Assembly Bill 741
Subpoenas and warrants requiring providers of electronic communications services or of remote computing services to provide customer information or disclose contents of wire or electronic communications
Topics: Damage (personal injury), Data processing, Judge, Subpoena, Telecommunications
Stopped before the full Assembly voted
The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Feb 12, 2010
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Committee, passed
Approved
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Assembly vote, stopped here
Stopped here. The full Assembly never voted on it.
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law a judge may, upon a showing of probable cause, issue a search warrant authorizing the police to search a designated person, object, or place for the purpose of seizing specific property. A judge may issue a search warrant authorizing a search anywhere the state. In addition, a judge may, upon a showing of probable cause, issue a subpoena requiring a person to produce specified documents.
This bill authorizes a judge to issue a subpoena or warrant requiring a provider of electronic communication service or of remote computing service to produce certain records relating to a customer or the customer's wire or electronic communications. Under the bill, "remote computing service" means computer storage or processing provided to the public by means of an electronic communications system. Upon a showing of probable cause, a court may issue a subpoena requiring a provider of electronic communication service or of remote computing service to provide information related to a customer, including the customer's name, address, telephone number, network address, and bank or credit card account number used to pay the provider, as well as records of the services the customer utilized and records of session times and durations. The bill also authorizes a judge, upon a showing of probable cause, to issue a warrant requiring a provider of electronic communication service or of remote computing service to disclose the contents of a customer's wire or electronic communications as well as the customer information described above.
Read the full summary Show less
A judge may issue a subpoena or warrant authorized by the bill to any provider that enters into an agreement with a person, whether or not the person is a resident of this state, if any part of the performance of the agreement takes place within this state. Under the bill, a law enforcement officer need not be present for the service or execution of the subpoena or warrant. The bill requires that a subpoena or warrant be issued secretly and provides that a judge may seal the subpoena or warrant and the request, complaint, affidavit, or testimony upon which the subpoena or warrant is based. The bill grants a provider of electronic communication service or of remote computing service immunity from civil liability for acts or omissions committed in accordance with a subpoena or warrant.
The bill also allows a provider of electronic communication service or of remote computing service to disclose information relating to a customer or the contents of a customer's wire or electronic communications if the customer consents, or if the provider has a good faith belief that disclosure is required to prevent death or serious physical injury to a person or to mitigate serious physical injury to a person.
Finally, the bill modifies the definition of "wire communication" that is applicable to the requirement to obtain a warrant before intercepting a wire communication. Under current law, "wire communication" is defined, in part, as any aural transfer made through the use of facilities for the transmission of communications by the aid of wire, cable, microwave or like connection that is furnished or operated by a person engaged as a public utility. The changes in the bill include deleting reference to microwave and to public utility.
Who's behind it
11 representatives are its . 8 are Democrats and 3 are Republicans.
3 more lawmakers .
See all 14 names Hide the names
Authors (11)
- Terese Berceau · Democrat, Assembly
- Garey Bies · Republican, Assembly
- Chris Danou · Democrat, Assembly
- Jason Fields · Democrat, Assembly
- Andy Jorgensen · Democrat, Assembly
- Dean Kaufert · Republican, Assembly
- Sandy Pasch · Democrat, Assembly
- Jon Richards · Democrat, Assembly
- Christine Sinicki · Democrat, Assembly
- John Townsend · Republican, Assembly
- Robert Turner · Democrat, Assembly
Signed on in support (3)
- Alberta Darling · Republican, Senate
- Jim Sullivan · Democrat, Senate
- Lena Taylor · Democrat, Senate
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There was one vote on this bill.
Assembly Committee on Judiciary and Ethics vote on an amendment
Passed, 7 to 0 · Apr 9, 2010
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Judiciary and Ethics, Ayes 7, Noes 0”. Official record · This vote on its own page
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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Apr 9, 2010
Sent to the Assembly Committee on Rules.
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Apr 9, 2010
The committee voted to recommend passing it, 7 to 0.
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Feb 23, 2010
The committee held a public hearing.
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Feb 12, 2010
Sent to the Assembly Committee on Judiciary and Ethics.
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Feb 12, 2010
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Feb 12, 2010 · Assembly
Introduced by Representatives Pasch, Berceau, Townsend, Danou, Bies, Fields, Turner, Richards, Sinicki, Jorgensen and Kaufert;Cosponsored by Senators Sullivan, Taylor and Darling
- Feb 12, 2010 · Assembly
Read first time and referred to committee on Judiciary and Ethics
- Feb 18, 2010 · Assembly
LRB correction
- Feb 23, 2010 · Assembly
Public hearing held
- Mar 25, 2010 · Assembly
Assembly amendment 1 offered by Representative Pasch
- Apr 6, 2010 · Assembly
Executive action taken
- Apr 9, 2010 · Assembly
Report Assembly Amendment 1 adoption recommended by committee on Judiciary and Ethics, Ayes 7, Noes 0
- Apr 9, 2010 · Assembly
Report passage as amended recommended by committee on Judiciary and Ethics, Ayes 7, Noes 0
- Apr 9, 2010 · Assembly
Referred to committee on Rules
- Apr 13, 2010 · Assembly
Made a special order of business at 11:37 A.M. on 4-15-2010 pursuant to Assembly Resolution 22
- Apr 15, 2010 · Assembly
Laid on the table
- Apr 28, 2010 · Assembly
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote