par. (b) 2. or 3., the provider of electronic communication
services shall notify the customer or subscriber of the
information disclosure within 30 days after the call for
emergency services or the emergency situation, or when
any case that resulted from the call for emergency ser-
vices or the emergency situation has resolved, whichever
is later.
SECTION 6m. 968.373 (8g) of the statutes is created
to read:
968.373 (8g) COURT REVIEW. If the location of a com-
munications device is disclosed to a law enforcement
agency under sub. (8) (b) 2. or 3. and evidence of criminal
activity was obtained as a result of the disclosure, the law
enforcement agency shall, within 3 days of the disclo-
sure, apply to a judge for an order retroactively autho-
rizing the emergency disclosure. The application under
this subsection shall set forth the facts giving rise to the
emergency disclosure, and the judge shall promptly issue
an order determining whether the emergency disclosure
was necessary. If the judge determines that the disclosure
was not necessary, the judge shall order that the evidence
be suppressed in any criminal proceeding on the grounds
that the evidence was unlawfully obtained, and order
immediate notification under sub. (8) (c).
SECTION 7. 968.373 (8s) of the statutes is created to
read:
968.373 (8s) EMERGENCY CONTACT INFORMATION.
Any provider of electronic communication services con-
sidered to be doing business in this state under sub. (8m)
shall submit its emergency contact information to the
department of justice to facilitate a request for informa-
tion made by a law enforcement agency or tribal law
enforcement agency under this section no later than 60
days after the effective date of this subsection .... [LRB
inserts date], annually by January 1 of each year there-
after, and as soon as possible any time a change occurs to
the emergency contact information most recently sub-
mitted to the department of justice.