AB383: Bill Text

AB383,150,19 968.585 (1) (a) 3. Taken into custody under s. 938.19 and there are reasonable grounds to believe the juvenile has committed an act which if committed by an adult would be covered a misdemeanor under subd. 1. or 2. or a felony.

AB383,150,23 4. Arrested for any misdemeanor not specified in subd. 2., any other violation of state law punishable by forfeiture, or any local ordinance, if there is probable cause to believe the person is concealing a weapon or a thing which may constitute evidence of the offense for which he or she is detained.

AB383,151,3 (b) "Strip search" means a search in which a detained person's genitals, pubic area, buttock, or anus, or a detained female person's breast, is uncovered and either is exposed to view or is touched by a person conducting the search.

AB383,505 Section 505. 968.255 (2) (intro.) of the statutes is renumbered 968.585 (2) (intro.) and amended to read:

AB383,151,7 968.585 (2) (intro.) No person may be the subject of another to a strip search unless he or she is a detained person and if all of the following apply:

AB383,506 Section 506. 968.255 (2) (a) of the statutes is renumbered 968.585 (2) (ar) and amended to read:

AB383,151,12 968.585 (2) (ar) The person conducting the search is of the same sex as the person detained, unless the search is a body cavity search conducted that is not prohibited under sub. (3);.

AB383,507 Section 507. 968.255 (2) (b), (c), (d) and (e) of the statutes are renumbered 968.585 (2) (b), (c), (d) and (e) and amended to read:

AB383,151,16 968.585 (2) (b) The detained person is not exposed to the view of any person whose presence is not reasonably needed for conducting the search;.

AB383,151,17 (c) The search is not reproduced through a visual or sound recording ;.

AB383,151,21 (d) A person conducting the search has obtained the prior written permission authorization of the chief, or sheriff or law enforcement administrator of the jurisdiction where the person is detained, or his or her designee, unless there is probable cause to believe that the detained person is concealing a weapon; and.

AB383,151,25 (e) A The person conducting the search prepares a report identifying the person detained, all persons conducting the search, the time, date , and place of the search, and the written authorization required by par. (d), and provides a copy of the report to the person detained.

AB383,508 Section 508. 968.255 (3) of the statutes is renumbered 968.585 (3) and amended to read:

AB383,152,4 968.585 (3) No person other than a physician, physician assistant, or registered nurse licensed to practice in this state may conduct a body cavity search.

AB383,509 Section 509. 968.255 (4) of the statutes is renumbered 946.77 and amended to read:

AB383,152,9 946.77 Improper search of a detained person. A person who Whoever intentionally violates this section may be fined not more than $1,000 or imprisoned not more than 90 days or both s. 968.585 is guilty of a Class B misdemeanor.

AB383,510 Section 510. 968.255 (5) of the statutes is renumbered 968.585 (5).

AB383,511 Section 511. 968.255 (6) of the statutes is renumbered 968.585 (6) and amended to read:

AB383,152,15 968.585 (6) A law enforcement agency, as defined in s. 165.83 (1) (b), may promulgate rules concerning strip searches which at least that, at a minimum, meet the minimum requirements of this section.

AB383,512 Section 512. 968.255 (7) of the statutes is renumbered 968.585 (7) and amended to read:

AB383,152,19 968.585 (7) This section does not apply to a search of any person who meets any of the following criteria:

AB383,152,21 (a) Is The person is serving a sentence, pursuant to a conviction, in a jail, state prison, or house of correction.

AB383,152,24 (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).

AB383,153,2 (c) Is The person is committed, transferred, or admitted under ch. 975, 2011 stats., or ch. 51, 971 or 975.

AB383,153,3 (d) Is The person is confined as a condition of probation under s. 973.09 (4).

AB383,513 Section 513. 968.256 of the statutes is renumbered 968.59 and amended to read:

AB383,153,9 968.59 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.

AB383,153,15 (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.

AB383,514 Section 514. 968.26 of the statutes is renumbered 968.105, and 968.105 (3), as renumbered, is amended to read:

AB383,154,8 968.105 (3) The extent to which the judge may proceed in an examination under sub. (1) or (2) is within the judge's discretion. The examination may be adjourned and may shall be secret unless the judge orders otherwise. Unless the judge orders the proceeding not to be secret, the record and the testimony taken is not open to public inspection. The record and testimony taken is open to inspection by the district attorney, and, if a criminal prosecution follows, it is subject to discovery under s. 971.43 (2) (br). Any witness examined under this section 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. 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. 972.08 967.17 (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.

