SB363: Bill Text

SB363,39,21 (c) Whoever uses a weapon of mass destruction is guilty of a Class A felony.

SB363,40,2 (4) Facsimile devices or substances. Whoever, with intent to alarm, intimidate, threaten, terrify, or harass another, manufactures, possesses, transfers, transports, delivers, distributes, displays, or deploys a facsimile device or substance is guilty of a Class D felony if another reasonably believes that the facsimile device or substance is real.

SB363,40,6 (5) Threats. (a) Whoever knowing the threat to be false makes or communicates a threat to use or attempt to use an explosive, a destructive device, or a weapon of mass destruction, if another reasonably believes the threat to be true, is guilty of a Class E felony.

SB363,40,8 (b) Whoever violates par. (a) under any of the following circumstances is guilty of a Class D felony:

SB363,40,11 1. With intent to cause an evacuation or to prevent occupation of a site, or with reckless disregard of the risk of causing an evacuation or preventing occupation of a site is guilty of a Class D felony.

SB363,40,13 2. With intent to cause serious public inconvenience or with reckless disregard of the risk of causing serious public inconvenience.

SB363,40,17 3. With intent to cause an interruption or impairment of governmental operations or public communication, of transportation, or a supply of water, gas, or other public service, or with reckless disregard of the risk of causing such an interruption or impairment.

SB363,40,22 (c) Whoever makes or communicates a threat to use a weapon of mass destruction to kill or sicken livestock or a crop owned by another without the consent of the owner or to damage public natural resources including public parkland, surface water, groundwater, or wildlife, if another reasonably believes the threat to be true, is guilty of a Class B felony.

SB363,40,24 (6) Exceptions for certain persons. Subsections (2) and (3) do not apply to the following persons:

SB363,41,5 (a) Persons licensed under federal or state law to import, manufacture, or deal in explosives, destructive devices, or detonators, persons granted permits under federal or state law to use explosives, destructive devices, or detonators, or persons authorized under federal or state law to transport explosives, destructive devices, or detonators in commerce with respect to the activity that is authorized.

SB363,41,8 (b) Members of the U.S. armed forces, the national guard, or a reserve component of the U.S. armed forces, while on active duty or in training, who are authorized to use explosives, destructive devices, or detonators.

SB363,41,10 (c) Law enforcement officers or fire fighters, while on active duty or in training, who are authorized to use explosives, destructive devices, or detonators.

SB363,41,15 (d) Persons conducting research or education concerning explosives, destructive devices, detonators, or weapons of mass destruction on behalf of a university, college, technical college, or secondary school, if the research or education is authorized by the university, college, technical college, or secondary school and is not otherwise prohibited by law.

SB363,41,18 (7) Exceptions for certain acts. Subsections (2) and (3) do not apply to the manufacture, purchase, sale, offer to sell, transfer, distribution, or possession of the following:

SB363,41,21 (a) Fireworks, as defined in s. 167.10 (1), by persons authorized under s. 167.10 to manufacture, sell, transport, use, or possess fireworks except if the firework is used as a component of a destructive device or a weapon of mass destruction.

SB363,41,23 (b) Pesticides approved for use under federal law or fertilizer, if the pesticides or fertilizer are intended to be used for agricultural purposes.

SB363,41,25 (c) Ammunition for firearms or components for ammunition for firearms that are designed to shoot no more than one shot without manual reloading.

SB363,42,2 (d) An explosive for use in a medicine as prescribed in the most recent U.S. pharmacopoeia and national formulary.

SB363,42,8 (8) Evidence. A photograph, electronic image, videotape, or other identifying evidence of an explosive, destructive device, detonator, or weapon of mass destruction that is properly authenticated as provided under ch. 909 is admissible as evidence in lieu of the actual explosive, destructive device, detonator, or weapon of mass destruction in any action or proceeding concerning an explosive, destructive device, detonator, or weapon of mass destruction.

SB363, s. 88 Section 88. 947.08 of the statutes is created to read:

SB363,42,10 947.08 Material support of terrorism. (1) In this section:

SB363,42,12 (a) "Act of terrorism" means a crime that satisfies s. 939.648 (2) (a), (b), and (c) or an act that would satisfy s. 939.648 (2) (a), (b), and (c) if committed in this state.

SB363,42,13 (b) "Material support" means any of the following:

SB363,42,14 1. Currency or securities.

SB363,42,15 2. Financial services.

SB363,42,16 3. Personnel.

SB363,42,17 4. Transportation.

SB363,42,18 5. Training, expert advice, or assistance.

SB363,42,19 6. Lodging, safe houses, or other facilities.

SB363,42,20 7. False documentation or identification.

