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: February 9, 2024 Contact: Amber Otis, Senior Staff Attorney
2023 Senate Bill 890 Senate Amendment 1
2023 SENATE BILL 890
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 bill, 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 stating 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.
The bill also requires each provider of wireless communication services that does business in the state
to submit contact information to the Department of Justice (DOJ) annually, and requires DOJ to
maintain a list of providers and distribute the list to law enforcement agencies. The bill 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.
SENATE AMENDMENT 1
Senate Amendment 1 changes the language in the bill so that a law enforcement agency must submit a
written request “attesting,” rather than “stating,” that the disclosure of the device location is needed in
an emergency situation.
BILL HISTORY
Senator James offered Senate Amendment 1 on January 24, 2024. On February 8, 2024, the Senate
Committee on Judiciary and Public Safety recommended adoption of the amendment on a vote of Ayes,
6; Noes, 1, and passage of the bill, as amended, on a vote of Ayes, 5; Noes, 2.
For a full history of the bill, visit the Legislature’s bill history page.
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