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Bills from the 2009–10 session

Senate Bill 235

Limiting disclosure of information gathered by news persons

Topics: Circuit court, Criminal identification and investigation, Freedom of speech and press, Newspaper and magazine, Subpoena

Stopped before the full Senate voted

The recommended passing it, but the full Senate never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Jun 22, 2009

  2. Committee, passed

    Approved

  3. Senate vote, stopped here

    Stopped here. The full Senate never voted on it.

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under the Supreme Court's interpretation of article I, section 3, of the Wisconsin Constitution, which prohibits any law that restrains the liberty of the press, a member of a news media has a qualified privilege to refuse to disclose sources of information received in confidence. The privilege is qualified because the reporter may be required to reveal the source if proof is presented showing that the source may have information that is competent, relevant, material, and favorable to the requester and that there are no other reasonable and adequate alternative sources for the information. The Supreme Court has held that the value of freedom of the press must be balanced against the societal values favoring disclosure, which requires a review of the facts in each case to determine whether to allow a reporter to refuse to disclose a confidential source.

This bill prohibits a person, other than a court, from issuing a subpoena compelling a news person to testify or produce information about any of the following:

Read the full summary

1. The identity of a confidential news source.

2. Any information that would tend to identify a confidential news source.

3. Any information obtained in confidence by a news person in gathering or preparing information for potential dissemination to the public.

4. Any other information or identity of a source of information that is obtained by a news person in gathering or preparing information for potential dissemination to the public.

The bill gives the court authority, after a hearing, to issue a subpoena to compel a news person to testify or produce information but only the evidence listed in item 4., above. The court may issue the subpoena if the person who requests the subpoena establishes by clear and convincing evidence, in a criminal investigation, that a crime has occurred, or in a civil action, that the complaint states a claim upon which relief may be granted, and if all of the following conditions apply:

1. The information or identity of the source is highly relevant to the criminal investigation or civil action.

2. The information or identity of the source is critical or necessary to the maintenance of the party's claim, defense, or to the proof of an issue material to the criminal investigation or civil action.

3. The information or identity of the source of the information is not obtainable from any alternative source.

4. There is an overriding public interest in the disclosure of the information or identity of the source of the information.

The bill also restricts the issuance of a subpoena to order a person who is not a news person to testify or produce information related to a business transaction between that person and a news person if the intent is to obtain information that cannot be obtained from the news person. There are exceptions to this restriction under the bill if the information is highly relevant, necessary for the party's claim or defense, and not obtainable from other sources.

The bill allows the court, in a criminal investigation in which a news person is the subject of the investigation, to order the issuance of a subpoena at the request of the prosecutor without giving the news person advance notice of the request and a hearing if the court determines that giving advance notice would pose a substantial threat to the integrity of the investigation.

Who's behind it

7 senators are its ⁠. 5 are Democrats and 2 are Republicans.

13 more lawmakers ⁠.

See all 20 names

Authors (7)

Signed on in support (13)

How lawmakers voted

There was one vote on this bill.

Senate Committee on Judiciary vote to recommend it

Passed, 5 to 0 · Dec 2, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Dec 2, 2009

    The committee voted to recommend passing it, 5 to 0.

  3. Nov 12, 2009

    1 more senator signed on in support.

  4. Oct 29, 2009

    The committee held a public hearing.

  5. Jul 7, 2009

    Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing,.

  6. Jun 22, 2009

    Sent to the Senate Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

  7. Jun 22, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Jun 22, 2009 · Senate

    Introduced by Senators Kreitlow, Holperin, Hansen, Schultz, Lehman, Cowles and Risser;Cosponsored by Representatives Parisi, Pasch, Berceau, Hixson, Zigmunt, Jorgensen, Turner, Molepske Jr., Benedict, Sinicki, Pocan and Grigsby

  2. Jun 22, 2009 · Senate

    Read first time and referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue

  3. Jul 7, 2009 · Senate

    Withdrawn from committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue and rereferred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, pursuant to Senate Rule 46 (2)(c)

  4. Oct 29, 2009 · Senate

    Public hearing held

  5. Nov 12, 2009 · Senate

    Senator Grothman added as a coauthor

  6. Dec 1, 2009 · Senate

    Executive action taken

  7. Dec 2, 2009 · Senate

    Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0

  8. Dec 2, 2009 · Senate

    Available for scheduling

  9. Apr 28, 2010 · Senate

    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.

More in the glossary

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.

More in the glossary

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