AB383,165,1817 (a) Intentionally intercepts, attempts to intercept, or procures any other person
18to intercept or attempt to intercept, any wire, electronic, or oral communication.
AB383,165,2119 (b) Intentionally uses, attempts to use, or procures any other person to use or
20attempt to use any electronic, mechanical, or other device to intercept any oral
21communication.
AB383,166,222 (c) Discloses, or attempts to disclose, to any other person the contents of any
23wire, electronic, or oral communication, knowing or having reason to know that the
24information was obtained through the interception of a wire, electronic , or oral

1communication in violation of this section subsection or under circumstances
2constituting violation of this section subsection.
AB383,166,73 (d) Uses, or attempts to use, the contents of any wire, electronic , or oral
4communication, knowing or having reason to know that the information was
5obtained through the interception of a wire, electronic, or oral communication in
6violation of this section subsection or under circumstances constituting violation of
7this section subsection.
AB383,166,108 (e) Intentionally discloses the contents of any oral, electronic, or wire
9communication obtained by authority of ss. 968.28, 968.29 968.315, 968.325, and
10968.30 968.335, except as therein provided.
AB383,166,1211 (f) Intentionally alters any wire, electronic, or oral communication intercepted
12on tape, wire, or other device.
AB383,166,13 13(2) (intro.) It is not unlawful under ss. 968.28 968.315 to 968.37 968.405:
AB383,166,2214 (a) For an operator of a switchboard, or an officer, employee, or agent of any
15provider of a wire or electronic communication service, whose facilities are used in
16the transmission of a wire or electronic communication to intercept, disclose, or use
17that communication in the normal course of his or her employment while engaged
18in any activity which is a necessary incident to the rendition of his or her service or
19to the protection of the rights or property of the provider of that service, except that
20a provider of a wire or electronic communication service shall not utilize service
21observing or random monitoring except for mechanical or service quality control
22checks.
AB383,166,2523 (b) For a person acting under color of law to intercept a wire, electronic, or oral
24communication, where the person is a party to the communication or one of the
25parties to the communication has given prior consent to the interception.
AB383,167,6
1(c) For a person not acting under color of law to intercept a wire, electronic, or
2oral communication where the person is a party to the communication or where one
3of the parties to the communication has given prior consent to the interception unless
4the communication is intercepted for the purpose of committing any criminal or
5tortious act in violation of the constitution or laws of the United States or of any state
6or for the purpose of committing any other injurious act.
AB383,167,87 (e) For any person to intercept any radio communication that is transmitted
8by any of the following:
AB383,167,109 1. By any Any station for the use of the general public, or that relates to ships,
10aircraft, vehicles, or persons in distress;.
AB383,167,1311 2. By any Any governmental, law enforcement, civil defense, private land
12mobile, or public safety communications system, including police and fire, readily
13accessible to the general public;.
AB383,167,1514 3. By a A station operating on an authorized frequency within the bands
15allocated to the amateur, citizens band, or general mobile radio services; or.
AB383,167,1616 4. By any Any marine or aeronautical communications system.
AB383,167,1717 (f) For any person to engage in any conduct that is any of the following:
AB383,167,1918 1. Is prohibited Prohibited by section 633 of the communications act of 1934;
19or
.
AB383,167,2120 2. Is excepted Excepted from the application of section 705 (a) of the
21communications act of 1934 by section 705 (b) of that act.
AB383,167,2322 (i) To use a pen register or a trap and trace device as authorized under ss. 968.34
23968.376 to 968.37; or 968.405.
AB383,168,324 (j) For a provider of electronic communication service to record the fact that a
25wire or electronic communication was initiated or completed in order to protect the

