Chapter 165

165.50(1)(b) (b) Conduct arson investigations.

165.50(2) (2) Special criminal investigation agents of the department shall have the same general police powers as are conferred upon peace officers.

165.50(3) (3) Except as provided in s. 20.001 (5), all moneys received as restitution payments reimbursing the department of justice for moneys expended in undercover investigations and operations shall be deposited as general purpose revenue — earned.

165.50 History History: 1975 c. 39; 1985 a. 29; 1987 a. 27; 1993 a. 213.

165.505 165.505 Internet crimes against children and human trafficking; administrative subpoena.

165.505(1) (1) In this section:

165.505(1)(ag) (ag) “Hotel” has the meaning given in s. 97.01 (7).

165.505(1)(am) (am) “Human trafficking crime” means the commission of, or the solicitation, conspiracy, or attempt to commit, a violation of s. 940.302 or 948.051.

165.505(1)(bg) (bg) “Internet crime against a child” means the commission of, or the solicitation, conspiracy, or attempt to commit, any of the following:

165.505(1)(bg)1. 1. A violation of s. 948.05, 948.075, 948.11, 948.12, or 948.125.

165.505(1)(bg)2. 2. A violation of ch. 948 that involves the use of a device that permits the transmission of wire or electronic communications or images through an electronic communications service, as defined in s. 968.27 (5), or a remote computing service, as defined in s. 968.27 (14g).

165.505(2) (2) 

165.505(2)(am) (am) The attorney general or his or her designee may issue and cause to be served a subpoena, in substantially the form authorized under s. 885.02, upon a provider of an electronic communication service or a remote computing service to compel the production of any of the items listed in par. (c) if all of the following apply:

165.505(2)(am)1. 1. The information likely to be obtained is relevant to an ongoing investigation of a human trafficking crime or an Internet crime against a child.

165.505(2)(am)2. 2. The attorney general or his or her designee has reasonable cause to believe that an Internet or electronic service account provided by an electronic communication service or a remote computing service has been used in the crime.

165.505(2)(bm) (bm) The attorney general or his or her designee issuing a subpoena under par. (am) shall ensure that the subpoena describes each record or other information pertaining to a customer or subscriber of the service to be produced and prescribes a reasonable return date by which the person served with the subpoena must assemble each record or other information and make them available.

165.505(2)(c) (c) A person who is duly served a subpoena issued under par. (am) shall, if requested, provide the following information about the customer or subscriber:

165.505(2)(c)1. 1. Name.

165.505(2)(c)2. 2. Address.

165.505(2)(c)3. 3. Duration, including the start date and end date, of the assignment of any Internet protocol address to the customer or subscriber.

165.505(2)(d) (d) A person served with a subpoena under par. (am) may, before the return date indicated under par. (bm), petition a circuit court in the county where the subpoena was issued for an order to modify or quash the subpoena or to prohibit disclosure of information by the court.

165.505(3j) (3j) 

165.505(3j)(a) (a) The attorney general or his or her designee may issue and cause to be served a subpoena, in substantially the form authorized under s. 885.02, upon a hotel to compel the production of any of the items listed in par. (c) if all of the following apply:

165.505(3j)(a)1. 1. The information likely to be obtained is relevant to an ongoing investigation of a human trafficking crime or an Internet crime against a child.

165.505(3j)(a)2. 2. The attorney general or his or her designee has reasonable cause to believe that a room provided by a hotel has been used in the crime.

165.505(3j)(b) (b) The attorney general or his or her designee issuing a subpoena under par. (a) shall ensure that the subpoena describes each record or other information pertaining to a customer of the room to be produced and prescribes a reasonable return date by which the person served with the subpoena must assemble each record or other information and make them available.

165.505(3j)(c) (c) A person who is duly served a subpoena issued under par. (a) shall, if requested, provide the following information about the customer:

165.505(3j)(c)1. 1. Name.

165.505(3j)(c)2. 2. Address and telephone number of record.

165.505(3j)(c)3. 3. Duration, including the start date and end date, of the assignment of any room to the customer.

