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LRBa1258/1
MJW:amn&cjs
2023 - 2024 LEGISLATURE
SENATE AMENDMENT 2,
TO SENATE BILL 890
February 19, 2024 - Offered by Senator James.
SB890-SA2,1,11 At the locations indicated, amend the bill as follows:
SB890-SA2,1,2 21. Page 3, line 16: after that line insert:
SB890-SA2,1,3 3 Section 6g. 968.373 (8) (c) of the statutes is created to read:
SB890-SA2,1,94 968.373 (8) (c) If the location of a communications device is disclosed to a law
5enforcement agency under par. (b) 2. or 3., the provider of electronic communication
6services shall notify the customer or subscriber of the information disclosure within
730 days after the call for emergency services or the emergency situation, or when any
8case that resulted from the call for emergency services or the emergency situation
9has resolved, whichever is later.
SB890-SA2,6m 10Section 6m. 968.373 (8g) of the statutes is created to read:
SB890-SA2,2,811 968.373 (8g) Court review. If the location of a communications device is
12disclosed to a law enforcement agency under sub. (8) (b) 2. or 3. and evidence of
13criminal activity was obtained as a result of the disclosure, the law enforcement

1agency shall, within 3 days of the disclosure, apply to a judge for an order
2retroactively authorizing the emergency disclosure. The application under this
3subsection shall set forth the facts giving rise to the emergency disclosure, and the
4judge shall promptly issue an order determining whether the emergency disclosure
5was necessary. If the judge determines that the disclosure was not necessary, the
6judge shall order that the evidence be suppressed in any criminal proceeding on the
7grounds that the evidence was unlawfully obtained, and order immediate
8notification under sub. (8) (c).”.
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