Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB960 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment: March 27, 2024
2		-	2023 Assembly Bill 960 Date of publication*: March 28, 2024
3		-	2023 WISCONSIN ACT 232
4		-	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
5		-	(21), 968.373 (8) (b) 3., 968.373 (8) (c), 968.373 (8g) and 968.373 (8s) of the statutes; relating to: emergency com-
6		-	munications device location information.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 165.25 (21) of the statutes is created to
10		-	read:
11		-	165.25 (21) MAINTAIN A DATABASE OF EMERGENCY
12		-	CONTACT INFORMATION FOR PROVIDERS OF ELECTRONIC
13		-	COMMUNICATION SERVICES. Maintain a database of elec-
14		-	tronic communication services provider emergency con-
15		-	tact information submitted under s. 968.373 (8s) in order
16		-	to facilitate a request from a law enforcement agency or
17		-	tribal law enforcement agency for information under s.
18		-	968.373, and distribute the information maintained under
19		-	this subsection on a quarterly basis, or immediately as
20		-	changes occur, to all law enforcement agencies, tribal law
21		-	enforcement agencies, and public safety answering
22		-	points in this state.
23		-	SECTION 2. 968.373 (7) (a) of the statutes is amended
24		-	to read:
25		-	968.373 (7) (a) A person on whom a warrant issued
26		-	under sub. (4) is served is immune from civil or criminal
27		-	liability for acts or omissions in providing records or
28		-	information, facilities, or assistance in accordance with
29		-	the terms of the warrant.
30		-	SECTION 3. 968.373 (7) (b) of the statutes is amended
31		-	to read:
32		-	968.373 (7) (b) A person who discloses the location
33		-	of a communications device under sub. (8) (b) is immune
34		-	from civil or criminal liability for the acts or omissions
35		-	in making the disclosure in accordance with sub. (8) (b).
36		-	SECTION 4. 968.373 (7) (c) of the statutes is amended
37		-	to read:
38		-	968.373 (7) (c) No cause of action or criminal action
39		-	may arise against any provider of electronic communica-
40		-	tion service, or its officers, employees, or agents or other
41		-	persons specified in the court order under sub. (5), for
42		-	providing information, facilities, or assistance in accord-
43		-	ance with the terms of a court order under sub. (5).
44		-	SECTION 5. 968.373 (8) (b) (intro.) of the statutes is
45		-	amended to read:
46		-	968.373 (8) (b) (intro.) A provider of electronic com-
47		-	munication service may shall disclose the location of a
48		-	communications device without a warrant if any of the
49		-	following applies:
50		-	SECTION 6. 968.373 (8) (b) 3. of the statutes is created
51		-	to read:
52		-	968.373 (8) (b) 3. The provider of electronic commu-
53		-	nication service receives a written request from a law
54		-	enforcement agency attesting that the disclosure of
55		-	device location information is needed to allow a law
56		-	enforcement agency to respond to a call for emergency
57		-	* 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
58		-	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 232 2023 Assembly Bill 960
59		-	services or to an emergency situation that involves the
60		-	danger of death or serious physical injury to any person
61		-	and disclosure of device location information is neces-
62		-	sary to prevent or mitigate that danger.
63		-	SECTION 6g. 968.373 (8) (c) of the statutes is created
64		-	to read:
65		-	968.373 (8) (c) If the location of a communications
66		-	device is disclosed to a law enforcement agency under
67		-	par. (b) 2. or 3., the provider of electronic communication
68		-	services shall notify the customer or subscriber of the
69		-	information disclosure within 30 days after the call for
70		-	emergency services or the emergency situation, or when
71		-	any case that resulted from the call for emergency ser-
72		-	vices or the emergency situation has resolved, whichever
73		-	is later.
74		-	SECTION 6m. 968.373 (8g) of the statutes is created
75		-	to read:
76		-	968.373 (8g) COURT REVIEW. If the location of a com-
77		-	munications device is disclosed to a law enforcement
78		-	agency under sub. (8) (b) 2. or 3. and evidence of criminal
79		-	activity was obtained as a result of the disclosure, the law
80		-	enforcement agency shall, within 3 days of the disclo-
81		-	sure, apply to a judge for an order retroactively autho-
82		-	rizing the emergency disclosure. The application under
83		-	this subsection shall set forth the facts giving rise to the
84		-	emergency disclosure, and the judge shall promptly issue
85		-	an order determining whether the emergency disclosure
86		-	was necessary. If the judge determines that the disclosure
87		-	was not necessary, the judge shall order that the evidence
88		-	be suppressed in any criminal proceeding on the grounds
89		-	that the evidence was unlawfully obtained, and order
90		-	immediate notification under sub. (8) (c).
91		-	SECTION 7. 968.373 (8s) of the statutes is created to
92		-	read:
93		-	968.373 (8s) EMERGENCY CONTACT INFORMATION.
94		-	Any provider of electronic communication services con-
95		-	sidered to be doing business in this state under sub. (8m)
96		-	shall submit its emergency contact information to the
97		-	department of justice to facilitate a request for informa-
98		-	tion made by a law enforcement agency or tribal law
99		-	enforcement agency under this section no later than 60
100		-	days after the effective date of this subsection .... [LRB
101		-	inserts date], annually by January 1 of each year there-
102		-	after, and as soon as possible any time a change occurs to
103		-	the emergency contact information most recently sub-
104		-	mitted to the department of justice.