165.505(3j)(d) (d) A person served with a subpoena under par. (a) may, before the return date indicated under par. (b), petition a circuit court in the county where the subpoena was issued for an order to modify or quash the subpoena or to prohibit disclosure of information by the court.

165.505(6) (6) If the investigation into a human trafficking crime or an Internet crime against a child specified under sub. (2) (am) or (3j) (a) does not result in a prosecution or other proceeding against a person, the attorney general or his or her designee shall either destroy, or return to the person who produced, the records and information requested by the subpoena.

165.505(7) (7) The attorney general or his or her designee may order a provider of an electronic communication service or remote computing service or a hotel not to notify or disclose the existence of the subpoena to the customer or subscriber or any other person, except an attorney for the purpose of obtaining legal advice or a circuit court, for a period of 90 days after the provider or hotel produces the requested records and information or files a petition under sub. (2) (d) or (3j) (d) if the attorney general or his or her designee has reason to believe that the victim of the human trafficking crime or Internet crime against a child investigated under sub. (2) (am) or (3j) (a) is under 18 years of age, and that notification or disclosure of the existence of the subpoena will do any of the following:

165.505(7)(a) (a) Endanger the life or physical safety of an individual.

165.505(7)(b) (b) Lead to flight from prosecution.

165.505(7)(c) (c) Lead to the destruction or tampering with evidence.

165.505(7)(d) (d) Lead to the intimidation of a potential witness.

165.505(7)(e) (e) Otherwise seriously jeopardize the investigation.

165.505(8) (8) Records and information produced in response to a subpoena issued under sub. (2) (am) or (3j) (a) are not subject to inspection or copying under s. 19.35 (1), except that the attorney general or his or her designee may, upon request, disclose the records and information to another law enforcement agency or a district attorney.

165.505 History History: 2015 a. 369; 2017 a. 173, 365; 2021 a. 238 ss. 24, 45; 2023 a. 224.

165.51 165.51 State fire marshal. The attorney general shall designate an employee as the state fire marshal.

165.51 History History: 1977 c. 260; 1985 a. 29.

165.55 165.55 Arson investigation.

165.55(1) (1) The chief of the fire department or company of every city, village and town in which a fire department or company exists, and where no fire department or company exists, the city mayor, village president or town clerk shall investigate or cause to be investigated the cause, origin and circumstances of every fire occurring in his or her city, village or town by which property has been destroyed or damaged when the damage exceeds $500, and on fires of unknown origin he or she shall especially investigate whether the fire was the result of negligence, accident or design. Where any investigation discloses that the fire may be of incendiary origin, he or she shall report the same to the state fire marshal.

165.55(2) (2) The department of justice shall supervise and direct the investigation of fires of incendiary origin when the state fire marshal deems the investigation expedient.

165.55(3) (3) When, in the opinion of the state fire marshal, investigation is necessary, he or she shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to any case of damage to property by fire or explosives. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with a crime under s. 941.11, 943.01, 943.012, 943.013, 943.02, 943.03 or 943.04 or with an attempt to commit any of those crimes, he or she shall cause the person to be prosecuted, and furnish the prosecuting attorney the names of all witnesses and all the information obtained by him or her, including a copy of all testimony taken in the investigation.

165.55(4) (4) The state fire marshal shall assign at least one deputy fire marshal exclusively to fire marshal duties for counties having a population of 750,000 or more.

165.55(7) (7) The state fire marshal and his or her subordinates shall each have the power to conduct investigations and hearings and take testimony regarding fires and the causes thereof, and compel the attendance of witnesses. The fees of witnesses shall be paid upon certificates signed by the officer before whom any witnesses shall have attended, and shall be charged to the appropriation for the state fire marshal.

165.55(8) (8) All investigations held by or under the direction of the state fire marshal, or his or her subordinates, may, in the fire marshal’s discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept apart from each other, and not allowed to communicate with each other until they have been examined.

165.55(9) (9) The state fire marshal and his or her subordinates may at all reasonable hours in performance of their duties enter upon and examine any building or premises where any fire has occurred and other buildings or premises near the same, and seize any evidence found as a result of such examination which in the opinion of the officer finding the same may be used in any criminal action which may result from such examination or otherwise, and retain it for a reasonable time or until it becomes an exhibit in the action.

