LRB-2267/3
PJH:bjk:md
2009 - 2010 LEGISLATURE
July 8, 2009 - Introduced by Representatives Schneider, Kessler and A. Williams.
Referred to Committee on Criminal Justice.
AB340,1,3 1An Act to create 758.20 of the statutes; relating to: restricting access to and
2limiting information contained in the Consolidated Court Automation
3Programs and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the director of state courts established a consolidated
electronic system. This system, known as the Consolidated Court Automation
Programs (CCAP), contains information about civil and criminal cases filed in the
circuit courts in this state, including information about the parties and their
attorneys; documents filed; and deadlines, decisions, and outcomes of cases. CCAP
also contains information on family court proceedings; probate proceedings; John
Doe proceedings; reviews of certain administrative proceedings; tax warrants;
mechanics', construction, condominium, or other types of liens; civil lawsuits;
eviction proceedings; and domestic violence and other restraining orders and
injunctions.
The information on CCAP is available for free on an Internet Web site. The Web
site has no limitations on who has access to the information, although information
in certain types of cases is not available to the public. CCAP allows a user to search
for all civil and criminal cases in which a person or entity, who is the subject of the
search, has been a party.
Currently, the initial CCAP Web page for each criminal and traffic or other civil
forfeiture case contains the following statements: 1) for each criminal and traffic or
other civil forfeiture case, a statement that employers may not discriminate against

persons because of arrest and conviction records, except in certain circumstances; 2)
for each criminal and traffic or other civil forfeiture case that did not result in a
conviction or forfeiture, a statement that the charges were not proven and have no
legal effect, and that the defendant is presumed innocent; and 3) for each traffic or
other civil forfeiture case in which a forfeiture but no criminal conviction was
imposed, a statement that the charge or charges in the case are not criminal offenses.
Under this bill, the director of state courts may only provide case information
on CCAP after a court does one of the following: 1) makes a finding that a person is
guilty of a criminal charge; 2) makes a finding that a person is liable in a civil matter;
3) orders a person to be evicted; or 4) issues a restraining order or an injunction
against a person.
The bill allows free access to CCAP to Wisconsin judges or other court officials,
law enforcement personnel, attorneys, and accredited journalists. The bill allows
access to CCAP information to any other person who pays a $10 annual fee and
registers his or her name and address with the director of state courts. The bill
requires the director of state courts to keep a registry and log of each user who pays
the annual fee that records the searches each user performs. Under the bill, if a user
searches for a person's name on CCAP and subsequently denies the person
employment, housing, or another public accommodation, the user must inform the
person that he or she searched for the person's record on CCAP. A user who fails to
do so may be fined $1,000.
Under the bill, upon the written request of a person whose case information is
currently available on CCAP, the director of state courts must remove any
information relating to a case that did not result in a finding of criminal guilt or civil
liability, an order of eviction, or the issuance of a restraining order against the
person.
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:
AB340, s. 1 1Section 1. 758.20 of the statutes is created to read:
AB340,2,6 2758.20 Consolidated court automation programs. (1) In this section,
3"Wisconsin Circuit Court Access Internet Web site" means the Web site of the
4consolidated court automation programs, which is the statewide electronic circuit
5court case management system established under s. 758.19 (4) and maintained by
6the director of state courts.
AB340,3,3
1(2) The director of state courts may not include in the Wisconsin Circuit Court
2Access Internet Web site any information about any case or charge until a court does
3one of the following:
AB340,3,44 (a) Enters a finding of guilty in a criminal matter.
AB340,3,55 (b) Enters a finding of liability in a civil matter.
AB340,3,66 (c) Enters an order of eviction.
AB340,3,77 (d) Issues a restraining order or an injunction against a person.
AB340,3,9 8(3) (a) The following persons shall have access to the information contained on
9the Wisconsin Circuit Court Access Internet Web site at no charge:
AB340,3,1210 1. Justices, judges, magistrates, court commissioners, and other employees of
11state, federal, and municipal courts in Wisconsin who require access to court
12documents and records in the course of their employment.
AB340,3,1513 2. Law enforcement officers as defined in s. 941.299 (1) (c) and other employees
14of state, federal, and municipal law enforcement agencies in Wisconsin who require
15access to court documents and records in the course of their employment.
AB340,3,1716 3. Attorneys licensed to practice law in Wisconsin and their employees who
17require access to court documents and records in the course of their employment.
AB340,3,2018 4. Members of the Wisconsin Newspapers Association, the Wisconsin
19Broadcasters Association, and any other Wisconsin media organization designated
20by the director of state courts.
AB340,4,221 (b) A person who does not meet the requirements under par. (a) may have access
22to the information on the Wisconsin Circuit Court Access Internet Web site if the
23person provides his or her full name and address and pays the fee specified in par.
24(c). The director of state courts shall maintain a record of each person who has access
25under this paragraph that includes the person's name, address, and the name of each

1person about whom he or she requests information from the Wisconsin Circuit Court
2Access Internet Web site.
AB340,4,63 (c) Annually, a person who seeks access to the information on the Wisconsin
4Circuit Court Access Internet Web site under par. (b) shall pay a $10 fee to the
5director of state courts. The director of state courts shall transmit the fees to the
6department of administration for deposit in the general fund.
AB340,4,9 7(4) The director of state courts shall make available an option to provide online
8the information required under sub. (3) (b) and to pay online the fee required under
9sub. (3) (c).
AB340,4,14 10(5) A person may request, in writing, that the director of state courts remove
11from the Wisconsin Circuit Court Access Internet Web site all information relating
12to a case or charge against the person. Upon receiving the request, the director of
13state courts shall remove the information if it does not meet the requirements under
14sub. (2).
AB340,4,20 15(6) Any person who requests information from the Wisconsin Circuit Court
16Access Internet Web site shall inform the person who is the subject of the request that
17he or she sought information about that person if he or she denies that person
18employment, housing, or any public accommodation. Any person who intentionally
19fails to comply with this subsection shall be required to forfeit $1,000 for each failure
20to comply.
AB340, s. 2 21Section 2. Initial applicability.
AB340,4,2522 (1) This act first applies to judgments, findings, or orders entered on the
23effective date of this subsection, except that a request made under s. 758.20 (5), as
24created by this act, applies to information available on the Wisconsin Circuit Court
25Access Internet Web site on the effective date of this subsection.
AB340,5,2
1(2) This act first applies to requests for information made on the effective date
2of this subsection.
AB340, s. 3 3Section 3. Effective date.
AB340,5,54 (1) This act takes effect on the first day of the 5th month beginning after
5publication.
AB340,5,66 (End)
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