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 960
	5	+	January 16, 2024 - Introduced by Representatives KITCHENS, DITTRICH, DONOVAN,
	6	+	GUNDRUM, MURPHY, MURSAU, O'CONNOR, PENTERMAN and BRANDTJEN,
	7	+	cosponsored by Senators JAMES, BALLWEG, JACQUE and WANGGAARD. Referred
	8	+	to Committee on Criminal Justice and Public Safety.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to amend 968.373 (7) (a), 968.373 (7) (b), 968.373 (7) (c) and 968.373 (8)
	11	+	(b) (intro.); and to create 165.25 (21), 968.373 (8) (b) 3. and 968.373 (8s) of the
	12	+	statutes; relating to: emergency communications device location information.
	13	+	Analysis by the Legislative Reference Bureau
	14	+	Under current law, a warrant is generally required for a law enforcement officer
	15	+	to track or obtain the location of a wireless communications device. However, there
	16	+	is an exception that states that a law enforcement officer may seek, and a wireless
	17	+	communications provider may provide, without a warrant, device location
	18	+	information if the customer or subscriber consents or if an emergency involving the
	19	+	danger of death or serious physical injury to any person exists and disclosure of the
	20	+	location information is relevant to preventing the death or injury or to mitigating the
	21	+	injury.
	22	+	This bill provides that a wireless communications provider must provide the
	23	+	device location information to law enforcement without a warrant if the customer or
	24	+	subscriber consents to the disclosure; if the provider believes in good faith that an
	25	+	emergency involving the danger of death or serious physical injury to any person
	26	+	exists and that disclosure of the location is relevant to preventing the death or injury
	27	+	or to mitigating the injury; or if the provider receives a written request from a law
	28	+	enforcement agency stating that the disclosure of device location information is
	29	+	needed to respond to a call for emergency services or to an emergency situation that
	30	+	involves the danger of death or serious physical injury to any person and disclosure
	31	+	of device location information is necessary to prevent or mitigate that danger.
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	36	+	ASSEMBLY BILL 960
	37	+	Under current law, a wireless communications provider is immune from civil
	38	+	liability for providing customer information in accordance with a warrant or the
	39	+	exception described above. The bill also provides that the wireless communications
	40	+	provider is immune from criminal liability for providing such information.
	41	+	Additionally, the bill requires wireless communications providers to provide
	42	+	emergency contact information for such requests to the Department of Justice on an
	43	+	annual basis and requires DOJ to maintain a database of the information and
	44	+	provide the information to law enforcement agencies and 911 call centers to facilitate
	45	+	requests from law enforcement agencies.
	46	+	The people of the state of Wisconsin, represented in senate and assembly, do
	47	+	enact as follows:
	48	+	SECTION 1. 165.25 (21) of the statutes is created to read:
	49	+	165.25 (21) MAINTAIN A DATABASE OF EMERGENCY CONTACT INFORMATION FOR
	50	+	PROVIDERS OF ELECTRONIC COMMUNICATION SERVICES. Maintain a database of electronic
	51	+	communication services provider emergency contact information submitted under
	52	+	s. 968.373 (8s) in order to facilitate a request from a law enforcement agency or tribal
	53	+	law enforcement agency for information under s. 968.373, and distribute the
	54	+	information maintained under this subsection on a quarterly basis, or immediately
	55	+	as changes occur, to all law enforcement agencies, tribal law enforcement agencies,
	56	+	and public safety answering points in this state.
	57	+	SECTION 2. 968.373 (7) (a) of the statutes is amended to read:
	58	+	968.373 (7) (a) A person on whom a warrant issued under sub. (4) is served is
	59	+	immune from civil or criminal liability for acts or omissions in providing records or
	60	+	information, facilities, or assistance in accordance with the terms of the warrant.
	61	+	SECTION 3. 968.373 (7) (b) of the statutes is amended to read:
	62	+	968.373 (7) (b) A person who discloses the location of a communications device
	63	+	under sub. (8) (b) is immune from civil or criminal liability for the acts or omissions
	64	+	in making the disclosure in accordance with sub. (8) (b).
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	84	+	SECTION 4
	85	+	ASSEMBLY BILL 960
	86	+	SECTION 4. 968.373 (7) (c) of the statutes is amended to read:
	87	+	968.373 (7) (c) No cause of action or criminal action may arise against any
	88	+	provider of electronic communication service, or its officers, employees, or agents or
	89	+	other persons specified in the court order under sub. (5), for providing information,
	90	+	facilities, or assistance in accordance with the terms of a court order under sub. (5).
	91	+	SECTION 5. 968.373 (8) (b) (intro.) of the statutes is amended to read:
	92	+	968.373 (8) (b) (intro.) A provider of electronic communication service may
	93	+	shall disclose the location of a communications device without a warrant if any of the
	94	+	following applies:
	95	+	SECTION 6. 968.373 (8) (b) 3. of the statutes is created to read:
	96	+	968.373 (8) (b) 3. The provider of electronic communication service receives a
	97	+	written request from a law enforcement agency stating that the disclosure of device
	98	+	location information is needed to allow a law enforcement agency to respond to a call
	99	+	for emergency services or to an emergency situation that involves the danger of death
	100	+	or serious physical injury to any person and disclosure of device location information
	101	+	is necessary to prevent or mitigate that danger.
	102	+	SECTION 7. 968.373 (8s) of the statutes is created to read:
	103	+	968.373 (8s) EMERGENCY CONTACT INFORMATION. Any provider of electronic
	104	+	communication services considered to be doing business in this state under sub. (8m)
	105	+	shall submit its emergency contact information to the department of justice to
	106	+	facilitate a request for information made by a law enforcement agency or tribal law
	107	+	enforcement agency under this section no later than 60 days after the effective date
	108	+	of this subsection .... [LRB inserts date], annually by January 1 of each year
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	133	+	SECTION 7 ASSEMBLY BILL 960
	134	+	thereafter, and as soon as possible any time a change occurs to the emergency contact
	135	+	information most recently submitted to the department of justice.
	136	+	(END)
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