Amendment SSA1-SB82

SB82-SSA1,132,12 (a) Is The person is serving a sentence, pursuant to a conviction, in a jail, state prison, or house of correction.

SB82-SSA1,132,15 (b) Is The person is placed in or transferred to a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g).

SB82-SSA1,132,17 (c) Is The person is committed, transferred, or admitted under ch. 51, 971 or 975.

SB82-SSA1,132,18 (d) Is The person is confined as a condition of probation under s. 973.09 (4).

SB82-SSA1,479 Section 479. 968.256 of the statutes is renumbered 968.59 and amended to read:

SB82-SSA1,132,24 968.59 Search of physically disabled person persons with a physical disability. (1) In this section, " physically disabled "person with a physical disability" means a person who requires an assistive device for mobility, including, but not limited to, a wheelchair, brace, crutch, or artificial limb.

SB82-SSA1,133,6 (2) A search of a physically disabled person with a physical disability shall be conducted in a careful manner. If a search of a physically disabled person with a physical disability requires the removal of an assistive device or involves a person lacking sensation in some portion of his or her body, the search shall be conducted with extreme care by a person who has had training in handling physically disabled persons with a physical disability.

SB82-SSA1,480 Section 480. 968.26 of the statutes, as affected by 2015 Wisconsin Act 64, is renumbered 968.105, and 968.105 (3) (d) and (4) (c), as renumbered, are amended to read:

SB82-SSA1,133,13 968.105 (3) (d) A court, on the motion of a district attorney, may compel a person to testify or produce evidence under s. 972.08 967.17 (1). The person is immune from prosecution as provided in s. 972.08 967.17 (1), subject to the restrictions under s. 972.085 967.18.

SB82-SSA1,133,17 (4) (c) If a criminal complaint is filed following a proceeding in which the judge entered a secrecy order, the order is terminated at the initial appearance and s. 971.23 971.43 governs disclosure of information from a proceeding under this section.

SB82-SSA1,481 Section 481. 968.265 of the statutes is renumbered 968.595.

SB82-SSA1,482 Section 482. 968.27 (intro.) of the statutes is renumbered 968.305 (intro.) and amended to read:

SB82-SSA1,133,21 968.305 Definitions. (intro.) In ss. 968.28 to 968.375 this subchapter:

SB82-SSA1,483 Section 483. 968.27 (1) of the statutes is renumbered 968.305 (1) and amended to read:

SB82-SSA1,134,3 968.305 (1) "Aggrieved person" means a person who was a party to any intercepted wire, electronic, or oral communication or a person against whom the interception was directed.

SB82-SSA1,484 Section 484. 968.27 (2) of the statutes is renumbered 968.305 (2).

SB82-SSA1,485 Section 485. 968.27 (3) of the statutes is renumbered 968.305 (3) and amended to read:

SB82-SSA1,134,9 968.305 (3) "Contents" when used with respect to any wire, electronic, or oral communication, includes any information concerning the substance, purport, or meaning of that communication.

SB82-SSA1,486 Section 486. 968.27 (4) of the statutes is renumbered 968.305 (4), and 968.305 (4) (intro.), as renumbered, is amended to read:

SB82-SSA1,134,16 968.305 (4) (intro.) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature wholly or partially transmitted by a wire, radio, electromagnetic, photoelectronic , or photooptical system. "Electronic communication" does not include any of the following:

SB82-SSA1,487 Section 487. 968.27 (5) of the statutes is renumbered 968.305 (5).

SB82-SSA1,488 Section 488. 968.27 (6) of the statutes is renumbered 968.305 (6) and amended to read:

SB82-SSA1,134,23 968.305 (6) "Electronic communications system" means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of electronic communications, and any computer facilities or related electronic equipment for the electronic storage of those communications.

SB82-SSA1,489 Section 489. 968.27 (7) of the statutes is renumbered 968.305 (7), and 968.305 (7) (intro.) and (a) (intro.) and 1., as renumbered, are amended to read:

SB82-SSA1,135,3 968.305 (7) (intro.) "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire, electronic, or oral communication other than one of the following:

SB82-SSA1,135,6 (a) (intro.) Any telephone or telegraph instrument, equipment, or facilities, or any component thereof, which is of a telephone or telegraph instrument, equipment, or facilities, that is any of the following:

SB82-SSA1,135,11 1. Furnished to the subscriber or user by a provider of electronic or wire communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of the service and used in the ordinary course of its business; or.