165.55(10) (10) The state fire marshal, deputy state fire marshals or chiefs of fire departments shall apply for and obtain special inspection warrants prior to the inspection or investigation of personal or real properties which are not public buildings or for the inspection of portions of public buildings which are not open to the public for the purpose of determining the cause, origin and circumstances of fires either upon showing that consent to entry for inspection purposes has been refused or upon showing that it is impractical to obtain the consent. The warrant may be in the form set forth in s. 66.0119 (3). The definition of a public building under s. 101.01 (12) applies to this subsection. No special inspection warrant is required:

165.55(10)(a) (a) In cases of emergency when a compelling need for official action can be shown and there is no time to secure a warrant;

165.55(10)(b) (b) For investigations which occur during or immediately after the fire fighting process; or

165.55(10)(c) (c) For searches of public buildings which are open to the public.

165.55(10m) (10m) Any investigation or inspection authorized under sub. (10) shall be conducted by the state fire marshal, deputy state fire marshals or chiefs of fire departments or their designees.

165.55(11) (11) All officers who perform any service at the request of the state fire marshal or the state fire marshal’s subordinates shall receive fees determined by the state fire marshal and such fees shall be charged to the appropriation for the department of justice.

165.55(13) (13) Any officer named in subs. (1) and (2) who neglects to comply with any of the requirements of this section shall be fined not less than $25 nor more than $200 for each neglect or violation.

165.55(14) (14) The state fire marshal, any deputy fire marshal, any fire chief or his or her designee may require an insurer, including the state acting under ch. 619, to furnish any information in its possession relating to a fire loss involving property with respect to which a policy of insurance issued or serviced by the insurer may apply. Any insurer, including the state, may furnish to the state fire marshal, any deputy fire marshal, any fire chief or designee information in its possession relating to a fire loss to which insurance issued by it may apply. In the absence of fraud or malice, no insurer furnishing information under this subsection, state fire marshal, deputy fire marshal, fire chief or designee, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal, fire chief or designee, shall be liable in any civil or criminal action on account of any statement made, material furnished or action taken in regard thereto. Information furnished by an insurer under this subsection shall be held in confidence by the state fire marshal, deputy fire marshal, fire chief or designee and all subordinates until release or publication is required pursuant to a civil or criminal proceeding. Information obtained by the state fire marshal, any deputy fire marshal, fire chief or designee during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved.

165.55(15) (15) The state fire marshal, any deputy fire marshal, any fire chief, or his or her designee may obtain information relating to a juvenile from a law enforcement agency, a court assigned to exercise jurisdiction under chs. 48 and 938 or an agency, as defined in s. 938.78 (1), as provided in ss. 938.396 (1) (c) 8. and (2g) (j) and 938.78 (2) (b) 1. and may obtain information relating to a pupil from a public school as provided in ss. 118.125 (2) (ch) and (L) and 938.396 (1) (d).

165.55 History History: 1973 c. 333; 1975 c. 224; 1977 c. 260, 341; 1979 c. 133; 1981 c. 318; 1983 a. 189 s. 329 (4); 1985 a. 29; 1987 a. 348; 1993 a. 50, 482; 1995 a. 27; 1997 a. 205; 1999 a. 150 s. 672; 2005 a. 344; 2017 a. 207 s. 5.

165.55 Annotation The state fire marshall must establish proper discretionary reasons for exercising the privilege of secrecy under sub. (8). Black v. General Electric Co., 89 Wis. 2d 195, 278 N.W.2d 224 (Ct. App. 1979).

165.55 Annotation Under Tyler, 436 U.S. 499 (1978), the warrantless search of an entire building on the morning after a localized fire was reasonable as it was the continuation of the prior night’s investigation that had been interrupted by heat and nighttime circumstances. State v. Monosso, 103 Wis. 2d 368, 308 N.W.2d 891 (Ct. App. 1981).

