Wisconsin Legislative Council
AMENDMENT 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
Memo published: October 17, 2023 Contact: David Moore, Senior Staff Attorney
2023 Senate Bill 331
Senate
Amendment 1
2023 SENATE BILL 331
2023 Senate Bill 331 modifies the definitions of “pen register” and “trap and trace device.” It also
broadens the scope of the courts to which the Attorney General or a district attorney may apply for an
order permitting the use of a pen register or trap and trace device.
Under current law, a pen register is generally defined to mean a device that records or decodes
electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone
line to which the device is attached. The bill alters this definition to provide that a pen register is a
device or process that records or decodes dialing, routing, addressing, or signaling information
transmitted on the telephone line or by an instrument or facility from which a wire or electronic
communication is transmitted.
Under current law, a “trap and trace device” is a device that captures the incoming electronic or other
impulses that identify the originating number of an instrument or device from which a wire or
electronic communication was transmitted. The bill modifies this definition to provide that a trap and
trace device is a device or process that captures the incoming electronic or other impulses that identify
the originating number or other dialing, routing, addressing, and signaling information of an
instrument or device reasonably likely to identify the source from which a wire or electronic
communication is received.
Under current law, the Attorney General or a district attorney may apply for an order or extension of an
order authorizing or approving the installation and use of a pen register or a trap and trace device, in
writing under oath or equivalent affirmation, to a circuit for the county where the device is to be
located. The bill allows the Attorney General or a district attorney to apply to a circuit court for any
county for this type of order.
SENATE AMENDMENT 1
Senate Amendment 1 removes the provision of the bill allowing the Attorney General or a district
attorney to apply to a circuit court in any county for a pen register or trap and trace device.
BILL HISTORY
Senator Jacque offered Senate Amendment 1 to Senate Bill 331 on October 10, 2023. On October 12,
2023, the Senate Committee on Judiciary and Public Safety voted to recommend adoption of Senate
Amendment 1 and passage of Senate Bill 331, as amended, on votes of Ayes, 5; Noes, 2.
For a full history of the bill, visit the Legislature’s bill history page.
DM:ksm