2003 - 2004 LEGISLATURE
October 15, 2003 - Introduced by Representatives Schneider and Hahn. Referred
to Committee on Judiciary.
1An Act to renumber
910.01 (1); to amend
910.01 (2); and to create
910.01 (1g) 2
and 910.025 of the statutes; relating to: admissibility of a digitally produced
3photograph, film, audio, or video.
Analysis by the Legislative Reference Bureau
Under current law, if properly authenticated as being a true representation of
the image in the photograph or motion picture, an original of a photograph or motion
picture may be admitted in evidence to prove the content of the photograph or motion
picture. This bill prohibits the introduction of a photograph, film, motion picture,
audio, or video of a person, place, document, sound, or event to prove the content of
the photograph, film, motion picture, audio, or video if that photograph, film, motion
picture, audio, or video is created or stored by data in the form of numerical digits.
The prohibition under this bill does not apply to the use of such digital
representations in actions to enforce a crime related to child pornography.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB584, s. 1
910.01 (1) of the statutes is renumbered 910.01 (1m).
AB584, s. 2
910.01 (1g) of the statutes is created to read:
910.01 (1g) Digital representation.
"Digital representation" means any 2
recording or image of a person, place, document, sound, or event that is created or 3
stored by data in the form of numerical digits.
AB584, s. 3
910.01 (2) of the statutes is amended to read:
910.01 (2) Photographs.
"Photographs" include still photographs, X-ray films, 6and
motion pictures, and digital representations
AB584, s. 4
910.025 of the statutes is created to read:
8910.025 Inadmissibility of a digital representation.
In any action or 9
proceeding, except an action under s. 948.05 or 948.12, a digital representation in the 10
form of a photograph, film, motion picture, audio, or video is not admissible for 11
purposes of proving the content of that digital representation.
(1) This act first applies to actions commenced on the effective date of this 14