WLIA 2021 Fall meeting - CRIS presentation

1. Brent Bailey, WRDA President - Sauk County
Cheryl Berken, WRDA Legislative Chair - Brown County
DANIELS LAW
&
OTHER PRIVACY LEGISLATION

2. HOW DID WE GET HERE?

4. 51 ATTORNEY GENERALS SUPPORT LEGISLATION

5. EVERYONE NEEDS TO BE READY, IT’S COMING…..
It’s not an if, it’s a when!
 When it comes it will move fast
 It’s a good thing – we need to protect our citizens
 We need to be ready

6. STATUS OF LEGISLATION
Senate Bill S.2340
House Bill HR.4436

7. LET’S CALIBRATE
It’s not this………….
It’s this!

8. JUDICIAL SECURITY AND PRIVACY ACT OF 2021
117TH CONGRESS
1ST SESSION
S. 2340
To improve the safety and security of the Federal judiciary.
IN THE SENATE OF THE UNITED STATES
JULY 14, 2021
Mr. MENENDEZ (for himself, Mr. BOOKER, Mr. GRAHAM, Mr. DURBIN, Mr.
KENNEDY, and Mrs. FEINSTEIN) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary

9. PROTECTED PARTIES…OR SO WE THINK
However!!!
Florida currently has 124 protected groups
Arizona has 23 (one more being added this legislative session)
PURPOSE.—
The purpose of this Act is to improve the safety and security of Federal
judges, including senior, recalled, or retired Federal judges, and their
immediate family

10. WHO DOES THIS AFFECT?

11. What Documents/Information Qualify?
What offices come into play?
(6) PERSONALLY IDENTIFIABLE INFORMATION.—The term
‘‘personally identifiable information’’ means—
 a home address, including primary residence or secondary
residences;
 a home or personal mobile telephone number, or the direct
telephone number of a Government-issued cell phone or private
extension in the chambers of an at-risk individual;
 a personal email address;
 the social security number, driver’s license number, or home
address displayed on voter registration information;

12.  a bank account or credit or debit card information;
 home or other address displayed on property tax records or held by a
Federal, State, or local government agency of an at-risk individual, including
a secondary residence and any investment property at which an at-risk
individual resides for part of a year;
 license plate number or home address displayed on vehicle registration
information;
 identification of children of an at-risk individual under the age of 18;
 full date of birth;
 a photograph of any vehicle that legibly 18 displays the license plate or a
photograph of a residence that legibly displays the residence address;
 the name and address of a school or day care facility attended by immediate
family;
 the name and address of an employer of immediate family.

13. PROTECTING PERSONALLY IDENTIFIABLE INFORMATION IN
PUBLIC RECORDS.
IN GENERAL.—Each at-risk individual may file written notice of the status of the individual as an at-risk
individual, for them selves and immediate family, to each Government agency
NO PUBLIC POSTING.
Government agencies shall not publicly post or display publicly available content that includes
personally identifiable information of an at-risk individual or immediate family. Government
agencies, upon receipt of a written request in accordance with subsection (a)(1)(A) of this
section, shall remove the personally identifiable information of the at-risk individual or
immediate family from publicly available content within 72 hours.

14. THEY WILL KNOW WHO’S NAUGHTY OR NICE
The Federal judiciary is authorized to perform all necessary functions consistent with the provisions of this Act,
and to support existing threat management capabilities within the United States Marshals Service and other
relevant Federal law enforcement and security agencies. Such functions may include—
(A) monitor the protection of at-risk individuals and judiciary assets;
(B) manage the monitoring of websites for personally identifiable information of at-risk individuals or immediate
family and remove or limit the publication of such information; and
(C) receive, review, and analyze complaints by at-risk individuals of threats, whether direct or indirect, and report
to law enforcement partners.

15. According to a June 2021 Audit of the U.S. Marshals Service Judicial Security Activities
• “We concluded that the USMS’s resources and proactive threat detection capabilities
are inadequate to fully meet its protective service obligations to judges and other
USMS-protected persons.”
• “The USMs has determined that it is operating with a significant shortage of Deputy
United States Marshals. According to the USMS, it needs about 1,200 additional
DUSMs across the entire organization to fulfill it overall mission.” This was not met
• “The USMS’s fiscal year 2022 spring call budget request included an additional $35
million and 104 full time employees to bolster its judicial security operations.” This
was not met
• “We found that the USMS’s threat detection capabilities are insufficient to the
proactively monitor the current threat landscape, which has largely moved online to
social media settings.”
THE COST OF THIS PROGRAM

16. FINES IMPOSED
PENALTIES AND DAMAGES.—
Upon a knowing and willful violation of any order granting
injunctive or declarative relief obtained pursuant to this
subsection, the court issuing such order may—
(A) if the violator is a public entity, impose a fine not
exceeding $4,000 and require the payment of court costs
and reasonable attorney’s fees;
(B) if the violator is a person, business, as sociation, or
private agency, award damages to the affected at-risk
individual or immediate family in an amount up to a
maximum of 3 times the actual damages, but not less than
$10,000, and require the payment of court costs and
reasonable attorney’s fees.
• The person – you personally could be
held liable!
• The business – the county is at risk!

17. WHEN?
This Act shall take effect upon the date of enactment of this Act,
except for subsections (b)(1), (c), and (e) of section 5, which shall
take effect on the date that is 120 days after the date of enactment
of this Act.

18. Formation of CRIS committee
Confidential Records Identity Shielding
Insuring a “seat at the table.” Main goal of committee
Have engaged WCA (WI County Association)
Met with WI AG’s Office
Keep us in-the-loop
Met with WLTA
WRDA Legislative Committee is working with Reps on
legislation
WI PROACTIVE MOVEMENT

19. Movement to remove records which contain racial language
Race
Religion
PRIA has formed a committee on this
Don’t remove!
“Satisfy” instead
Sunset
Maaaaaaaybe redact but don’t remove
OTHER SHIELDING LEGISLATION: RESTRICTIVE
COVENANTS

20. YOU MUST BE AT THE TABLE
You must let others within the courthouse know about
this.
Every obstacle comes with an opportunity
Educate others as to the value of the public record
TAKEAWAYS:

21. Brent Bailey – WRDA President
brent.bailey@saukcountywi.gov 608-355-3288
Cheryl Berken – WRDA Legislative Chair
cheryl.berken@co.brown.wi.us 920-448-4474
A special thanks to Scott Moore for his assistance in the presentation!
scottm@fidlar.com 309-230-4398
THANK YOU!