AB663: Bill Text

Under the bill, the director of state courts removes from the database that is accessible to the general public on the CCAP Web page all information relating to a case if a finding or order related to the case or charge is reopened, vacated, set aside, or overturned on appeal.

Under the bill, if a user searches for a person's name on CCAP and subsequently denies the person employment, housing, or another public accommodation, the user must inform the person that he or she searched for the person's record on CCAP. A user who fails to do so may be fined $1,000.

Also under the bill, upon the written request of a person whose case information is currently available on CCAP, the director of state courts must remove from the database that is accessible on CCAP to the general public any information relating to a case if there was no finding of criminal guilt or civil liability, an order of eviction, or the issuance of a restraining order against the person or if the finding or order was subsequently reopened, vacated, set aside, or overturned.

For further information see the state 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:

AB663, s. 1 Section 1. 758.20 of the statutes is created to read:

AB663,3,2 758.20 Consolidated court automation programs. (1) In this section, "Wisconsin Circuit Court Access Internet Web site" means the Web site of the consolidated court automation programs, which is the statewide electronic circuit court case management system established under s. 758.19 (4) and maintained by the director of state courts.

AB663,3,5 (2) (a) The director of state courts shall maintain a database that is accessible via the Wisconsin Circuit Court Access Internet Web site to every person listed in sub. (3) (a) and that contains public records of the circuit courts.

AB663,3,9 (b) The director of state courts shall maintain a database that is accessible via the Wisconsin Circuit Court Access Internet Web site to every person listed in sub. (3) (b) that contains information about a case or criminal charge only after a court has done one of the following:

AB663,3,10 1. Entered a finding of guilty in a criminal matter.

AB663,3,11 2. Entered a finding of liability in a civil matter.

AB663,3,12 3. Entered an order of eviction.

AB663,3,13 4. Issued a restraining order or an injunction against a person.

AB663,3,19 (c) The director of state courts shall remove all information relating to a case or a criminal charge contained in the database under par. (b) if a finding or order related to the case or criminal charge is reopened, vacated, set aside, or overturned on appeal. If a new finding, judgment, or order is subsequently entered in the case or criminal charge, the director of state courts may enter the information as provided under pars. (a) and (b).

AB663,3,21 (3) (a) The following persons shall have access to the information described in sub. (2) (a) and contained on the Wisconsin Circuit Court Access Internet Web site:

AB663,3,24 1. Justices, judges, magistrates, court commissioners, and other employees of state, federal, or municipal courts and agencies in Wisconsin who require access to court documents and records in the course of their employment.

AB663,4,3 2. Law enforcement officers as defined in s. 941.299 (1) (c) and other employees of state, federal, or municipal law enforcement agencies in Wisconsin who require access to court documents and records in the course of their employment.

AB663,4,5 3. Attorneys licensed to practice law in Wisconsin and their employees who require access to court documents and records in the course of their employment.

AB663,4,8 4. Members of the Wisconsin Newspapers Association, the Wisconsin Broadcasters Association, and any other Wisconsin media organization designated by the director of state courts.

AB663,4,9 5. A debt collector licensed under s. 218.04.

AB663,4,12 (b) A person who does not meet the requirements under par. (a) may have access to the information described in sub. (2) (b) and contained on the Wisconsin Circuit Court Access Internet Web site.

AB663,4,18 (4) A person may request, in writing, that the director of state courts remove from the Wisconsin Circuit Court Access Internet Web site all information relating to a case or charge against the person. Upon receiving the request, the director of state courts shall remove the information if it does not meet the requirements under sub. (2) (b) or if the finding of guilt or liability was reopened, vacated, set aside, or overturned on appeal.

AB663,4,24 (5) Any person who requests information from the Wisconsin Circuit Court Access Internet Web site shall inform the person who is the subject of the request that he or she sought information about that person if he or she denies that person employment, housing, or any public accommodation. Any person who intentionally fails to comply with this subsection shall be required to forfeit $1,000 for each failure to comply.

AB663, s. 2 Section 2. Initial applicability.

AB663,5,4 (1) This act first applies to judgments, findings, or orders entered on the effective date of this subsection, except that a request made under s. 758.20 (4), as created by this act, applies to information available on the Wisconsin Circuit Court Access Internet Web site on the effective date of this subsection.

AB663,5,6 (2) This act first applies to requests for information made on the effective date of this subsection.

AB663, s. 3 Section 3. Effective date.

AB663,5,9 (1) This act takes effect on the first day of the 5th month beginning after publication.

AB663,5,10 (End)