LRBs0114/1
MGG&RPN:bjk:md
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 333
September 8, 2009 - Offered by Representative Parisi.
AB333-ASA1,1,2 1An Act to create 885.14 of the statutes; relating to: limiting disclosure of
2information gathered by news persons.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB333-ASA1, s. 1 3Section 1. 885.14 of the statutes is created to read:
AB333-ASA1,1,5 4885.14 Disclosure of information and sources by news person. (1)
5Definition. In this section, "news person" means any of the following:
AB333-ASA1,1,126 (a) Any business or organization that, by means of print, broadcast,
7photographic, mechanical, electronic, or other medium, disseminates news or
8information to the public, including a newspaper, magazine, or other periodical; book
9publisher; news agency; wire service; radio or television station or network; cable or
10satellite network, service, or carrier; or audio or audiovisual production company;
11and a parent, subsidiary, division, or affiliate of any of these businesses or
12organizations.
AB333-ASA1,2,4
1(b) Any person who is or has been engaged in gathering, receiving, preparing,
2or disseminating news or information to the public for an entity described in par. (a),
3including any person supervising or assisting the person in gathering, receiving,
4preparing, or disseminating such news or information.
AB333-ASA1,2,10 5(2) Subpoenas issued to news person. (a) Prohibition. Except as provided in
6par. (b), no person having the power to issue a subpoena may issue a subpoena
7compelling a news person to testify about or produce or disclose any of the following
8that is obtained or prepared by the news person in the news person's capacity in
9gathering, receiving, or preparing news or information for potential dissemination
10to the public:
AB333-ASA1,2,1111 1. The identity of a confidential source of any news or information.
AB333-ASA1,2,1312 2. Any information that would tend to identify the confidential source of any
13news or information.
AB333-ASA1,2,1514 3. Any news or information obtained or prepared in confidence by the news
15person.
AB333-ASA1,2,1716 4. Any news, information, or identity of any source of any news or information
17that is not described in subd. 1., 2., or 3.
AB333-ASA1,2,2318 (b) Procedure before courts. Subject to par. (c), a circuit court may issue a
19subpoena to compel a news person to testify about or disclose or produce any news,
20information, or identity of any source as specified in par. (a) 4. if the court finds, after
21notice to and an opportunity to be heard by the news person that the person
22requesting the subpoena established, based on information obtained from a person
23other than the news person, one of the following by clear and convincing evidence:
AB333-ASA1,2,2524 1. In a criminal prosecution or investigation that there are reasonable grounds
25to believe that a crime has occurred.
AB333-ASA1,3,2
12. In a civil action or proceeding that the complaint states a claim upon which
2relief may be granted.
AB333-ASA1,3,43 (c) A circuit court may issue a subpoena under par. (b) only if all of the following
4conditions are met:
AB333-ASA1,3,65 1. The news, information, or identity of the source is highly relevant to the
6investigation, prosecution, action, or proceeding.
AB333-ASA1,3,97 2. The news, information, or identity of the source is necessary to the
8maintenance of a party's claim, defense, or to the proof of an issue material to the
9investigation, prosecution, action, or proceeding.
AB333-ASA1,3,1110 3. The news, information, or identity of the source is not obtainable from any
11alternative source for the investigation, prosecution, action, or proceeding.
AB333-ASA1,3,1312 4. There is an overriding public interest in the disclosure of the news,
13information, or identity of the source.
AB333-ASA1,3,19 14(3) Subpoenas issued to persons other than news persons. No person having
15the power to issue a subpoena may issue a subpoena to compel a person other than
16a news person to testify about or produce or disclose, information, records, or
17communications relating to a business transaction between that person and the
18news person if the purpose of the subpoena is to discover any of the items listed in
19sub. (2) (a) 1. to 3.
AB333-ASA1,3,23 20(4) Distribution. A disclosure to another person or dissemination to the public
21of news, information, or the identity of a source as described in sub. (2) (a) 1. to 4. by
22a news person does not constitute a waiver of the protection from compelled
23disclosure under sub. (2) or (3).
AB333-ASA1,4,2 24(5) Inadmissibility. Any news, information, records, communications, or the
25identity of a source of any news or information obtained in violation of this section

1are inadmissible for any purpose in any judicial, legislative, or administrative action,
2proceeding, or hearing.
AB333-ASA1, s. 2 3Section 2. Initial applicability.
AB333-ASA1,4,54 (1) This act first applies to subpoenas issued on the effective date of this
5subsection.
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