AB 230

With limited exceptions, current law requires the Department of

Transportation (DOT) to take a photograph of all applicants for an operator's license

or identification card. DOT may keep copies of the photographs for its own use but

generally must keep the photographs confidential. However, DOT may release a

photograph to the individual whose photograph was taken. In addition, DOT may

release a copy of a photograph taken on or after September 1, 1997, to a Wisconsin

law enforcement agency, a federal law enforcement agency, or a law enforcement

agency of another state upon written request of the agency if certain conditions are

satisfied. These conditions generally require that the photograph be requested for

specified law enforcement purposes and that certain measures be taken to guard

against further disclosure of the photograph.

Also under current law, the Department of Justice (DOJ) administers a

transaction information for the management of enforcement (TIME) system that

provides law enforcement agencies with access to certain information.

This bill requires DOT to make available to DOJ, in a digital format, any

photograph taken of an operator's license or identification card applicant that is

maintained by DOT. The bill requires DOJ to provide for electronic access by

Wisconsin law enforcement agencies, federal law enforcement agencies, and law

enforcement agencies of other states operator's license and identification card

photographs for the administration of criminal justice and for traffic enforcement.

Access to these photographs must be available electronically through the TIME

system if the law enforcement agency submits an electronic request satisfying

certain conditions. Provisions of current law establishing measures that must be

taken to guard against further disclosure of photographs provided to law

enforcement agencies also apply to photographs obtained electronically through the

TIME system. DOJ and DOT must ensure that, upon submission by law enforcement

agencies of electronic requests meeting the requirements under the bill, electronic

access to photographs is promptly available to these requesting agencies.