SB363: Bill Text

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.

SB363,50,13 2. Forty-eight hours pass after the entry of the order, and the applicant does not file an application under par. (f).

SB363,50,14 3. The chief judge denies the application under par. (f).

SB363,50,17 (h) Unless the chief judge approves an application under par. (f) relating to an order entered under par. (e), any communication intercepted in reliance on the order shall be treated as having been unlawfully intercepted.

SB363, s. 100 Section 100. 968.30 (7) (d) (intro.) of the statutes is amended to read:

SB363,50,24 968.30 (7) (d) (intro.) Within a reasonable time but not later than 90 days after the filing of an application for an order of approval under par. (b) which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served on the persons named in the order or the application and such other parties to intercepted communications as the judge determines is in the interest of justice, an inventory which shall include notice of all of the following:

SB363, s. 101 Section 101. 968.30 (11) of the statutes is created to read:

SB363,51,3 968.30 (11) (a) Subsections (1) (b) 2., (3) (d), and (4) (b) do not apply to an application for the interception of an oral communication made under sub. (1) or (6m) if all of the following apply:

SB363,51,5 1. The application identifies the person committing the offense described in sub. (1) (b) 1. and whose communications are to be intercepted.

SB363,51,7 2. The application contains a full and complete statement as to why complying with sub. (1) (b) 2. is not practical.

SB363,51,9 3. The judge finds that it is not practical for the applicant to comply with sub. (1) (b) 2.

SB363,51,12 (b) Subsections (1) (b) 2., (3) (d), and (4) (b) do not apply to an application for the interception of a wire or electronic communication made under sub. (1) or (6m) if all of the following apply:

SB363,51,14 1. The application identifies the person believed to be committing the offense described in sub. (1) (b) 1. and whose communications are to be intercepted.

SB363,51,17 2. Based on a showing by the applicant, the court finds that there is probable cause to believe that the actions of the person identified under subd. 1. could have the effect of thwarting interception from a specified facility or place.

SB363,51,21 3. The order authorizes the interception of communications only for the time during which it is reasonable to presume that the person identified under subd. 1. is or was reasonably close to the instrument through which the communications will be or was transmitted.

SB363,51,25 (c) If, after determining that the requirements of par. (a) have been met, the court issues a roving interception order, the order shall not take effect until the person implementing the order ascertains the facility from which or place where the communication is to be intercepted.

SB363,52,6 (d) If, after determining that the requirements of par. (b) have been met, the court issues a roving interception order, a provider of wire or electronic communications service that receives the order may move the court to modify or quash the order on the ground that it cannot assist with the interception in a timely or reasonable fashion. The court, upon notice to the attorney general and the district attorney, shall decide such a motion expeditiously.

SB363, s. 102 Section 102. 968.31 (2) (am) of the statutes is created to read:

SB363,52,10 968.31 (2) (am) 1. For a person to provide information, facilities, or technical assistance to any person authorized by law to intercept wire, oral, or electronic communications if any of the following apply:

SB363,52,13 a. The judge authorizing the interception has ordered the person to provide the specified assistance, the person has been provided with a copy of the court's order, and the order meets the requirements of subd. 2.

SB363,52,18 b. The attorney general, the district attorney, or a person authorized to intercept communications under an order entered under s. 968.30 (6m) provides the person a written certification that meets the requirements of subd. 2. and that states that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required.

SB363,52,21 2. An order or certification under subd. 1. shall specify the information, facilities, or technical assistance required and shall set forth the period of time during which the provision of the specified assistance is authorized.

SB363,52,25 3. No person providing assistance under this paragraph with respect to any interception or surveillance may disclose any information regarding the existence of the interception or surveillance or any information regarding any device used to accomplish the interception or surveillance unless all of the following apply:

SB363,53,1 a. The person is required to disclose the information by legal process.

SB363,53,2 b. The person first notifies the attorney general or the district attorney.

SB363, s. 103 Section 103. 968.31 (2g) of the statutes is created to read:

SB363,53,7 968.31 (2g) (a) Any person whose wire, electronic, or oral communication is intercepted, disclosed or used in violation of ss. 968.28 to 968.37 shall have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, the communication.