1provider, another provider furnishing service toward the completion of the wire or
2electronic communication, or a user of that service, from fraudulent, unlawful, or
3abusive use of the service.
AB383,168,8 4(2m) (intro.) Any person whose wire, electronic, or oral communication is
5intercepted, disclosed, or used in violation of ss. 968.28 968.315 to 968.37 968.405
6shall have a civil cause of action against any person who intercepts, discloses, or uses,
7or procures any other person to intercept, disclose, or use, the communication, and
8shall be entitled to recover from any such person all of the following:
AB383,168,109 (a) Actual damages, but not less than liquidated damages computed at the rate
10of $100 a day for each day of violation or $1,000, whichever is higher ;.
AB383,168,1111 (b) Punitive damages; and.
AB383,168,14 12(3) Good faith reliance on a court order or on s. 968.30 968.335 (7) shall
13constitute a complete defense to any civil or criminal action brought under ss. 968.28
14968.315 to 968.37 968.405.
AB383,539 15Section 539. 968.32 of the statutes is renumbered 968.355 and amended to
16read:
AB383,168,20 17968.355 Forfeiture of contraband devices. Any electronic, mechanical, or
18other intercepting device used in violation of s. 968.31 968.345 (1) may be seized as
19contraband by any peace officer and forfeited to this state in an action by the
20department of justice under ch. 778.
AB383,540 21Section 540. 968.33 of the statutes is renumbered 968.365.
AB383,541 22Section 541 . 968.34 of the statutes is renumbered 968.376, and 968.376 (1)
23and (2), as renumbered, are amended to read:
AB383,169,3
1968.376 (1) Except as provided in this section, no person may install or use a
2pen register or a trap and trace device without first obtaining a court order under s.
3968.36 968.395 or 18 USC 3123 or 50 USC 1801 to 1811.
AB383,169,6 4(2) The prohibition of sub. (1) does not apply with respect to the use of a pen
5register or a trap and trace device by a provider of electronic or wire communication
6service if any of the following applies:
AB383,169,107 (a) Relating The use relates to the operation, maintenance, and testing of a wire
8or electronic communication service or to the protection of the rights or property of
9the provider, or to the protection of users of that service from abuse of service or
10unlawful use of service;.
AB383,169,1411 (b) To The use is to record the fact that a wire or electronic communication was
12initiated or completed in order to protect the provider, another provider furnishing
13service toward the completion of the wire communication, or a user of that service,
14from fraudulent, unlawful, or abusive use of service ; or.
AB383,169,1515 (c) Where the The consent of the user of that service has been obtained.
AB383,542 16Section 542. 968.35 of the statutes is renumbered 968.385, and 968.385 (1),
17as renumbered, is amended to read:
AB383,169,2218 968.385 (1) The attorney general or a district attorney may make application
19for an order or an extension of an order under s. 968.36 968.395 authorizing or
20approving the installation and use of a pen register or a trap and trace device, in
21writing under oath or equivalent affirmation, to a circuit court for the county where
22the device is to be located.
AB383,543 23Section 543. 968.36 of the statutes is renumbered 968.395, and 968.395 (1),
24(2) (e), (4) and (5), as renumbered, are amended to read:
AB383,170,5
1968.395 (1) Upon an application made under s. 968.35 968.385, the court shall
2enter an ex parte order authorizing the installation and use of a pen register or a trap
3and trace device within the jurisdiction of the court if the court finds that the
4applicant has certified to the court that the information likely to be obtained by the
5installation and use is relevant to an ongoing criminal investigation.
AB383,170,8 6(2) (e) Direct, upon the request of the applicant, the furnishing of information,
7facilities and technical assistance necessary to accomplish the installation of the pen
8register or trap and trace device under s. 968.37 968.405.
AB383,170,11 9(4) Extensions of the order may be granted, but only upon an application for
10an order under s. 968.35 968.385 and upon the judicial finding required by sub. (1).
11The period of extension shall be for a period not to exceed 60 days.
AB383,170,13 12(5) An order authorizing or approving the installation and use of a pen register
13or a trap and trace device shall direct that all of the following:
AB383,170,1414 (a) The That the order be sealed until otherwise ordered by the court; and.
AB383,170,1915 (b) The That the person owning or leasing the line to which the pen register or
16a trap and trace device is attached, or who has been ordered by the court to provide
17assistance to the applicant, not disclose the existence of the pen register or trap and
18trace device or the existence of the investigation to the listed subscriber, or to any
19other person, unless or until otherwise ordered by the court.
AB383,544 20Section 544. 968.37 of the statutes is renumbered 968.405, and 968.405 (1),
21(2), (3), (4) and (5), as renumbered, are amended to read:
AB383,171,522 968.405 (1) Upon the request of the attorney general, a district attorney, or an
23officer of a law enforcement agency authorized to install and use a pen register under
24ss. 968.28 968.315 to 968.37 968.405, a provider of wire or electronic communication
25service, landlord, custodian, or other person shall furnish the investigative or law