AB383,515 Section 515. 968.265 of the statutes is renumbered 968.595.

AB383,516 Section 516. 968.27 (intro.) of the statutes is renumbered 968.305 (intro.) and amended to read:

AB383,154,12 968.305 Definitions. (intro.) In ss. 968.28 to 968.375 this subchapter:

AB383,517 Section 517. 968.27 (1) of the statutes is renumbered 968.305 (1) and amended to read:

AB383,154,17 968.305 (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.

AB383,518 Section 518. 968.27 (2) of the statutes is renumbered 968.305 (2).

AB383,519 Section 519. 968.27 (3) of the statutes is renumbered 968.305 (3) and amended to read:

AB383,154,23 968.305 (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.

AB383,520 Section 520. 968.27 (4) of the statutes is renumbered 968.305 (4), and 968.305 (4) (intro.), as renumbered, is amended to read:

AB383,155,5 968.305 (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:

AB383,521 Section 521. 968.27 (5) of the statutes is renumbered 968.305 (5).

AB383,522 Section 522. 968.27 (6) of the statutes is renumbered 968.305 (6) and amended to read:

AB383,155,12 968.305 (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.

AB383,523 Section 523. 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:

AB383,155,17 968.305 (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:

AB383,155,20 (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:

AB383,155,25 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.

AB383,524 Section 524. 968.27 (8) of the statutes is renumbered 968.305 (8).

AB383,525 Section 525. 968.27 (9) of the statutes is renumbered 968.305 (9) and amended to read:

AB383,156,6 968.305 (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.

AB383,526 Section 526. 968.27 (10) of the statutes is renumbered 968.305 (10) and amended to read:

AB383,156,13 968.305 (10) "Investigative or law enforcement officer" means any officer of this state or political subdivision thereof, who is empowered by the laws of this state to conduct investigations of or to make arrests for offenses enumerated in ss. 968.28 968.315 to 968.37 968.405, and any attorney authorized by law to prosecute or participate in the prosecution of those offenses.

AB383,527 Section 527. 968.27 (11) of the statutes is renumbered 968.305 (11) and amended to read:

AB383,156,17 968.305 (11) "Judge" means the judge sitting at the time an application is made under s. 968.30 968.335 or his or her successor.

AB383,528 Section 528. 968.27 (12) and (13) of the statutes are renumbered 968.305 (12) and (13).

AB383,529 Section 529. 968.27 (14) of the statutes is renumbered 968.305 (14).

AB383,530 Section 530. 968.27 (14g) of the statutes is renumbered 968.305 (14g).

AB383,531 Section 531. 968.27 (15) of the statutes is renumbered 968.305 (15).

AB383,532 Section 532. 968.27 (16) (intro.), (a) and (b) of the statutes are consolidated, renumbered 968.305 (16) and amended to read:

AB383,157,3 968.305 (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.

AB383,533 Section 533. 968.27 (17) of the statutes is renumbered 968.305 (17).

AB383,534 Section 534. 968.28 of the statutes is renumbered 968.315 and amended to read:

AB383,157,23 968.315 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.

AB383,535 Section 535. 968.29 of the statutes is renumbered 968.325 and amended to read:

AB383,158,8 968.325 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.

AB383,158,13 (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.

AB383,158,21 (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.

AB383,159,4 (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.

AB383,159,7 (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.

AB383,159,17 (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.

AB383,536 Section 536. 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:

AB383,160,2 968.335 (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:

AB383,160,5 (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:

AB383,160,7 1. Details of the particular offense that has been, is being, or is about to be committed;.

AB383,160,9 2. A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted; .

AB383,160,11 3. A particular description of the type of communications sought to be intercepted; and.

AB383,160,17 (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.

AB383,160,21 (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:

AB383,160,24 (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.

AB383,161,4 (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.

AB383,161,6 (4) (intro.) Each order authorizing or approving the interception of any wire, electronic, or oral communication shall specify all of the following:

AB383,161,8 (a) The identity of the person, if known, whose communications are to be intercepted;.

AB383,161,11 (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;.

AB383,161,13 (c) A particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates;.

AB383,161,15 (d) The identity of the agency authorized to intercept the communications and of the person authorizing the application; and.

AB383,162,8 (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.

AB383,162,13 (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.

AB383,163,5 (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).

AB383,163,12 (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.