Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB331 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 331
5	5	June 14, 2023 - Introduced by Senators JACQUE and TOMCZYK, cosponsored by
6	6	Representatives MURSAU, PENTERMAN and DONOVAN. Referred to Committee
7	7	on Judiciary and Public Safety.
8	8	AN ACT to amend 968.27 (13), 968.27 (15), 968.35 (1), 968.36 (2) (a), 968.36 (2)
9	9	(c), 968.36 (5) (b) and 968.37 (2); and to create 968.36 (6) of the statutes;
10	10	relating to: pen registers and trap and trace devices.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill expands the definitions of “pen register” and “trap and trace device,”
13	13	which are two types of wiretapping devices. Under current law, a “pen register” is
14	14	defined as a device that records or decodes electronic or other impulses that identify
15	15	the numbers dialed or transmitted on a telephone line. A “trap and trace device” is
16	16	defined under current law as a device that captures the incoming electronic or other
17	17	impulses that identify the originating number of an instrument or device from which
18	18	a wire or electronic communication was transmitted.
19	19	Under the bill, the definition of “pen register” includes a device or process that
20	20	records or decodes dialing, routing, addressing, or signaling information transmitted
21	21	on a telephone line or by an instrument or facility from which a wire or electronic
22	22	communication is transmitted. The definition of “trap and trace device” includes a
23	23	device or process that identifies the originating number or other dialing, routing,
24	24	addressing, and signaling information of an instrument or facility from which a wire
25	25	or electronic communication was received.
26	26	Current law provides that the attorney general or a district attorney may apply
27	27	for a court order from the circuit court for the county where the device is to be located
28	28	to install a pen register or a trap and trace device to further a criminal investigation.
29	29	This bill allows the attorney general or a district attorney to apply for the court order
30	30	for a pen register or trap and trace device from the circuit court for any county.
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35	35	SENATE BILL 331
36	36	Under the bill, a person is considered to be doing business in this state, for the
37	37	purpose of a pen register or trap and trace device order, if the person contracts with
38	38	or engages in a terms of service agreement with any other person for the use of a line,
39	39	instrument, or facility, and any part of the performance of the contract or provision
40	40	of service takes place within this state on any occasion.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 968.27 (13) of the statutes is amended to read:
44	44	968.27 (13) “Pen register" means a device or process that records or decodes
45	45	electronic or other impulses that identify the numbers dialed or otherwise dialing,
46	46	routing, addressing, or signaling information transmitted on the telephone line to
47	47	which the device is attached or by an instrument or facility from which a wire or
48	48	electronic communication is transmitted. “Pen register" does not include any device
49	49	or process used by a provider or customer of a wire or electronic communication
50	50	service for billing, or recording as an incident to billing, for communications services
51	51	provided by the provider or any device or process used by a provider or customer of
52	52	a wire communication service for cost accounting or other like purposes in the
53	53	ordinary course of its business.
54	54	SECTION 2. 968.27 (15) of the statutes is amended to read:
55	55	968.27 (15) “Trap and trace device" means a device or process that captures the
56	56	incoming electronic or other impulses that identify the originating number or other
57	57	dialing, routing, addressing, and signaling information of an instrument or device
58	58	reasonably likely to identify the source from which a wire or electronic
59	59	communication was transmitted received.
60	60	SECTION 3. 968.35 (1) of the statutes is amended to read:
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81	81	SECTION 3
82	82	SENATE BILL 331
83	83	968.35 (1) The attorney general or a district attorney may make application for
84	84	an order or an extension of an order under s. 968.36 authorizing or approving the
85	85	installation and use of a pen register or a trap and trace device, in writing under oath
86	86	or equivalent affirmation, to a circuit court for the any county where the device is to
87	87	be located.
88	88	SECTION 4. 968.36 (2) (a) of the statutes is amended to read:
89	89	968.36 (2) (a) Specify the identity, if known, of the person to whom is leased or
90	90	in whose name is listed the telephone line, instrument, or facility to which the pen
91	91	register or trap and trace device is to be attached.
92	92	SECTION 5. 968.36 (2) (c) of the statutes is amended to read:
93	93	968.36 (2) (c) Specify the number and, if known, the physical location of the
94	94	telephone line, instrument, or facility to which the pen register or trap and trace
95	95	device is to be attached and, in the case of a trap and trace device, the geographic
96	96	limits of the trap and trace order.
97	97	SECTION 6. 968.36 (5) (b) of the statutes is amended to read:
98	98	968.36 (5) (b) The person owning or leasing the line, instrument, or facility to
99	99	which the pen register or a trap and trace device is attached, or who has been ordered
100	100	by the court to provide assistance to the applicant, not disclose the existence of the
101	101	pen register or trap and trace device or the existence of the investigation to the listed
102	102	subscriber, or to any other person, unless or until otherwise ordered by the court.
103	103	SECTION 7. 968.36 (6) of the statutes is created to read:
104	104	968.36 (6) For purposes of this section, a person is considered to be doing
105	105	business in this state, and is subject to service and execution of process from this
106	106	state, if the person makes a contract with or engages in a terms of service agreement
107	107	with any other person for the use of a line, instrument, or facility, whether or not the
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134	134	SECTION 7 SENATE BILL 331
135	135	other person is a resident of this state, and any part of the performance of the contract
136	136	or provision of service takes place within this state on any occasion.
137	137	SECTION 8. 968.37 (2) of the statutes is amended to read:
138	138	968.37 (2) Upon the request of the attorney general, a district attorney or an
139	139	officer of a law enforcement agency authorized to receive the results of a trap and
140	140	trace device under ss. 968.28 to 968.37, a provider of a wire or electronic
141	141	communication service, landlord, custodian or other person shall install the trap and
142	142	trace device forthwith on the appropriate line, instrument, or facility and shall
143	143	furnish the investigative or law enforcement officer all additional information,
144	144	facilities and technical assistance including installation and operation of the trap
145	145	and trace device unobtrusively and with a minimum of interference with the services
146	146	that the person so ordered by the court accords the party with respect to whom the
147	147	installation and use is to take place, if the installation and assistance is directed by
148	148	a court order under s. 968.36 (5) (b). Unless otherwise ordered by the court, the
149	149	results of the trap and trace device shall be furnished to the officer of a law
150	150	enforcement agency, designated by the court, at reasonable intervals during regular
151	151	business hours for the duration of the order.
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