1enforcement officer forthwith all information, facilities , and technical assistance
2necessary to accomplish the installation of the pen register unobtrusively and with
3a minimum of interference with the services that the person so ordered by the court
4accords the party with respect to whom the installation and use is to take place, if
5the assistance is directed by a court order under s. 968.36 968.395 (5) (b).
AB383,171,18 6(2) Upon the request of the attorney general, a district attorney, or an officer
7of a law enforcement agency authorized to receive the results of a trap and trace
8device under ss. 968.28 968.315 to 968.37 968.405, a provider of a wire or electronic
9communication service, landlord, custodian, or other person shall install the device
10forthwith immediately on the appropriate line and shall furnish the investigative or
11law enforcement officer all additional information, facilities, and technical
12assistance including installation and operation of the device unobtrusively and with
13a minimum of interference with the services that the person so ordered by the court
14accords the party with respect to whom the installation and use is to take place, if
15the installation and assistance is directed by a court order under s. 968.36 968.395
16(5) (b). Unless otherwise ordered by the court, the results of the trap and trace device
17shall be furnished to the officer of a law enforcement agency, designated by the court,
18at reasonable intervals during regular business hours for the duration of the order.
AB383,171,22 19(3) A provider of a wire or electronic communication service, landlord,
20custodian, or other person who furnishes facilities or technical assistance under this
21section shall be reasonably compensated for the reasonable expenses incurred in
22providing the facilities and assistance.
AB383,172,2 23(4) No cause of action may lie in any court against any provider of a wire or
24electronic communication service, its officers, employees, or agents or other specified

1persons for providing information, facilities, or assistance in accordance with the
2terms of a court order under s. 968.36 968.395.
AB383,172,5 3(5) A good faith reliance on a court order, a legislative authorization, or a
4statutory authorization is a complete defense against any civil or criminal action
5brought under ss. 968.28 968.315 to 968.37 968.405.
AB383,545 6Section 545. 968.38 of the statutes is renumbered 968.725, and 968.725 (2)
7(intro.), (2m) (intro.), (3) (d), (4) (intro.) and (5) (intro.), as renumbered, are amended
8to read:
AB383,172,159 968.725 (2) (intro.) In a criminal action under s. 940.225, 948.02, 948.025,
10948.05, 948.06, 948.085, or 948.095, if all of the following apply, the district attorney
11shall apply to the circuit court for his or her county to order the defendant to submit
12to an HIV test and to a test or a series of tests to detect the presence of a sexually
13transmitted disease, each of which tests shall be administered by a health care
14professional, and to disclose the results of the test or tests as specified in sub. (4) (a)
15to (c):
AB383,172,20 16(2m) (intro.) In a criminal action under s. 946.43 (2m), the district attorney
17shall apply to the circuit court for his or her county for an order requiring the
18defendant to submit to a test or a series of tests administered by a health care
19professional to detect the presence of communicable diseases and to disclose the
20results of the test or tests as specified in sub. (5) (a) to (c), if all of the following apply:
AB383,172,23 21(3) (d) If the court has determined that the defendant is not competent to
22proceed under s. 971.14 (4) 975.34 and suspended the criminal proceedings, at any
23time after the determination that the defendant is not competent to proceed.
AB383,173,15 24(4) (intro.) The court shall set a time for a hearing on the matter under sub. (2)
25during the preliminary examination, if sub. (3) (a) applies; after the defendant is

1bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after
2conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3)
3(c) applies; or, subject to s. 971.13 975.30 (4), after the determination that the
4defendant is not competent, if sub. (3) (d) applies. The court shall give the district
5attorney and the defendant notice of the hearing at least 72 hours prior to the
6hearing. The defendant may have counsel at the hearing, and counsel may examine
7and cross-examine witnesses. If the court finds probable cause to believe that the
8victim or alleged victim has had contact with body fluid of the defendant that
9constitutes a significant exposure, the court shall order the defendant to submit to
10an HIV test and to a test or a series of tests to detect the presence of a sexually
11transmitted disease. The test shall be performed by a health care professional. The
12court shall require the health care professional who performs the test to disclose the
13test results to the defendant, to refrain from making the test results part of the
14defendant's permanent medical record, and to disclose the results of the test to any
15of the following:
AB383,174,10 16(5) (intro.) The court shall set a time for a hearing on the matter under sub. (2m)
17during the preliminary examination, if sub. (3) (a) applies; after the defendant is
18bound over for trial and before a verdict is rendered, if sub. (3) (b) applies; after
19conviction or a finding of not guilty by reason of mental disease or defect, if sub. (3)
20(c) applies; or, subject to s. 971.13 975.30 (4), after the determination that the
21defendant is not competent, if sub. (3) (d) applies. The court shall give the district
22attorney and the defendant notice of the hearing at least 72 hours prior to the
23hearing. The defendant may have counsel at the hearing, and counsel may examine
24and cross-examine witnesses. If the court finds probable cause to believe that the
25act or alleged act of the defendant that constitutes a violation of s. 946.43 (2m) carried

