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LRB-3988/1
PJH:ahe
2015 - 2016 LEGISLATURE
January 11, 2016 - Introduced by Representatives Kleefisch, Ballweg, E. Brooks,
Duchow, Horlacher, Jorgensen, Kahl, Kremer, Kulp, T. Larson, Macco,
Murphy, A. Ott, Quinn, Ripp, Rodriguez, Rohrkaste, Sanfelippo, Spiros,
Tittl, Heaton, Zamarripa, Novak and Knodl, cosponsored by Senators
Wanggaard, Cowles, Gudex, Lassa, Marklein, Moulton and Olsen. Referred
to Committee on Criminal Justice and Public Safety.
AB666,1,5 1An Act to amend 46.07, 301.32 (1), 302.13 and 303.01 (8) (b); and to create
220.455 (2) (gj), 165.505, 303.01 (8) (c) 7r., 303.065 (5) (ck), 814.75 (7m), 814.76
3(5m) and 973.0425 of the statutes; relating to: administrative subpoena for
4investigating Internet crimes against children, creating an Internet crimes
5against children surcharge, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates an Internet crimes against children surcharge. Under the bill,
if a court imposes a sentence on a person or places a person on probation for
committing a crime, the court imposes a surcharge of $20 for each misdemeanor
conviction and $40 for each felony conviction. Under the bill, the Department of
Justice uses the moneys received from the surcharge to fund the activities of task
forces on Internet crimes against children, and to fund criminal investigations, law
enforcement, and prosecutions relating to Internet crimes against children.
The bill also authorizes the attorney general or his or her designee to issue an
administrative subpoena to a provider of an electronic communication service or
remote computing service that would compel the provider to produce documents or
records helpful to an investigation of an Internet crime against a child. The bill
allows the person issued the subpoena to motion a circuit court to limit or quash the
subpoena and allows the attorney general or his or her designee to request that the
subpoena be kept confidential until after all requested documents and records are
produced.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB666,1 1Section 1. 20.455 (2) (gj) of the statutes is created to read:
AB666,2,62 20.455 (2) (gj) Internet crimes against children surcharge. All moneys received
3from any Internet crimes against children surcharge imposed under s. 973.0425 for
4criminal investigative operations and law enforcement relating to Internet crimes
5against children, prosecution of Internet crimes against children, and activities of
6state and local Internet crimes against children task forces.
AB666,2 7Section 2. 46.07 of the statutes is amended to read:
AB666,3,6 846.07 Property of patients or residents. All money including wages and
9other property delivered to an officer or employee of any institution for the benefit
10of a patient or resident shall immediately be delivered to the steward, who shall enter
11the money upon the steward's books to the credit of the patient or resident. The
12property shall be used only under the direction and with the approval of the
13superintendent and for the crime victim and witness assistance surcharge under s.
14973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34
15(8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child
16pornography surcharge under s. 973.042, the Internet crimes against children
17surcharge under s. 973.0425,
the drug offender diversion surcharge under s. 973.043,
18or the benefit of the patient or resident. If, after paying any applicable surcharge,
19the money remains uncalled for for one year after the patient's or resident's death or
20departure from the institution, the superintendent shall deposit the money in the
21general fund. If any patient or resident leaves property, other than money, uncalled

1for at an institution for one year, the superintendent shall sell the property, and the
2proceeds shall be deposited in the general fund. If any person satisfies the
3department, within 5 years after the deposit, of his or her right to the deposit, the
4department shall direct the department of administration to draw its warrant in
5favor of the claimant and it shall charge the same to the appropriation made by s.
620.913 (3) (c).
AB666,3 7Section 3. 165.505 of the statutes is created to read:
AB666,3,9 8165.505 Internet crimes against children; administrative subpoena.
9(1) In this section:
AB666,3,1110 (a) "Internet crime against a child" means the commission of, or the solicitation,
11conspiracy, or attempt to commit, any of the following:
AB666,3,1212 1. A violation of s. 948.05, 948.075, 948.11, or 948.12.
AB666,3,1613 2. A sex offense or a violation of ch. 948 that involves the use of a device that
14permits the transmission of wire or electronic communications or images through an
15electronic communications service, as defined in s. 968.27 (5), or a remote computing
16service, as defined in s. 968.27 (14g).
AB666,3,1717 (b) "Sex offense" has the meaning given in s. 301.45 (1d) (b).
AB666,3,22 18(2) The attorney general or his or her designee may issue and cause to be served
19a subpoena, in substantially the form authorized under s. 885.02, upon a provider
20of an electronic communication service or a remote computing service to compel the
21production of records, information, and documentary evidence if all of the following
22apply:
AB666,3,2423 (a) The subpoena relates to an investigation of an Internet crime against a
24child.
AB666,4,3
1(b) The attorney general or his or her designee has reasonable cause to believe
2that an Internet or electronic service account provided by an electronic
3communication service or a remote computing service has been used in the crime.
AB666,4,8 4(3) The attorney general or his or her designee issuing a subpoena under sub.
5(2) shall ensure that the subpoena describes each record or other information
6pertaining to a customer or subscriber of the service to be produced and prescribes
7a reasonable return date by which the person served with the subpoena must
8assemble each record or other information and make them available.
AB666,4,10 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:
AB666,4,1111 (a) Name.
AB666,4,1212 (b) Address.
AB666,4,1513 (c) Local and long distance telephone connection records, satellite-based
14Internet service provider connection records, or records of session times and
15durations.
AB666,4,1716 (d) Duration of an applicable service, including the start date for the service
17and the type of service used.
AB666,4,1918 (e) Telephone or instrument number or other subscriber number or identity,
19including a temporarily assigned network address.
AB666,4,2120 (f) Means and source of payment for the electronic communication service or
21remote computing service, including credit card or any bank account number.
AB666,4,25 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.
AB666,5,4
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.
AB666,5,13 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:
AB666,5,1414 (a) Endanger the life or physical safety of an individual.
AB666,5,1515 (b) Lead to flight from prosecution.
AB666,5,1616 (c) Lead to the destruction or tampering with evidence.
AB666,5,1717 (d) Lead to the intimidation of a potential witness.
AB666,5,1818 (e) Otherwise seriously jeopardize the investigation.
AB666,5,23 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.
AB666,4 24Section 4. 301.32 (1) of the statutes is amended to read:
AB666,6,21
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).
AB666,5 22Section 5. 302.13 of the statutes is amended to read:
AB666,7,5 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.
AB666,6 6Section 6. 303.01 (8) (b) of the statutes is amended to read:
AB666,7,197 303.01 (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.
AB666,7 20Section 7. 303.01 (8) (c) 7r. of the statutes is created to read:
AB666,7,2221 303.01 (8) (c) 7r. Payment of the Internet crimes against children surcharge
22under s. 973.0425.
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