SB363,53,10 (b) Any person whose wire, electronic, or oral communication is intercepted has a cause of action against any person who violates sub. (2) (am) 3. with respect to that communication.

SB363, s. 104 Section 104. 968.31 (2m) (intro.) of the statutes is repealed and recreated to read:

SB363,53,14 968.31 (2m) A person bringing an action under sub. (2g) who prevails in such an action shall be entitled to recover all of the following:

SB363, s. 105 Section 105. 968.31 (3) of the statutes is amended to read:

SB363,53,17 968.31 (3) Good faith reliance on a court order or on s. 968.30 (7) shall constitute a complete defense to any civil or criminal action brought under ss. 968.28 to 968.37.

SB363, s. 106 Section 106. 968.40 (1) of the statutes is renumbered 968.40 (1) (b).

SB363, s. 107 Section 107. 968.40 (1) (a) of the statutes is created to read:

SB363,54,3 968.40 (1) (a) 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 to select a grand jury list and impanel a grand jury having statewide jurisdiction. The grand jury may be selected in any county in the judicial administrative district. The chief judge may preside over the grand jury or assign another judge to preside. The attorney general shall represent the state in any proceeding under this paragraph. The venue of any indictment returned by the grand jury is as prescribed in s. 971.19.

SB363, s. 108 Section 108. 969.02 (4m) of the statutes is amended to read:

SB363,54,7 969.02 (4m) Any person who is charged with a misdemeanor and released under this section shall comply with s. 940.49 946.648. The person shall be given written notice of this requirement.

SB363, s. 109 Section 109. 969.03 (2m) of the statutes is amended to read:

SB363,54,11 969.03 (2m) Any person who is charged with a felony and released under this section shall comply with s. 940.49 946.648. The person shall be given written notice of this requirement.

SB363, s. 110 Section 110. 969.08 (10) (b) of the statutes is amended to read:

SB363,54,20 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203 940.204, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013 943.0135, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m), or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 947.05, 947.07, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, or 948.30.

SB363, s. 111 Section 111. 971.367 of the statutes is created to read:

SB363,54,25 971.367 Crimes involving money laundering and false statements to financial institutions. (1) In any case under s. 946.78 involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB363,55,3 (2) In any case under s. 946.79 involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB363, s. 112 Section 112. 971.37 (1m) (a) 2. of the statutes is amended to read:

SB363,55,12 971.37 (1m) (a) 2. An adult accused of or charged with a criminal violation of s. 940.19, 940.20 (1m), 940.201, 940.225, 940.23, 940.285, 940.30, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 946.62, 946.625, 946.63, 946.635, 946.646, 947.01, 947.012, or 947.0125 and the conduct constituting the violation involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child.

SB363, s. 113 Section 113. 973.055 (1) (a) 1. of the statutes is amended to read:

SB363,55,20 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 946.62, 946.625, 946.63, 946.635, 946.646, 947.01, 947.012, or 947.0125 or of a municipal ordinance conforming to s. 940.201, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01, 947.012, or 947.0125; and

SB363, s. 114 Section 114. Initial applicability.

SB363,55,24 (1) Access to license and identification card photographs. The treatment of section 343.237 (3) (d) of the statutes first applies to requests for copies of photographs that are made on the effective date of this subsection.

SB363,56,2 (2) Name change. The treatment of section 786.36 (4) of the statutes first applies to name changes made on the effective date of this subsection.

SB363,56,5 (3) Court orders for disclosure of information. The treatment of sections 968.265 and 968.275 of the statutes first applies to court orders for disclosure that are made on the effective date of this subsection.

SB363,56,8 (4) John Doe proceedings. The renumbering and amendment of section 968.26 of the statutes and the creation of section 968.26 (2) of the statutes first apply to John Does proceedings commenced on the effective date of this subsection.

SB363,56,11 (5) Grand jury proceedings. The renumbering of section 968.40 (1) of the statutes and the creation of section 968.40 (1) (a) of the statutes first apply to grand jury proceedings commenced on the effective date of this subsection.

SB363,56,12 (End)