1a potential for transmitting a communicable disease to the victim or alleged victim
2and involved the defendant's blood, semen, vomit, saliva, urine or feces or other
3bodily substance of the defendant, the court shall order the defendant to submit to
4a test or a series of tests administered by a health care professional to detect the
5presence of any communicable disease that was potentially transmitted by the act
6or alleged act of the defendant. The court shall require the health care professional
7who performs the test to disclose the test results to the defendant. The court shall
8require the health care professional who performs the test to refrain from making the
9test results part of the defendant's permanent medical record and to disclose the
10results of the test to any of the following:
AB383,546 11Section 546. 968.40 (title) of the statutes is renumbered 968.155 (title) and
12amended to read:
AB383,174,13 13968.155 (title) Grand Convening a grand jury; duration.
AB383,547 14Section 547. 968.40 (1) of the statutes is renumbered 968.155 (1) and amended
15to read:
AB383,174,2016 968.155 (1) Selection of prospective grand jury list jurors. Any judge may,
17in writing, order the clerk of circuit court to select compile a grand jury list within
18a specified reasonable time. The clerk shall select from the prospective juror list for
19the county the names of not fewer than 75 35 nor more than 150 persons to constitute
20the prospective grand juror list. The list shall be kept secret.
AB383,548 21Section 548. 968.40 (3) of the statutes is renumbered 968.155 (2) and amended
22to read:
AB383,175,323 968.155 (2) Examination of prospective grand jurors. At the time set for
24When the prospective grand jurors to appear, the judge shall and the district
25attorney or other prosecuting officer may examine the prospective jurors them under

1oath or affirmation relative to their qualifications to serve as grand jurors and the.
2The
judge shall excuse those who are disqualified, and may excuse others for any
3reason which that seems proper to the judge.
AB383,549 4Section 549. 968.40 (4) of the statutes is renumbered 968.155 (3) and amended
5to read:
AB383,175,96 968.155 (3) Additional grand jurors. If, after such the examination described
7in sub. (2),
fewer than 17 grand jurors remain, additional prospective grand jurors
8shall be selected, summoned and examined until there are at least 17 qualified grand
9jurors on the grand jury.
AB383,550 10Section 550. 968.40 (6), (7) and (8) of the statutes are renumbered 968.155 (4),
11(5) and (6) and amended to read:
AB383,175,1512 968.155 (4) Time grand jurors to serve. Grand The judge may discharge the
13grand jury at any time. Otherwise, grand
jurors shall serve for a period of 31
14consecutive days unless more days are necessary to complete service in a particular
15proceeding. The judge may discharge the grand jury at any time.
AB383,175,17 16(5) Orders filed with clerk. All orders mentioned in under this section shall
17be filed with the clerk of court.
AB383,175,23 18(6) Intercounty racketeering and crime. When a grand jury is convened
19pursuant to under this section to investigate unlawful activity under s. 165.70, and
20such the activity involves more than one county, including the county where the
21petition for such grand jury is filed, then if the attorney general approves, all
22expenses of such proceeding shall be charged to the appropriation under s. 20.455 (1)
23(d).
AB383,551 24Section 551. 968.41 of the statutes is renumbered 968.165 and amended to
25read:
AB383,176,7
1968.165 Oath or affirmation of grand jurors. Grand jurors shall, before
2they begin performance of their duties, solemnly swear or affirm that they will
3diligently inquire as to all matters and things which that come before the grand jury;
4that they will keep all matters which that come before the grand jury secret; that they
5will indict no person for envy, hatred, or malice; that they will not leave any person
6unindicted for love, fear, favor, affection, or hope of reward; and that they will indict
7truly, according to the best of their understanding.
AB383,552 8Section 552. 968.42 of the statutes is renumbered 968.175 and amended to
9read:
AB383,176,12 10968.175 Presiding juror and clerk. The grand jury shall select from their
11number a presiding juror and a clerk. The clerk of the grand jury shall preserve the
12minutes of the proceedings before them the grand jury and all exhibits.
AB383,553 13Section 553. 968.43 of the statutes is renumbered 968.185 and amended to
14read:
AB383,176,18 15968.185 Reporter; oath; salary; assistant. (1) Every grand jury shall , when
16ordered by the judge ordering such the grand jury, employ one or more reporters to
17attend their its sessions and to make record and transcribe a verbatim record of all
18proceedings had before them it.
AB383,177,3 19(2) Before assuming the duties under this section, each reporter shall make
20and file an oath or affirmation faithfully to record and transcribe faithfully all of the
21proceedings before the grand jury and to keep secret the matters relative related to
22the proceedings. Each reporter shall be paid out of the county treasury of the county
23in which the service is rendered such a sum for compensation and expenses as shall
24be
audited and allowed as reasonable by the court ordering the grand jury. Each
25reporter may employ on his or her own account a person to transcribe the testimony