SB82-SSA1,490 Section 490. 968.27 (8) of the statutes is renumbered 968.305 (8).

SB82-SSA1,491 Section 491. 968.27 (9) of the statutes is renumbered 968.305 (9) and amended to read:

SB82-SSA1,135,17 968.305 (9) "Intercept" means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.

SB82-SSA1,492 Section 492. 968.27 (10) of the statutes is renumbered 968.305 (10).

SB82-SSA1,493 Section 493. 968.27 (11) of the statutes is renumbered 968.305 (11) and amended to read:

SB82-SSA1,135,22 968.305 (11) "Judge" means the judge sitting at the time an application is made under s. 968.30 968.335 or his or her successor.

SB82-SSA1,494 Section 494. 968.27 (12) and (13) of the statutes are renumbered 968.305 (12) and (13).

SB82-SSA1,495 Section 495. 968.27 (14) of the statutes is renumbered 968.305 (14).

SB82-SSA1,496 Section 496. 968.27 (14g) of the statutes is renumbered 968.305 (14g).

SB82-SSA1,497 Section 497. 968.27 (15) of the statutes is renumbered 968.305 (15).

SB82-SSA1,498 Section 498. 968.27 (16) (intro.), (a) and (b) of the statutes are consolidated, renumbered 968.305 (16) and amended to read:

SB82-SSA1,136,7 968.305 (16) "User" means any person who or entity that: (a) Uses uses an electronic communication service; and (b) Is duly is authorized by the provider of the service to engage in that use.

SB82-SSA1,499 Section 499. 968.27 (17) of the statutes is renumbered 968.305 (17).

SB82-SSA1,500 Section 500. 968.28 of the statutes is renumbered 968.315 and amended to read:

SB82-SSA1,137,2 968.315 Application for court order to intercept communications. The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the county where the interception is to take place for an order authorizing or approving the interception of wire, electronic, or oral communications. The chief judge may under s. 968.30 968.335 grant an order authorizing or approving the interception of wire, electronic, or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense for which the application is made. The authorization shall be permitted only if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion, dealing in controlled substances or controlled substance analogs, a computer crime that is a felony under s. 943.70, sexual exploitation of a child under s. 948.05, trafficking of a child under s. 948.051, child enticement under s. 948.07, use of a computer to facilitate a child sex crime under s. 948.075, or soliciting a child for prostitution under s. 948.08, or any conspiracy to commit any of the foregoing offenses.

SB82-SSA1,501 Section 501. 968.29 of the statutes is renumbered 968.325 and amended to read:

SB82-SSA1,137,12 968.325 Authorization for disclosure and use of intercepted wire, electronic, or oral communications. (1) Any investigative or law enforcement officer who, by any means authorized by ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520, has obtained knowledge of the contents of any wire, electronic, or oral communication, or evidence derived therefrom, may disclose the contents to another investigative or law enforcement officer only to the extent that the disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

SB82-SSA1,137,17 (2) Any investigative or law enforcement officer who, by any means authorized by ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520, has obtained knowledge of the contents of any wire, electronic, or oral communication or evidence derived therefrom may use the contents only to the extent the use is appropriate to the proper performance of the officer's official duties.

SB82-SSA1,137,25 (3) (a) Any person who has received, by any means authorized by ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520 or by a like statute of any other state, any information concerning a wire, electronic, or oral communication or evidence derived therefrom intercepted in accordance with ss. 968.28 968.315 to 968.37 968.405, may disclose the contents of that communication or that derivative evidence only while giving testimony under oath or affirmation in any proceeding in any court or before any magistrate or grand jury in this state, or in any court of the United States or of any state, or in any federal or state grand jury proceeding.

SB82-SSA1,138,8 (b) In addition to the disclosure provisions of par. (a), any person who has received, in the manner described under s. 968.31 968.345 (2) (b), any information concerning a wire, electronic, or oral communication or evidence derived therefrom, may disclose the contents of that communication or that derivative evidence while giving testimony under oath or affirmation in any proceeding described in par. (a) in which a person is accused of any act constituting a felony, and only if the party who consented to the interception is available to testify at the proceeding or if another witness is available to authenticate the recording.

SB82-SSA1,138,11 (4) No otherwise privileged wire, electronic, or oral communication intercepted in accordance with, or in violation of, ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520, may lose its privileged character.

