LRB-4396/1
MLJ:emw&kjf
2017 - 2018 LEGISLATURE
November 10, 2017 - Introduced by Representatives Kleefisch, Ballweg,
Sanfelippo, Anderson, Billings, E. Brooks, Brandtjen, Fields, Horlacher,
Hutton, Jacque, Kulp, Mursau, Petryk, Ripp, Rohrkaste, Skowronski,
Steffen, Thiesfeldt and Tittl, cosponsored by Senators Wanggaard, Olsen,
Johnson, Marklein and Cowles. Referred to Committee on Criminal Justice
and Public Safety.
AB634,1,6 1An Act to renumber 165.505 (1) (a) and 165.505 (1) (b); to renumber and
2amend
165.505 (2), 165.505 (3), 165.505 (4) and 165.505 (5); to amend 165.505
3(title), 165.505 (1) (intro.), 165.505 (6), 165.505 (7) (intro.) and 165.505 (8); and
4to create 165.505 (1) (ag), 165.505 (1) (am) and 165.505 (3j) of the statutes;
5relating to: administrative subpoenas for the investigation of human
6trafficking crimes and Internet crimes against children.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Justice may issue administrative
subpoenas to providers of electronic communication or remote computing services to
aid in the investigation of Internet crimes against children. This bill expands the
administrative subpoena process to include hotels as possible recipients of
administrative subpoenas, and to include human trafficking crimes as violations for
which an administrative subpoena may be issued.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB634,1 7Section 1. 165.505 (title) of the statutes is amended to read:
AB634,2,2
1165.505 (title) Internet crimes against children and human trafficking;
2administrative subpoena.
AB634,2 3Section 2. 165.505 (1) (intro.) of the statutes is amended to read:
AB634,2,44 165.505 (1) (intro.) In this section, :
AB634,2,6 5(bg) “Internet crime against a child" means the commission of, or the
6solicitation, conspiracy, or attempt to commit, any of the following:
AB634,3 7Section 3. 165.505 (1) (a) of the statutes is renumbered 165.505 (1) (bg) 1.
AB634,4 8Section 4. 165.505 (1) (ag) of the statutes is created to read:
AB634,2,99 165.505 (1) (ag) “Hotel” has the meaning given in s. 97.01 (7).
AB634,5 10Section 5. 165.505 (1) (am) of the statutes is created to read:
AB634,2,1211 165.505 (1) (am) “Human trafficking crime” means the commission of, or the
12solicitation, conspiracy, or attempt to commit a violation of s. 940.302 or 948.051.
AB634,6 13Section 6. 165.505 (1) (b) of the statutes is renumbered 165.505 (1) (bg) 2.
AB634,7 14Section 7. 165.505 (2) of the statutes is renumbered 165.505 (2) (am), and
15165.505 (2) (am) (intro.) and 1., as renumbered, are amended to read:
AB634,2,2016 165.505 (2) (am) (intro.) The attorney general or his or her designee may issue
17and cause to be served a subpoena, in substantially the form authorized under s.
18885.02, upon a provider of an electronic communication service or a remote
19computing service to compel the production of any of the items listed in sub. (4) par.
20(c)
if all of the following apply:
AB634,2,2221 1. The information likely to be obtained is relevant to an ongoing investigation
22of a human trafficking crime or an Internet crime against a child.
AB634,8 23Section 8. 165.505 (3) of the statutes is renumbered 165.505 (2) (bm) and
24amended to read:
AB634,3,5
1165.505 (2) (bm) The attorney general or his or her designee issuing a subpoena
2under sub. (2) par. (am) shall ensure that the subpoena describes each record or other
3information pertaining to a customer or subscriber of the service to be produced and
4prescribes a reasonable return date by which the person served with the subpoena
5must assemble each record or other information and make them available.
AB634,9 6Section 9. 165.505 (3j) of the statutes is created to read:
AB634,3,107 165.505 (3j) (a) The attorney general or his or her designee may issue and cause
8to be served a subpoena, in substantially the form authorized under s. 885.02, upon
9a hotel to compel the production of any of the items listed in par. (c) if all of the
10following apply:
AB634,3,1211 1. The information likely to be obtained is relevant to an ongoing investigation
12of a human trafficking crime or an Internet crime against a child.
AB634,3,1413 2. The attorney general or his or her designee has reasonable cause to believe
14that a room provided by a hotel has been used in the crime.
AB634,3,1915 (b) The attorney general or his or her designee issuing a subpoena under par.
16(a) shall ensure that the subpoena describes each record or other information
17pertaining to a customer of the room to be produced and prescribes a reasonable
18return date by which the person served with the subpoena must assemble each
19record or other information and make them available.
AB634,3,2120 (c) A person who is duly served a subpoena issued under par. (a) shall, if
21requested, provide the following information about the customer:
AB634,3,2222 1. Name.
AB634,3,2323 2. Address and telephone number of record.
AB634,3,2524 3. Duration, including the start date and end date, of the assignment of any
25room to the customer.
AB634,4,4
1(d) A person served with a subpoena under par. (a) may, before the return date
2indicated under par. (b), petition a circuit court in the county where the subpoena was
3issued for an order to modify or quash the subpoena or to prohibit disclosure of
4information by the court.
AB634,10 5Section 10. 165.505 (4) of the statutes is renumbered 165.505 (2) (c), and
6165.505 (2) (c) (intro.), as renumbered, is amended to read:
AB634,4,97 165.505 (2) (c) (intro.) A person who is duly served a subpoena issued under
8sub. (2) par. (am) shall, if requested, provide the following information about the
9customer or subscriber:
AB634,11 10Section 11. 165.505 (5) of the statutes is renumbered 165.505 (2) (d) and
11amended to read:
AB634,4,1512 165.505 (2) (d) A person served with a subpoena under sub. (2) par. (am) may,
13before the return date indicated under sub. (3) par. (bm), petition a circuit court in
14the county where the subpoena was issued for an order to modify or quash the
15subpoena or to prohibit disclosure of information by the court.
AB634,12 16Section 12. 165.505 (6) of the statutes is amended to read:
AB634,4,2117 165.505 (6) If the investigation into a human trafficking crime or an Internet
18crime against a child specified under sub. (2) (am) or (3j) (a) does not result in a
19prosecution or other proceeding against a person, the attorney general or his or her
20designee shall either destroy, or return to the person who produced, the records and
21information requested by the subpoena.
AB634,13 22Section 13. 165.505 (7) (intro.) of the statutes is amended to read:
AB634,5,723 165.505 (7) (intro.) The attorney general or his or her designee may order a
24provider of an electronic communication service or remote computing service or a
25hotel
not to notify or disclose the existence of the subpoena to the customer or

1subscriber or any other person, except an attorney for the purpose of obtaining legal
2advice or a circuit court, for a period of 90 days after the provider or hotel produces
3the requested records and information or files a petition under sub. (5) (2) (d) or (3j)
4(d)
if the attorney general or his or her designee has reason to believe that the victim
5of the human trafficking crime or Internet crime against a child investigated under
6sub. (2) (am) or (3j) (a) is under 18 years of age, and that notification or disclosure
7of the existence of the subpoena will do any of the following:
AB634,14 8Section 14. 165.505 (8) of the statutes is amended to read:
AB634,5,139 165.505 (8) Records and information produced in response to a subpoena
10issued under sub. (2) (am) or (3j) (a) are not subject to inspection or copying under
11s. 19.35 (1), except that the attorney general or his or her designee may, upon request,
12disclose the records and information to another law enforcement agency , Internet
13crimes against children task force,
or a district attorney.
AB634,5,1414 (End)
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