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2023 - 2024 LEGISLATURE
2023 SENATE BILL 890
January 5, 2024 - Introduced by Senators J AMES, BALLWEG, JACQUE and
WANGGAARD, cosponsored by Representatives KITCHENS, DITTRICH, DONOVAN,
GUNDRUM, MURPHY, MURSAU, O'CONNOR and PENTERMAN. Referred to
Committee on Judiciary and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
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. and 968.373 (8s) of the
statutes; relating to: emergency communications device location information.
Analysis by the Legislative Reference Bureau
Under current law, a warrant is generally required for a law enforcement officer
to track or obtain the location of a wireless communications device. However, there
is an exception that states that a law enforcement officer may seek, and a wireless
communications provider may provide, without a warrant, device location
information if the customer or subscriber consents or if an emergency involving the
danger of death or serious physical injury to any person exists and disclosure of the
location information is relevant to preventing the death or injury or to mitigating the
injury.
This bill provides that a wireless communications provider must provide the
device location information to law enforcement without a warrant if the customer or
subscriber consents to the disclosure; 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; or if the provider receives a written request from a law
enforcement agency stating that the disclosure of device location information is
needed to respond to a call for emergency 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 necessary to prevent or mitigate that danger.
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SENATE BILL 890
Under current law, a wireless communications provider is immune from civil
liability for providing customer information in accordance with a warrant or the
exception described above. The bill also provides that the wireless communications
provider is immune from criminal liability for providing such information.
Additionally, the bill requires wireless communications providers to provide
emergency contact information for such requests to the Department of Justice on an
annual basis and requires DOJ to maintain a database of the information and
provide the information to law enforcement agencies and 911 call centers to facilitate
requests from law enforcement agencies.
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 electronic
communication services provider emergency contact 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).
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SECTION 4
SENATE BILL 890
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 communication 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 accordance 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 communication 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 communication service receives a
written request from a law enforcement agency stating that the disclosure of device
location information is needed to allow a law enforcement agency to respond to a call
for emergency 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 necessary to prevent or mitigate that danger.
SECTION 7. 968.373 (8s) of the statutes is created to read:
968.373 (8s) EMERGENCY CONTACT INFORMATION. Any provider of electronic
communication services considered 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 information 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
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SECTION 7 SENATE BILL 890
thereafter, and as soon as possible any time a change occurs to the emergency contact
information most recently submitted to the department of justice.
(END)
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