LRB-0761/2
PJH:kjf:rs
2009 - 2010 LEGISLATURE
December 18, 2009 - Introduced by Representatives Schneider and Bies. Referred
to Committee on Criminal Justice.
AB627,1,5
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 a digitally produced photograph, film, motion picture, audio, or
5video and providing a penalty.
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 into evidence to prove the content of the photograph or
motion picture. This bill allows the introduction, in a criminal prosecution, of a
digital representation of a photograph, film, motion picture, audio, or video that was
created by a law enforcement agent 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 been 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 Class A misdemeanor for altering a digital representation
with the intent to falsify its contents or 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:
AB627, s. 1
1Section
1. 910.01 (1) of the statutes is renumbered 910.01 (5m).
AB627, s. 2
2Section
2. 910.01 (1g) of the statutes is created to read:
AB627,2,53
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.
AB627, s. 3
6Section
3. 910.01 (2) of the statutes is renumbered 910.01 (4m) and amended
7to read:
AB627,2,98
910.01
(4m) Photographs. "Photographs" include still photographs, X-ray
9films,
and motion pictures
, and digital representations.
AB627, s. 4
10Section
4. 910.01 (4) of the statutes is renumbered 910.01 (2m).
AB627, s. 5
11Section
5. 910.025 of the statutes is created to read:
AB627,2,16
12910.025 Admissibility of a digital representation. (1) In any criminal
13prosecution, a digital representation in the form of a photograph, film, motion
14picture, audio, or video that was produced or created by, or on behalf of, a law
15enforcement officer or agency is admissible for purposes of proving the content of that
16digital representation only if all of the following are true:
AB627,2,1717
(a) The content of the digital representation has not been altered.
AB627,3,3
1(b) The digital representation is in a format that includes bits representing a
2watermark that are scattered throughout the file in such a way that they cannot be
3identified or manipulated.
AB627,3,54
(c) The watermark described in par. (b) shows that the digital representation
5has not been altered from its original representation.
AB627,3,7
6(2) This section does not apply if the alteration of the digital representation is
7an element of the crime that is being prosecuted.
AB627, s. 6
8Section
6. Subchapter III (title) of chapter 946 [precedes 946.31] of the
9statutes is amended to read:
AB627,3,1111
subchapter iii
AB627,3,1312
Perjury
, Digital alteration,
13and false swearing
AB627, s. 7
14Section
7. 946.33 of the statutes is created to read:
AB627,3,17
15946.33 Alteration of a digital representation. (1) In this section, "digital
16representation" means any recording or image of a person, place, document, sound,
17or event that is created or stored by data in the form of numerical digits.
AB627,3,21
18(2) Whoever offers into evidence a digital representation for the purpose of
19proving the content of that digital representation knowing that the digital
20representation has been altered from its original representation is guilty of a Class
21A misdemeanor.
AB627,3,24
22(3) Whoever alters a digital representation with the intent to falsify the content
23of the digital representation for its use in a criminal prosecution is guilty of a Class
24A misdemeanor.
AB627,4,3
1(4) Subsection (2) does not apply if the alteration of the digital representation
2is an element of a crime that is being prosecuted and the digital representation is
3offered into evidence to prove the element.
AB627,4,65
(1) This act first applies to actions commenced on the effective date of this
6subsection.
