Skip to main content

Introduced Senate Bill (S)

Authored by

DIGEST

Electronic communications. Provides that the definition of "electronic communication" includes metadata that relates to an electronic communication. Requires that the search or seizure of an electronic communication be specifically authorized by state law or a court order based on probable cause, even if the electronic communication is in the custody of a third party, and makes it a Level 5 felony to violate these requirements. Prohibits the state, state agencies, political subdivisions, and local units of government from: (1) assisting a federal agency that collects an electronic communication unless authorized by state law or a court order based on probable Electronic communications. Provides that the definition of "electronic communication" includes metadata that relates to an electronic communication. Requires that the search or seizure of an electronic communication be specifically authorized by state law or a court order based on probable cause, even if the electronic communication is in the custody of a third party, and makes it a Level 5 felony to violate these requirements. Prohibits the state, state agencies, political subdivisions, and local units of government from: (1) assisting a federal agency that collects an electronic communication unless authorized by state law or a court order based on probable cause; and (2) using information that relates to an electronic communication in an investigation or a criminal prosecution if the information was obtained from a federal agency that collected the electronic communication without authorization from state law or a court order based on probable cause. Makes knowingly or intentionally: (1) assisting a federal agency that collects electronic communications without authorization from state law or a court order based on probable cause; or (2) using information obtained from a federal agency that collects electronic communications without authorization from state law or a court order based on probable cause in a criminal investigation or prosecution; a Level 5 felony. Prohibits a law enforcement agency or governmental entity from using a real-time tracking device unless: (1) use of the device is required as a condition of bail or court ordered supervision; (2) the owner of the tracking device consents; (3) use of the device is authorized by a court order based on probable cause; or (4) exigent circumstances exist. ... View more