1and proceedings of the grand jury, but before entering upon the duties under this
2subsection, the person shall be required to make and file an oath or affirmation
3similar to that required of each reporter.
AB383,177,5 4(3) Any Except as provided in s. 968.295, any person who violates an oath or
5affirmation required by sub. (2) is guilty of a Class H felony.
AB383,554 6Section 554. 968.44 of the statutes is renumbered 968.195 and amended to
7read:
AB383,177,15 8968.195 Witnesses Oaths to witnesses. The presiding juror of every grand
9jury and the district attorney or other prosecuting officer who is before the grand jury
10may administer all oaths and affirmations in the manner prescribed by law to
11witnesses who appear before the grand jury for the purpose of testifying in any
12matter of which the witnesses have cognizance. At the request of the court, the
13presiding juror shall return to the court a list, under his or her hand, of all witnesses
14who are sworn before the grand jury. That list shall be filed by the clerk of circuit
15court.
AB383,555 16Section 555. 968.45 (title) of the statutes is renumbered 968.203 (title) and
17amended to read:
AB383,177,18 18968.203 (title) Witness rights Counsel for witnesses; transcripts.
AB383,556 19Section 556. 968.45 (1) of the statutes is renumbered 968.203 (1) (a) and
20amended to read:
AB383,177,2421 968.203 (1) (a) Any witness appearing before a grand jury may have counsel
22present, but the counsel shall not be allowed to examine his or her client,
23cross-examine other witnesses, or argue before the judge. Counsel may consult with
24his or her client while before a grand jury. If the prosecuting officer,
AB383,178,6
1(b) A district attorney, an attorney for a witness, or a grand juror who believes
2that a conflict of interest exists for an attorney or attorneys to represent more than
3one witness before a grand jury, the person so believing may make a motion before
4the presiding judge to disqualify the attorney from representing more than one
5witness before the grand jury. A The court shall hold a hearing shall be held upon
6notice with the burden upon on the moving party to establish the conflict.
AB383,557 7Section 557. 968.45 (2) of the statutes is renumbered 968.203 (2) and amended
8to read:
AB383,178,139 968.203 (2) No grand jury transcript may be made public until the trial of
10anyone a person indicted by the grand jury, and then only that portion of the
11transcript that is relevant and material to the case at hand may be made public. This
12subsection does not limit the defendant's rights to discovery under s. 971.23 971.43
13(2) (a)
.
AB383,558 14Section 558. Subchapter V (title) of chapter 968 [precedes 968.455] of the
15statutes is created to read:
AB383,178,1616 chapter 968
AB383,178,1817 subchapter V
18 search and seizure
AB383,559 19Section 559. 968.46 of the statutes is renumbered 968.215 and amended to
20read:
AB383,179,2 21968.215 Secrecy of motions. Notwithstanding s. 757.14, all motions,
22including but not limited to those for immunity or a privilege, brought by a
23prosecuting officer district attorney or witness appearing before a grand jury shall
24be made, heard, and decided in complete secrecy and not in open court if the

1prosecuting officer or witness person bringing the motion or exercising the immunity
2or privilege so requests.
AB383,560 3Section 560. Subchapter VI (title) of chapter 968 [precedes 968.465] of the
4statutes is created to read:
Loading...
Loading...