Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB890 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 890
5	5	January 5, 2024 - Introduced by Senators J AMES, BALLWEG, JACQUE and
6	6	WANGGAARD, cosponsored by Representatives KITCHENS, DITTRICH, DONOVAN,
7	7	GUNDRUM, MURPHY, MURSAU, O'CONNOR and PENTERMAN. Referred to
8	8	Committee on Judiciary and Public Safety.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 968.373 (7) (a), 968.373 (7) (b), 968.373 (7) (c) and 968.373 (8)
11	11	(b) (intro.); and to create 165.25 (21), 968.373 (8) (b) 3. and 968.373 (8s) of the
12	12	statutes; relating to: emergency communications device location information.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, a warrant is generally required for a law enforcement officer
15	15	to track or obtain the location of a wireless communications device. However, there
16	16	is an exception that states that a law enforcement officer may seek, and a wireless
17	17	communications provider may provide, without a warrant, device location
18	18	information if the customer or subscriber consents or if an emergency involving the
19	19	danger of death or serious physical injury to any person exists and disclosure of the
20	20	location information is relevant to preventing the death or injury or to mitigating the
21	21	injury.
22	22	This bill provides that a wireless communications provider must provide the
23	23	device location information to law enforcement without a warrant if the customer or
24	24	subscriber consents to the disclosure; if the provider believes in good faith that an
25	25	emergency involving the danger of death or serious physical injury to any person
26	26	exists and that disclosure of the location is relevant to preventing the death or injury
27	27	or to mitigating the injury; or if the provider receives a written request from a law
28	28	enforcement agency stating that the disclosure of device location information is
29	29	needed to respond to a call for emergency services or to an emergency situation that
30	30	involves the danger of death or serious physical injury to any person and disclosure
31	31	of device location information is necessary to prevent or mitigate that danger.
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36	36	SENATE BILL 890
37	37	Under current law, a wireless communications provider is immune from civil
38	38	liability for providing customer information in accordance with a warrant or the
39	39	exception described above. The bill also provides that the wireless communications
40	40	provider is immune from criminal liability for providing such information.
41	41	Additionally, the bill requires wireless communications providers to provide
42	42	emergency contact information for such requests to the Department of Justice on an
43	43	annual basis and requires DOJ to maintain a database of the information and
44	44	provide the information to law enforcement agencies and 911 call centers to facilitate
45	45	requests from law enforcement agencies.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 165.25 (21) of the statutes is created to read:
49	49	165.25 (21) MAINTAIN A DATABASE OF EMERGENCY CONTACT INFORMATION FOR
50	50	PROVIDERS OF ELECTRONIC COMMUNICATION SERVICES. Maintain a database of electronic
51	51	communication services provider emergency contact information submitted under
52	52	s. 968.373 (8s) in order to facilitate a request from a law enforcement agency or tribal
53	53	law enforcement agency for information under s. 968.373, and distribute the
54	54	information maintained under this subsection on a quarterly basis, or immediately
55	55	as changes occur, to all law enforcement agencies, tribal law enforcement agencies,
56	56	and public safety answering points in this state.
57	57	SECTION 2. 968.373 (7) (a) of the statutes is amended to read:
58	58	968.373 (7) (a) A person on whom a warrant issued under sub. (4) is served is
59	59	immune from civil or criminal liability for acts or omissions in providing records or
60	60	information, facilities, or assistance in accordance with the terms of the warrant.
61	61	SECTION 3. 968.373 (7) (b) of the statutes is amended to read:
62	62	968.373 (7) (b) A person who discloses the location of a communications device
63	63	under sub. (8) (b) is immune from civil or criminal liability for the acts or omissions
64	64	in making the disclosure in accordance with sub. (8) (b).
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84	84	SECTION 4
85	85	SENATE BILL 890
86	86	SECTION 4. 968.373 (7) (c) of the statutes is amended to read:
87	87	968.373 (7) (c) No cause of action or criminal action may arise against any
88	88	provider of electronic communication service, or its officers, employees, or agents or
89	89	other persons specified in the court order under sub. (5), for providing information,
90	90	facilities, or assistance in accordance with the terms of a court order under sub. (5).
91	91	SECTION 5. 968.373 (8) (b) (intro.) of the statutes is amended to read:
92	92	968.373 (8) (b) (intro.) A provider of electronic communication service may
93	93	shall disclose the location of a communications device without a warrant if any of the
94	94	following applies:
95	95	SECTION 6. 968.373 (8) (b) 3. of the statutes is created to read:
96	96	968.373 (8) (b) 3. The provider of electronic communication service receives a
97	97	written request from a law enforcement agency stating that the disclosure of device
98	98	location information is needed to allow a law enforcement agency to respond to a call
99	99	for emergency services or to an emergency situation that involves the danger of death
100	100	or serious physical injury to any person and disclosure of device location information
101	101	is necessary to prevent or mitigate that danger.
102	102	SECTION 7. 968.373 (8s) of the statutes is created to read:
103	103	968.373 (8s) EMERGENCY CONTACT INFORMATION. Any provider of electronic
104	104	communication services considered to be doing business in this state under sub. (8m)
105	105	shall submit its emergency contact information to the department of justice to
106	106	facilitate a request for information made by a law enforcement agency or tribal law
107	107	enforcement agency under this section no later than 60 days after the effective date
108	108	of this subsection .... [LRB inserts date], annually by January 1 of each year
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133	133	SECTION 7 SENATE BILL 890
134	134	thereafter, and as soon as possible any time a change occurs to the emergency contact
135	135	information most recently submitted to the department of justice.
136	136	(END)
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