Amendment SA2-SB890

LRBa1258/1

MJW:amn&cjs

2023 - 2024 LEGISLATURE

SENATE AMENDMENT 2, TO SENATE BILL 890

February 19, 2024 - Offered by Senator James.

SB890-SA2,1,1 At the locations indicated, amend the bill as follows:

SB890-SA2,1,2 1. Page 3, line 16: after that line insert:

SB890-SA2,1,3 “ Section 6g. 968.373 (8) (c) of the statutes is created to read:

SB890-SA2,1,9 968.373 (8) (c) If the location of a communications device is disclosed to a law enforcement agency under par. (b) 2. or 3., the provider of electronic communication services shall notify the customer or subscriber of the information disclosure within 30 days after the call for emergency services or the emergency situation, or when any case that resulted from the call for emergency services or the emergency situation has resolved, whichever is later.

SB890-SA2,6m Section 6m. 968.373 (8g) of the statutes is created to read:

SB890-SA2,2,8 968.373 (8g) Court review. If the location of a communications device is disclosed to a law enforcement agency under sub. (8) (b) 2. or 3. and evidence of criminal activity was obtained as a result of the disclosure, the law enforcement agency shall, within 3 days of the disclosure, apply to a judge for an order retroactively authorizing the emergency disclosure. The application under this subsection shall set forth the facts giving rise to the emergency disclosure, and the judge shall promptly issue an order determining whether the emergency disclosure was necessary. If the judge determines that the disclosure was not necessary, the judge shall order that the evidence be suppressed in any criminal proceeding on the grounds that the evidence was unlawfully obtained, and order immediate notification under sub. (8) (c).”.

SB890-SA2,2,9 (End)