Amendment ASA1-AB584

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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 An Act to renumber 910.01 (1) and 910.01 (4); to renumber and amend 910.01 (2); to amend 802.05 (1) (c) and subchapter III, (title) of chapter 946 [precedes 946.31]; and to create 910.01 (1g), 910.025 and 946.33 of the statutes; relating to: admissibility of digitally produced photograph, film, motion picture, audio, or video.

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

AB584-ASA1, s. 1 Section 1. 802.05 (1) (c) of the statutes is amended to read:

AB584-ASA1,1,10 802.05 (1) (c) The requirement of a handwritten signature subscribing pleadings, motions or other papers filed in court may be satisfied by a duplicate, as defined in s. 910.01 (4) (2m), if a handwritten signature appears on the original document and the signing party or his or her attorney retains the original document.

AB584-ASA1, s. 2 Section 2. 910.01 (1) of the statutes is renumbered 910.01 (5m).

AB584-ASA1, s. 3 Section 3. 910.01 (1g) of the statutes is created to read:

AB584-ASA1,2,3 910.01 (1g) Digital representation. "Digital representation" means any recording or image of a person, place, document, sound, or event that is created or stored by data in the form of numerical digits.

AB584-ASA1, s. 4 Section 4. 910.01 (2) of the statutes is renumbered 910.01 (4m) and amended to read:

AB584-ASA1,2,7 910.01 (4m) Photographs. "Photographs" include still photographs, X-ray films, and motion pictures, and digital representations.

AB584-ASA1, s. 5 Section 5. 910.01 (4) of the statutes is renumbered 910.01 (2m).

AB584-ASA1, s. 6 Section 6. 910.025 of the statutes is created to read:

AB584-ASA1,2,16 910.025 Inadmissibility of a digital representation. In any action or proceeding, except an action under s. 948.05 or 948.12, a digital representation in the form of a photograph, film, motion picture, audio, or video is not admissible for purposes of proving the content of that digital representation unless that digital representation is in a format that includes information that cannot be identified or manipulated and that shows that the digital representation has not been altered from its original representation.

AB584-ASA1, s. 7 Section 7. Subchapter III, (title) of chapter 946 [precedes 946.31] of the statutes is amended to read:

AB584-ASA1,2,19 chapter 946

AB584-ASA1,2,20 subchapter iii

AB584-ASA1,2,22 Perjury, Digital alteration, and false swearing

AB584-ASA1, s. 8 Section 8. 946.33 of the statutes is created to read:

AB584-ASA1,3,3 946.33 Alteration of a digital representation. (1) In this section, "digital representation" means any recording or image of a person, place, document, sound, or event that is created or stored by data in the form of numerical digits.

AB584-ASA1,3,7 (2) Whoever admits into evidence a digital representation for the purpose of proving the content of that digital representation knowing that the digital representation has been altered from its original representation is guilty of a Class A misdemeanor.

AB584-ASA1, s. 9 Section 9. Initial applicability.

AB584-ASA1,3,10 (1) This act first applies to actions commenced on the effective date of this subsection.

AB584-ASA1,3,11 (End)