LRB-0686/1
RPN:lmk:pg
2007 - 2008 LEGISLATURE
January 12, 2007 - Introduced by Representative Schneider. Referred to
Committee on Judiciary and Ethics.
AB14,1,5
1An Act to renumber 910.01 (1) and 910.01 (4);
to renumber and amend 910.01
2(2);
to amend subchapter III (title) of chapter 946 [precedes 946.31]; and
to
3create 910.01 (1g), 910.025 and 946.33 of the statutes;
relating to:
4admissibility of digitally produced photograph, film, motion picture, audio, or
5video.
Analysis by the Legislative Reference Bureau
Under current law, if properly authenticated as being a true representation of
the image in the photograph or motion picture, an original of a photograph or motion
picture may be admitted in evidence to prove the content of the photograph or motion
picture. This bill allows the introduction of a digital representation of a photograph,
film, motion picture, audio, or video for purposes of proving the content of that digital
representation only if that content has not been altered and is in a format that
includes bits representing a watermark scattered within the file in such a way that
they cannot be identified or manipulated and that shows that the digital
representation has not be altered from its original representation. Digital
representation, as defined in the bill, means any recording or image of a person,
place, document, sound, or event that is created or stored by data in the form of
numerical digits.
The bill creates a misdemeanor for requesting the admission into evidence of
a digital representation to prove the contents of that representation if the person
knew those contents had been altered.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB14, s. 1
1Section
1. 910.01 (1) of the statutes is renumbered 910.01 (5m).
AB14, s. 2
2Section
2. 910.01 (1g) of the statutes is created to read:
AB14,2,53
910.01
(1g) Digital representation. "Digital representation" means any
4recording or image of a person, place, document, sound, or event that is created or
5stored by data in the form of numerical digits.
AB14, s. 3
6Section
3. 910.01 (2) of the statutes is renumbered 910.01 (4m) and amended
7to read:
AB14,2,98
910.01
(4m) Photographs. "Photographs" include still photographs, X-ray
9films,
and motion pictures
, and digital representations.
AB14, s. 4
10Section
4. 910.01 (4) of the statutes is renumbered 910.01 (2m).
AB14, s. 5
11Section
5. 910.025 of the statutes is created to read:
AB14,2,18
12910.025 Admissibility of a digital representation. In any action, a digital
13representation in the form of a photograph, film, motion picture, audio, or video is
14admissible for purposes of proving the content of that digital representation only if
15that content has not been altered and is in a format that includes bits representing
16a watermark that are scattered throughout the file in such a way that they cannot
17be identified or manipulated and that shows that the digital representation has not
18been altered from its original representation.
AB14, s. 6
1Section
6. Subchapter III (title) of chapter 946 [precedes 946.31] of the
2statutes is amended to read:
AB14,3,65
Perjury
, Digital alteration,
6and false swearing
AB14, s. 7
7Section
7. 946.33 of the statutes is created to read:
AB14,3,10
8946.33 Alteration of a digital representation. (1) In this section, "digital
9representation" means any recording or image of a person, place, document, sound,
10or event that is created or stored by data in the form of numerical digits.
AB14,3,14
11(2) Whoever offers into evidence a digital representation for the purpose of
12proving the content of that digital representation knowing that the digital
13representation has been altered from its original representation is guilty of a Class
14A misdemeanor.
AB14,3,1716
(1) This act first applies to actions commenced on the effective date of this
17subsection.
