LRB-2478/1
MCP:kjf
2015 - 2016 LEGISLATURE
June 2, 2015 - Introduced by Senators Wanggaard, L. Taylor and Harris Dodd,
cosponsored by Representatives Knodl, Tittl, A. Ott, Kitchens, T. Larson,
Rohrkaste, Quinn, Kremer, Spiros, Czaja, Young, Sargent and Hebl.
Referred to Committee on Judiciary and Public Safety.
SB184,1,3 1An Act to create 134.985 of the statutes; relating to: removal of certain
2criminal record information from Internet sites without a fee and providing a
3criminal penalty.
Analysis by the Legislative Reference Bureau
Under this bill, the operator of an Internet site that publishes criminal record
information and charges a fee to remove the information has 15 days to remove a
person's criminal record information, without charging a fee, if the operator receives
a written request for removal that shows any of the following: 1) no criminal charge
was brought against the person; 2) the criminal charge was resolved through
dismissal, acquittal, or otherwise without a conviction; 3) the criminal charge was
reduced to a civil penalty; or 4) the person's conviction was expunged. The bill defines
criminal record information as information showing that a person has been arrested,
charged, prosecuted, convicted, or sentenced for a criminal offense, including
booking photographs and fingerprints. An Internet site operator who violates these
requirements is subject to a fine of up to $10,000 or imprisonment for up to nine
months, or both.
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:
SB184,1
1Section 1. 134.985 of the statutes is created to read:
SB184,2,6 2134.985 Removal of criminal record information from Internet sites.
3(1) Definition. In this section, "criminal record information" means information
4showing that an individual has been arrested, charged, prosecuted, convicted, or
5sentenced for a criminal offense, including the individual's photograph or digital
6image or fingerprint.
SB184,2,13 7(2) Removal of criminal record information. A person who operates or
8otherwise controls an Internet site that contains criminal record information and
9who charges a fee for the removal of criminal record information from the Internet
10site shall remove an individual's criminal record information from the Internet site
11without charging a fee within 15 days after receiving a written request for removal
12from the individual or the individual's agent that contains documentation showing
13any of the following:
SB184,2,1414 (a) No criminal charge was brought against the individual.
SB184,2,1615 (b) The criminal charge against the individual was resolved through dismissal,
16acquittal, or otherwise without a conviction.
SB184,2,1717 (c) The criminal charge against the individual was reduced to a civil penalty.
SB184,2,1918 (d) The individual's conviction was expunged or otherwise set aside by court
19order.
SB184,2,21 20(3) Penalty. A person who violates sub. (2) may be fined not more than $10,000
21or imprisoned for not more than 9 months, or both.
SB184,2,2222 (End)
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