SB82-SSA1,138,21 (5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic, or oral communications in the manner authorized, intercepts wire, electronic, or oral communications relating to offenses other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subs. (1) and (2). The contents and any evidence derived therefrom may be used under sub. (3) when authorized or approved by the judge who acted on the original application where the judge finds on subsequent application, made as soon as practicable but no later than 48 hours, that the contents were otherwise intercepted in accordance with ss. 968.28 968.315 to 968.37 968.405 or 18 USC 2510 to 2520 or by a like statute.

SB82-SSA1,502 Section 502. 968.30 of the statutes is renumbered 968.335, and 968.335 (title), (1) (intro.), (b) (intro.), 1., 2. and 3. and (e), (3) (intro.), (a) and (d), (4) (intro.), (a), (b), (c) and (d), (5), (6), (7) (a) and (b), (8), (9) and (10), as renumbered, are amended to read:

SB82-SSA1,139,6 968.335 (title) Procedure for interception of wire, electronic, or oral communications. (1) (intro.) Each application for an order authorizing or approving the interception of a wire, electronic, or oral communication shall be made in writing upon oath or affirmation to the court and shall state the applicant's authority to make the application and may be upon personal knowledge or information and belief. Each application shall include the following information:

SB82-SSA1,139,9 (b) (intro.) A full and complete statement of the facts and circumstances relied upon by the applicant, to justify the applicant's belief that an order should be issued, including all of the following:

SB82-SSA1,139,11 1. Details of the particular offense that has been, is being, or is about to be committed;.

SB82-SSA1,139,13 2. A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;.

SB82-SSA1,139,15 3. A particular description of the type of communications sought to be intercepted; and.

SB82-SSA1,139,21 (e) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any court for authorization to intercept, or for approval of interceptions of, wire, electronic, or oral communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the court on each such application; and.

SB82-SSA1,139,25 (3) (intro.) Upon the application the court may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, electronic, or oral communications, if the court determines on the basis of the facts submitted by the applicant that all of the following exist:

SB82-SSA1,140,3 (a) There is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offense enumerated in s. 968.28 968.315.

SB82-SSA1,140,7 (d) There is probable cause for belief that the facilities from which, or the place where, the wire, electronic, or oral communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by the person.

SB82-SSA1,140,9 (4) (intro.) Each order authorizing or approving the interception of any wire, electronic, or oral communication shall specify all of the following:

SB82-SSA1,140,11 (a) The identity of the person, if known, whose communications are to be intercepted;.

SB82-SSA1,140,14 (b) The nature and location of the communications facilities which, or the place where authority to intercept is granted and the means by which such interceptions shall be made;.

SB82-SSA1,140,16 (c) A particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates;.

SB82-SSA1,140,18 (d) The identity of the agency authorized to intercept the communications and of the person authorizing the application; and.

SB82-SSA1,141,11 (5) No order entered under this section may authorize or approve the interception of any wire, electronic, or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than 30 days. The 30-day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or 10 days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with sub. (1) and the court making the findings required by sub. (3). The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event be for longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in 30 days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after the interception.

SB82-SSA1,141,16 (6) Whenever an order authorizing interception is entered pursuant to ss. 968.28 968.315 to 968.33 968.365, the order may require reports to be made to the court which issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the court requires.

SB82-SSA1,142,8 (7) (a) The contents of any wire, electronic, or oral communication intercepted by any means authorized by ss. 968.28 968.315 to 968.37 968.405 shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic, or oral communication under this subsection shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order or extensions thereof all such recordings and records of an intercepted wire, electronic, or oral communication shall be filed with the court issuing the order and the court shall order the same to be sealed. Custody of the recordings and records shall be wherever the judge handling the application shall order. They shall not be destroyed except upon an order of the issuing or denying judge and in any event shall be properly kept and preserved for 10 years. Duplicate recordings and other records may be made for use or disclosure pursuant to the provisions for investigations under s. 968.29 968.325 (1) and (2). The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic, or oral communication or evidence derived therefrom under s. 968.29 968.325 (3).

SB82-SSA1,142,15 (b) Applications made and orders granted under ss. 968.28 968.315 to 968.33 968.365 together with all other papers and records in connection therewith shall be ordered sealed by the court. Custody of the applications, orders , and other papers and records shall be wherever the judge shall order. Such applications and orders shall be disclosed only upon a showing of good cause before the judge and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for 10 years.

SB82-SSA1,142,24 (8) The contents of any intercepted wire, electronic , or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This 10-day period may be waived by the judge if he or she finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.

