LRB-1930/1
BF:skg:jlb
1995 - 1996 LEGISLATURE
January 24, 1995 - Introduced by Senators Burke, Rosenzweig, Andrea, Breske,
Chvala, Moen and
Plewa, cosponsored by Representatives Huber, Dobyns,
Goetsch, Hahn, Hanson, Krusick, Ladwig, Lehman, Riley, Silbaugh,
Springer, Turner, Underheim and Ziegelbauer. Referred to Committee on
Judiciary.
SB35,1,2
1An Act to amend 968.29 (3) (b) of the statutes;
relating to: disclosure of the
2contents of recorded communications in court proceedings for felony offenses.
Analysis by the Legislative Reference Bureau
Under current law, a conversation or other oral, electronic or wire
communication may be lawfully recorded by a person acting under color of law when
one party to the communication consents to the recording. However, with one
exception, the contents of a recorded communication may be disclosed in a court
proceeding only if the disclosure is authorized under state or federal law. The
Wisconsin supreme court, in State ex rel. Arnold v. County Court, 51 Wis. 2d 434
(1971), found that these one-party consent recordings were lawful, but not
authorized, under state law. Thus, the state could not use the results of the
intercepted communications in the one-party consent situation in the case-in-chief
portion of a criminal prosecution. The exception specifically allows the introduction
of evidence in court proceedings regarding the results of a lawful recording of an
intercepted communication in this one-party consent situation if the proceeding
concerns a controlled substance (dangerous drug) felony or a felony involving
conspiracy or solicitation, and if the party who consented to the interception is
available to testify or a different witness or evidence is available to authenticate the
recording. This bill expands this exception to also cover homicides, attempts to
commit a homicide and attempts to commit a controlled substance felony.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB35, s. 1
3Section
1. 968.29 (3) (b) of the statutes is amended to read:
SB35,2,84
968.29
(3) (b) In addition to the disclosure provisions of par. (a), any person who
5has received, in the manner described under s. 968.31 (2) (b), any information
1concerning a wire, electronic or oral communication or evidence derived therefrom,
2may disclose the contents of that communication or that derivative evidence while
3giving testimony under oath or affirmation in any proceeding described in par. (a) in
4which a person is accused of any act constituting a felony under ch. 161 or s. 939.30
5or, 939.31
, 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09 or 940.10,
6or any attempt to commit any of the felonies listed in this paragraph, and only if the
7party who consented to the interception is available to testify at the proceeding or
8if another witness is available to authenticate the recording.
SB35,2,11
10(1) This act first applies to communications occurring on the effective date of
11this subsection.
