Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Peggy Hurley, Senior Staff Attorney March 28, 2024
2023 Wisconsin Act 232
[2023 Assembly Bill 960]
Communications Device
Location Information
Under current law, a provider of a wireless communications service may provide law enforcement with
information regarding the location of a wireless communication device if the provider is served with a
warrant for the information, if the customer or subscriber to the service consents, or if the provider
believes, in good faith, that an emergency involving the danger of death or serious physical injury to any
person exists and that disclosure of the location is relevant to preventing the death or injury or to
mitigating the injury.
Under the act, in addition to the circumstances described in current law, a provider of a wireless
communications service must provide law enforcement with information regarding the location of a
device if the provider receives a written request from a law enforcement agency attesting that the
information is needed to allow a law enforcement agency to respond to a call for emergency services or
to an emergency involving the danger of death or serious physical injury to any person, and that
disclosure of the location is relevant to preventing the death or injury or to mitigating the injury.
Under the act, if a provider of a wireless communication service provides location information to a law
enforcement agency pursuant to an emergency request, the provider must inform its customer or
subscriber of the disclosure within 30 days after the request, or after the emergency situation is
resolved, whichever occurs later. Additionally, if a law enforcement agency that requested an emergency
disclosure obtains evidence of criminal activity as a result of receiving location information from a
wireless communication service provider, the agency must apply, within three days of the disclosure, to
a judge for an order that retroactively authorizes the emergency disclosure. If the judge determines that
the disclosure was not authorized, he or she must issue an order suppressing the discovered evidence in
any criminal proceeding and requiring notification of the disclosure to the customer or subscriber of the
wireless communication service.
The act also confers certain immunity from civil or criminal liability for a provider of wireless
communication services that provides the information to a law enforcement agency. Finally, the act
requires each provider of wireless communication services that does business in the state to submit
contact information to the Department of Justice (DOJ) annually so that DOJ may maintain a list of
providers and distribute the list to law enforcement agencies.
Effective date: March 29, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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