SB642: Bill Text

LRB-4288/1

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2013 - 2014 LEGISLATURE

2013 Senate BILL 642

February 28, 2014 - Introduced by Law Revision Committee. Referred to Committee on Judiciary and Labor.

SB642,1,3 An Act to amend 968.27 (12) of the statutes; relating to: the definition of an oral communication for purposes of authorizing or prohibiting an interception of an oral communication.

Analysis by the Legislative Reference Bureau

Current law generally prohibits a person from aurally recording or otherwise using a device to intercept another person's (speaker's) oral communications unless a court has authorized the interception or unless the person is a party to the communication or the speaker or another party to the communication has given permission for the interception. Current law defines "oral communication" in part as any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation.

In State v. Duchow, 2008 WI 57, 310 Wis. 2d 1, 749 N.W.2d 913, 05-2175, the Wisconsin Supreme Court held that the definition of "oral communication" incorporates a reasonable expectation of privacy, and that, absent a reasonable expectation of privacy, a person is not prohibited from aurally recording or otherwise using a device to intercept a speaker's oral communication.

This bill redefines "oral communication" as one uttered by a person who has a reasonable expectation the communication is private or who is exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB642,1 Section 1. 968.27 (12) of the statutes is amended to read:

SB642,2,6 968.27 (12) "Oral communication" means any oral communication uttered by a person who has a reasonable expectation that the communication is private or who is exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation. "Oral communication" does not include any electronic communication.

SB642,2,7 (End)