SB363,42,22 8. Any physical assets, including communications equipment, dangerous weapons, poisonous substances, and explosives.

SB363,42,25 (c) "Solicit" means to request, directly or indirectly, a grant or pledge of material support, whether or not the person soliciting receives any grant or pledge of material support.

SB363,43,1 (2) No person may do any of the following:

SB363,43,4 (a) Solicit or collect material support if he or she knows or has reason to know that the material support is intended to be used in whole or in part to plan, prepare, commit, or escape after committing an act of terrorism.

SB363,43,7 (b) Provide material support to another if he or she knows or has reason to know that the material support is intended to be used in whole or in part to plan, prepare, commit, or escape after committing an act of terrorism.

SB363,43,8 (3) A person who violates sub. (2) is guilty of a Class C felony.

SB363, s. 89 Section 89. 968.26 of the statutes is renumbered 968.26 (1) and amended to read:

SB363,44,5 968.26 (1) If a person complains to a judge that he or she has reason to believe that a crime has been committed within his or her jurisdiction, the judge shall examine the complainant under oath and any witnesses produced by him or her and may, and at the request of the district attorney shall, subpoena and examine other witnesses to ascertain whether a crime has been committed and by whom committed. The extent to which the judge may proceed in the examination is within the judge's discretion. The examination may be adjourned and may be secret. Any witness examined under this section subsection may have counsel present at the examination but the counsel shall not be allowed to examine his or her client, cross-examine other witnesses or argue before the judge. If it appears probable from the testimony given that a crime has been committed and who committed it, the complaint may be reduced to writing and signed and verified; and thereupon a warrant shall issue for the arrest of the accused. Subject to s. 971.23, if the proceeding is secret, the record of the proceeding and the testimony taken shall not be open to inspection by anyone except the district attorney unless it is used by the prosecution at the preliminary hearing or the trial of the accused and then only to the extent that it is so used. A court, on the motion of a district attorney, may compel a person to testify or produce evidence under s. 972.08 (1). The person is immune from prosecution as provided in s. 972.08 (1), subject to the restrictions under s. 972.085.

SB363, s. 90 Section 90. 968.26 (2) of the statutes is created to read:

SB363,44,14 968.26 (2) Upon his or her own initiative or at the request of a district attorney, the attorney general may petition the chief judge of any judicial administrative district within which there is reason to investigate unlawful activity under s. 165.70 for an order convening a John Doe proceeding having statewide investigative jurisdiction. If the chief judge grants the order, he or she may conduct the proceeding or assign another judge to conduct the proceeding. The attorney general shall represent the state in the proceeding. The venue of any criminal action resulting from the proceeding is prescribed in s. 971.19.

SB363, s. 91 Section 91. 968.265 of the statutes is created to read:

SB363,44,17 968.265 Order for disclosure of depositor information. (1) In this section:

SB363,44,20 (a) "Depository account" means any account at a financial institution in which a person may deposit money, or a safe deposit box in which a person may deposit property.

SB363,44,24 (b) "Financial institution" means a bank, savings bank, savings and loan association, credit union, insurance company, trust company, securities broker or dealer, a pawnbroker, as defined in s. 134.71 (1) (e), a telegraph company, or a dealer in precious metals, stones, or jewels.

SB363,45,7 (2) Upon the request of the attorney general or a district attorney and a showing that the information requested is relevant to a criminal investigation, a court shall issue an order requiring any financial institution to disclose to the attorney general or district attorney whether the person named in the order has a depository account with the financial institution or whether the person has had a depository account with the financial institution at a prior specified time. Any person who intentionally violates such an order may be punished under ch. 785.

SB363, s. 92 Section 92. 968.27 (intro.) of the statutes is amended to read:

SB363,45,9 968.27 Definitions. (intro.) In ss. 968.28 968.275 to 968.37:

SB363, s. 93 Section 93. 968.27 (14m) of the statutes is created to read:

SB363,45,13 968.27 (14m) "Roving interception order" means an order granting an application made under s. 968.30 (1) or (6m) with respect to which the requirements of s. 968.30 (11) (a) or (b) have been met.

SB363, s. 94 Section 94. 968.275 of the statutes is created to read:

SB363,45,22 968.275 Order for disclosure of subscriber information. (1) Upon the request of the attorney general or a district attorney and a showing that the information requested is relevant to a criminal investigation, a court shall issue an order requiring any electronic communications service provider to disclose to the attorney general or district attorney whether the person identified in the order is or was a subscriber or customer of the service provider at a specified time and, if the person is or was a subscriber or customer, requiring the electronic communications service provider to provide the following information regarding the person:

SB363,45,23 (a) Name.

SB363,45,24 (b) Address.

