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9(4) A person who is duly served a subpoena issued under sub. (2) shall, if
10requested, provide the following information about the customer or subscriber:
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(b) Address.
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(c) Local and long distance telephone connection records, satellite-based
14Internet service provider connection records, or records of session times and
15durations.
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(d) Duration of an applicable service, including the start date for the service
17and the type of service used.
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(e) Telephone or instrument number or other subscriber number or identity,
19including a temporarily assigned network address.
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(f) Means and source of payment for the electronic communication service or
21remote computing service, including credit card or any bank account number.
SB546,4,25
22(5) A person served with a subpoena under sub. (2) may, before the return date
23indicated under sub. (3), petition a circuit court in the county where the subpoena
24was issued for an order to modify or quash the subpoena or to prohibit disclosure of
25information by the court.
SB546,5,4
1(6) If the investigation into an Internet crime against a child specified under
2sub. (2) does not result in a prosecution or other proceeding against a person, the
3attorney general or his or her designee shall either destroy, or return to the person
4who produced, the records and information requested by the subpoena.
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5(7) The attorney general or his or her designee may order a provider of an
6electronic communication service or remote computing service not to notify or
7disclose the existence of the subpoena to the customer or subscriber or any other
8person, except an attorney for the purpose of obtaining legal advice or a circuit court,
9for a period of 90 days after the provider produces the requested records and
10information or files a petition under sub. (5) if the attorney general or his or her
11designee has reason to believe that the victim of the Internet crime against a child
12investigated under sub. (2) is under 18 years of age, and that notification or
13disclosure of the existence of the subpoena will do any of the following:
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(a) Endanger the life or physical safety of an individual.
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(b) Lead to flight from prosecution.
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(c) Lead to the destruction or tampering with evidence.
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(d) Lead to the intimidation of a potential witness.
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(e) Otherwise seriously jeopardize the investigation.
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19(8) Records and information produced in response to a subpoena issued under
20sub. (2) are not subject to inspection or copying under s. 19.35 (1), except that the
21attorney general or his or her designee may, upon request, disclose the records and
22information to another law enforcement agency, Internet crimes against children
23task force, or a district attorney.
SB546,4
24Section
4. 301.32 (1) of the statutes is amended to read:
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1301.32
(1) Property delivered to warden or superintendent; credit and debit. 2All money and other property delivered to an employee of any state correctional
3institution for the benefit of a prisoner or resident shall be delivered to the warden
4or superintendent, who shall enter the property upon his or her accounts to the credit
5of the prisoner or resident. The property may be used only under the direction and
6with the approval of the superintendent or warden and for the crime victim and
7witness assistance surcharge under s. 973.045 (4), the delinquency victim and
8witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid
9analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s.
10973.042,
the Internet crimes against children surcharge under s. 973.0425, the drug
11offender diversion surcharge under s. 973.043, or the benefit of the prisoner or
12resident. If the money remains uncalled for for one year after the prisoner's or
13resident's death or departure from the state correctional institution, the
14superintendent shall deposit it in the general fund. If any prisoner or resident leaves
15property, other than money, uncalled for at a state correctional institution for one
16year, the superintendent shall sell the property and deposit the proceeds in the
17general fund, donate the property to a public agency or private, nonprofit
18organization or destroy the property. If any person satisfies the department, within
195 years after the deposit, of his or her right to the deposit, the department shall direct
20the department of administration to draw its warrant in favor of the claimant and
21it shall charge the same to the appropriation made by s. 20.913 (3) (bm).
SB546,5
22Section
5. 302.13 of the statutes is amended to read:
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23302.13 Preservation of property an inmate brings to prison. The
24department shall preserve money and effects, except clothes, in the possession of an
25inmate when admitted to the prison and, subject to the crime victim and witness
1assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis
2surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042,
3the Internet crimes against children surcharge under s. 973.0425, and the drug
4offender diversion surcharge under s. 973.043, shall restore the money and effects
5to the inmate when discharged.
SB546,6
6Section
6. 303.01 (8) (b) of the statutes is amended to read:
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303.01
(8) (b) The department shall distribute earnings of an inmate or
8resident, other than an inmate or resident employed under sub. (2) (em), for the crime
9victim and witness assistance surcharge under s. 973.045 (4), for the delinquency
10victim and witness assistance surcharge under s. 938.34 (8d) (c), for the
11deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance
12with s. 303.06 (2) and may distribute earnings for the support of the inmate's or
13resident's dependents and for other obligations either acknowledged by the inmate
14or resident in writing or which have been reduced to judgment that may be satisfied
15according to law. The department may also distribute earnings for the child
16pornography surcharge under s. 973.042
, the Internet crimes against children
17surcharge under s. 973.0425, or the drug offender diversion surcharge under s.
18973.043, but only if the inmate or resident has first provided for the reasonable
19support of his or her dependents.
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20Section
7. 303.01 (8) (c) 7r. of the statutes is created to read:
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303.01
(8) (c) 7r. Payment of the Internet crimes against children surcharge
22under s. 973.0425.
SB546,8
23Section
8. 303.065 (5) (ck) of the statutes is created to read:
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303.065
(5) (ck) Payment of the Internet crimes against children surcharge
25under s. 973.0425.
SB546,9
1Section
9. 814.75 (7m) of the statutes is created to read:
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814.75
(7m) The Internet crimes against children surcharge under s. 973.0425.
SB546,10
3Section
10. 814.76 (5m) of the statutes is created to read:
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814.76
(5m) The Internet crimes against children surcharge under s. 973.0425.
SB546,11
5Section
11. 973.0425 of the statutes is created to read:
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6973.0425 Internet crimes against children surcharge. (1) If a court
7imposes a sentence or places a person on probation, the court shall impose an
8Internet crimes against children surcharge in the following amount:
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(a) For each misdemeanor conviction, $20.
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(b) For each felony conviction, $40.
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11(2) After determining the amount due, the clerk of court shall collect and
12transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
13treasurer shall then make payment to the secretary of administration under s. 59.25
14(3) (f) 2.
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15(3) The secretary of administration shall credit the surcharge to the
16appropriation account under s. 20.455 (2) (gj).
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17(4) If an inmate in a state prison or a person sentenced to a state prison has
18not paid the Internet crimes against children surcharge under this section, the
19department shall assess and collect the amount owed from the inmate's wages or
20other moneys. Any amount collected under this subsection shall be transmitted to
21the secretary of administration.
SB546,12
22Section
12.
Initial applicability.
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(1) This act first applies to persons who are sentenced or placed on probation
24on the effective date of this subsection.