165.55 Annotation Arson investigations under subs. (9) and (10) are subject to search warrant requirements set forth in Tyler, 436 U.S. 499 (1978). Discussing consent to search. 68 Atty. Gen. 225.

165.55 Annotation A burning building clearly presents an exigency rendering a warrantless entry reasonable, and fire officials need no warrant to remain in a building for a reasonable time to investigate the cause of the fire after it is extinguished. Michigan v. Tyler, 436 U.S. 499, 98 S. Ct. 1942, 56 L. Ed. 2d 486 (1978).

165.60 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30 (1m), 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), 945.04 (1m), and 948.081 and ch. 108 and, with respect to a false statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described under s. 175.60 (17) (c), to enforce s. 946.32, is authorized to assist the department of workforce development in the investigation and prosecution of suspected fraudulent activity related to worker’s compensation as provided in s. 102.125, and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

165.60 History History: 1975 c. 39; 1985 a. 29; 1989 a. 97; 2003 a. 33; 2005 a. 86; 2009 a. 12; 2011 a. 35; 2013 a. 362; 2015 a. 180; 2017 a. 128.

165.63 165.63 Access to firearm prohibition orders.

165.63(1) (1) Definition. In this section, “department” means the department of justice.

165.63(2) (2) Department to provide information upon request. Upon a request under sub. (3), (4), or (5), the department shall provide to the person making the request information regarding any of the following:

165.63(2)(a) (a) Individuals ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

165.63(2)(b) (b) The cancellation under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3) (f) 2. c., or 55.12 (10) (b) 3. of an order not to possess a firearm.

165.63(2m) (2m) Process; data confidentiality. The department, when providing information under sub. (2), may use the transaction information for the management of enforcement system or another method approved by the department to process requests and responses in a secure manner to ensure confidentiality of the data.

165.63(3) (3) Requests from courts. In making a determination required under s. 813.1285 (7) (a) or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

165.63(4) (4) Law enforcement requests. A law enforcement agency or a law enforcement officer may request information under sub. (2) from the department to do any of the following:

165.63(4)(a) (a) Enforce or investigate a violation of s. 941.29 or 941.2905.

165.63(4)(b) (b) Conduct a background check on an individual who is applying to become a law enforcement officer or on a current law enforcement officer.

165.63(4)(c) (c) Make a determination under s. 175.48 (2) (a) or 175.49 (2) (b) 4. or (5).

165.63(4)(d) (d) Aid the court in making a determination required under s. 813.1285 (7) (a) or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

165.63(5) (5) Return of seized firearm. In making a determination required under s. 968.20 (1m) (d) 2., an entity holding a seized firearm shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

165.63 History History: 2013 a. 223, 321; 2015 a. 141; 2017 a. 145, 365.

165.65 165.65 Drug disposal program.

165.65(1) (1) Definitions. In this section:

165.65(1)(a) (a) “Authorized under federal law” means permitted under 21 USC 801 to 971 or 21 CFR 1300 to 1321.

165.65(1)(am) (am) “Controlled substance” has the meaning given in s. 961.01 (4).

165.65(1)(b) (b) “Controlled substance analog” has the meaning given in s. 961.01 (4m).

165.65(1)(c) (c) “Drug disposal program” means a program to receive household pharmaceutical items and to recycle, destroy, or otherwise dispose of those items. “Drug disposal program” does not include a sharps collection station operated in compliance with rules promulgated by the department of natural resources.

165.65(1)(d) (d)

165.65(1)(d)1. 1. Except as provided under subd. 2., “household pharmaceutical item” means any of the following if lawfully possessed by an individual for the individual’s own use, for the use of a member of the individual’s household, or for the use of an animal owned by the individual or a member of the individual’s household:

165.65(1)(d)1.a. a. A drug, as defined in s. 450.01 (10); a prescription drug, as defined in s. 450.01 (20); or a controlled substance or controlled substance analog, if the drug, prescription drug, or controlled substance or controlled substance analog is located in or comes from a place where the individual, a member of the individual’s household, an in-home hospice service, or an adult family home serving fewer than 5 adult members manages the use of the drug, prescription drug, or controlled substance or controlled substance analog.