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2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 584
November 20, 2003 - Offered by Representative Schneider.
AB584-ASA1,1,5
1An Act to renumber 910.01 (1) and 910.01 (4);
to renumber and amend 910.01
2(2);
to amend 802.05 (1) (c) and subchapter III, (title) of chapter 946 [precedes
3946.31]; and
to create 910.01 (1g), 910.025 and 946.33 of the statutes;
relating
4to: admissibility of digitally produced photograph, film, motion picture, audio,
5or video.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB584-ASA1,1,107
802.05
(1) (c) The requirement of a handwritten signature subscribing
8pleadings, motions or other papers filed in court may be satisfied by a duplicate, as
9defined in s. 910.01
(4) (2m), if a handwritten signature appears on the original
10document and the signing party or his or her attorney retains the original document.
AB584-ASA1, s. 2
11Section
2. 910.01 (1) of the statutes is renumbered 910.01 (5m).
AB584-ASA1,2,3
1910.01
(1g) Digital representation. "Digital representation" means any
2recording or image of a person, place, document, sound, or event that is created or
3stored by data in the form of numerical digits.
AB584-ASA1, s. 4
4Section
4. 910.01 (2) of the statutes is renumbered 910.01 (4m) and amended
5to read:
AB584-ASA1,2,76
910.01
(4m) Photographs. "Photographs" include still photographs, X-ray
7films,
and motion pictures
, and digital representations.
AB584-ASA1, s. 5
8Section
5. 910.01 (4) of the statutes is renumbered 910.01 (2m).
AB584-ASA1,2,16
10910.025 Inadmissibility of a digital representation. In any action or
11proceeding, except an action under s. 948.05 or 948.12, a digital representation in the
12form of a photograph, film, motion picture, audio, or video is not admissible for
13purposes of proving the content of that digital representation unless that digital
14representation is in a format that includes information that cannot be identified or
15manipulated and that shows that the digital representation has not been altered
16from its original representation.
AB584-ASA1, s. 7
17Section
7. Subchapter III, (title) of chapter 946 [precedes 946.31] of the
18statutes is amended to read:
AB584-ASA1,2,2020
subchapter iii
AB584-ASA1,2,2221
Perjury
, Digital alteration,
22and false swearing
AB584-ASA1,3,3
1946.33 Alteration of a digital representation. (1) In this section, "digital
2representation" means any recording or image of a person, place, document, sound,
3or event that is created or stored by data in the form of numerical digits.
AB584-ASA1,3,7
4(2) Whoever admits into evidence a digital representation for the purpose of
5proving the content of that digital representation knowing that the digital
6representation has been altered from its original representation is guilty of a Class
7A misdemeanor.
AB584-ASA1,3,109
(1) This act first applies to actions commenced on the effective date of this
10subsection.