SB82-SSA1,143,17 (9) (a) Any aggrieved person in any trial, hearing, or proceeding in or before any court, department, officer, agency, regulatory body, or other authority of this state, or a political subdivision thereof, may move before the trial court or the court granting the original warrant to suppress the contents of any intercepted wire, electronic, or oral communication, or evidence derived therefrom, on the grounds that the communication was unlawfully intercepted; the order of authorization or approval under which it was intercepted is insufficient on its face; or the interception was not made in conformity with the order of authorization or approval. The motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic, or oral communication, or evidence derived therefrom, shall be treated as having been obtained in violation of ss. 968.28 968.315 to 968.37 968.405. The judge may, upon the filing of the motion by the aggrieved person, make available to the aggrieved person or his or her counsel for inspection such portions of the intercepted communication or evidence derived therefrom as the judge determines to be in the interest of justice.

SB82-SSA1,143,19 (b) In addition to any other right to appeal, the state shall have the right to appeal from any of the following:

SB82-SSA1,143,24 1. From an An order granting a motion to suppress made under par. (a) if the attorney general or district attorney certifies to the judge or other official granting such motion that the appeal is not entered for purposes of delay and shall be diligently prosecuted as in the case of other interlocutory appeals or under such rules as the supreme court adopts; or.

SB82-SSA1,144,4 2. From an An order denying an application for an order of authorization or approval, and such an appeal shall be ex parte and shall be in camera in preference to all other pending appeals in accordance with rules promulgated by the supreme court.

SB82-SSA1,144,7 (10) Nothing in ss. 968.28 968.315 to 968.375 968.405 shall be construed to allow the interception of any wire, electronic, or oral communication between an attorney and a client.

SB82-SSA1,503 Section 503. Subchapter IV (title) of chapter 968 [precedes 968.305] of the statutes is created to read:

SB82-SSA1,144,10 chapter 968

SB82-SSA1,144,13 subchapter IV Interception of electronic communication

SB82-SSA1,504 Section 504. 968.31 of the statutes is renumbered 968.345, and 968.345 (title), (1), (2) (intro.), (a), (b), (c), (e), (f), (i) and (j), (2m) (intro.), (a) and (b) and (3), as renumbered, are amended to read:

SB82-SSA1,144,20 968.345 (title) Interception and disclosure of wire, electronic, or oral communications prohibited. (1) Except as otherwise specifically provided in ss. 196.63 or 968.28 968.315 to 968.30 968.335, whoever commits any of the following acts enumerated in this section is guilty of a Class H felony:

SB82-SSA1,144,22 (a) Intentionally intercepts, attempts to intercept, or procures any other person to intercept or attempt to intercept, any wire, electronic, or oral communication.

SB82-SSA1,144,25 (b) Intentionally uses, attempts to use, or procures any other person to use or attempt to use any electronic, mechanical, or other device to intercept any oral communication.

SB82-SSA1,145,5 (c) Discloses, or attempts to disclose, to any other person the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic , or oral communication in violation of this section subsection or under circumstances constituting violation of this section subsection.

SB82-SSA1,145,10 (d) Uses, or attempts to use, the contents of any wire, electronic , or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic, or oral communication in violation of this section subsection or under circumstances constituting violation of this section subsection.

SB82-SSA1,145,13 (e) Intentionally discloses the contents of any oral, electronic , or wire communication obtained by authority of ss. 968.28, 968.29 968.315, 968.325, and 968.30 968.335, except as therein provided.

SB82-SSA1,145,15 (f) Intentionally alters any wire, electronic, or oral communication intercepted on tape, wire, or other device.

SB82-SSA1,145,16 (2) (intro.) It is not unlawful under ss. 968.28 968.315 to 968.37 968.405:

SB82-SSA1,145,25 (a) For an operator of a switchboard, or an officer, employee, or agent of any provider of a wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication to intercept, disclose, or use that communication in the normal course of his or her employment while engaged in any activity which is a necessary incident to the rendition of his or her service or to the protection of the rights or property of the provider of that service, except that a provider of a wire or electronic communication service shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

SB82-SSA1,146,3 (b) For a person acting under color of law to intercept a wire, electronic, or oral communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to the interception.

SB82-SSA1,146,9 (c) For a person not acting under color of law to intercept a wire, electronic, or oral communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or of any state or for the purpose of committing any other injurious act.