SB363,46,2 (c) Local and long distance telephone connection records, or records of times and duration of service usage.

SB363,46,3 (d) Start date and length of service.

SB363,46,4 (e) Types of services provided.

SB363,46,6 (f) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address.

SB363,46,8 (g) The means and sources of payment for services, including any credit card or bank account number used.

SB363,46,10 (2) Any person who intentionally violates an order under sub. (1) may be punished under ch. 785.

SB363, s. 95 Section 95. 968.28 of the statutes is amended to read:

SB363,46,25 968.28 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 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, any felony that is dangerous to life, limb, or property, or any conspiracy to commit any of the foregoing offenses.

SB363, s. 96 Section 96. 968.30 (1) (intro.) of the statutes is amended to read:

SB363,47,6 968.30 (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 Subject to sub. (11), each application shall include the following information:

SB363, s. 97 Section 97. 968.30 (4) (intro.) of the statutes is amended to read:

SB363,47,10 968.30 (4) (intro.) Each Subject to sub. (11), each order authorizing or approving the interception of any wire, electronic or oral communication shall specify:

SB363, s. 98 Section 98. 968.30 (5) of the statutes is renumbered 968.30 (5) (a) and amended to read:

SB363,47,25 968.30 (5) (a) 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 stating that it terminates upon attainment of the authorized objective or in any event in 30 days. This paragraph does not apply to an order entered under sub. (6m).

SB363,48,9 (b) Every order entered under this section and every extension of such an order shall contain a provision stating that the authorization to intercept shall be executed as soon as practicable, and 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.

SB363, s. 99 Section 99. 968.30 (6m) of the statutes is created to read:

SB363,48,11 968.30 (6m) (a) In this subsection:

SB363,48,12 1. "Applicant" means a person applying for an order under this subsection.

SB363,48,14 2. "Chief judge" means the chief judge of the judicial administrative district in which the interception of a communication has occurred or is to occur.

SB363,48,16 3. "Emergency situation" means a situation involving immediate danger of death or great bodily harm.

SB363,48,17 4. "Great bodily harm" has the meaning given in s. 939.22 (14).

SB363,48,19 5. "Interceptable communication" means a communication the interception of which is permitted under an order entered under par. (e).

SB363,48,23 (b) Notwithstanding sub. (1), in an emergency situation, an investigative or law enforcement officer may apply by telephone, radio, or other means of electronic communication under pars. (c) and (d) for an order authorizing the interception of wire, electronic, or oral communications if all of the following apply:

SB363,48,25 1. The attorney general or the district attorney for the county in which the interception is to occur has authorized the application.

SB363,49,3 2. If only one of the attorneys listed in subd. 1. has authorized the application, the attorney who has done so has provided written notice to the other attorney of his or her authorization.

SB363,49,5 3. Complying with sub. (1) may increase or prolong the risk of death or great bodily harm that the emergency situation involves.

SB363,49,14 (c) An investigative or law enforcement officer may apply for an order under this subsection with the chief judge. At the outset of his or her communication with the court, the applicant shall identify himself or herself and the purpose of the communication. The court shall then place under oath the applicant and any other person providing information in support of the application. Each oath and all of the remaining communication must be recorded, transcribed, and filed in the same manner as an application for a search warrant under s. 968.12 (3) (d), except that the transcript and any recording must be filed within 48 hours after the entry of an order granting an application under this subsection.

SB363,49,15 (d) The applicant shall provide the court the following:

SB363,49,16 1. The name of the attorney authorizing the application.

SB363,49,17 2. The information described under sub. (1) (b), (c), and (e).

SB363,49,18 3. Evidence that an emergency situation exists.

SB363,49,20 4. Evidence that complying with sub. (1) may increase or prolong the risk of death or great bodily harm that the emergency situation involves.

SB363,50,2 (e) The court shall grant the application if it finds that that an emergency situation exists, that compliance by the applicant with sub. (1) would increase or prolong the risk of death or great bodily harm that the emergency situation involves, and that sub. (3) (a) to (d) applies. The court shall record on the order the time at which it is entered and shall include in the order a provision stating that the order expires upon the attainment of the authorized objective, the denial of a written application filed under par. (f), or the passage of 48 hours, whichever occurs first.

SB363,50,8 (f) Within 48 hours after the entry of an order under par. (e), the applicant shall file a retroactive application under sub. (1) with the chief judge asking the court to approve the interception of communications which has occurred, is occurring, or will occur under the order entered under par. (e). The court shall proceed as if the application were an original application and shall, within that 48 hour time period, approve or deny the application.

SB363,50,10 (g) Any order entered under par. (e) shall expire immediately if any of the following occur:

SB363,50,11 1. The interceptable communication is intercepted.