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HB17-1053: Warrant Or Order For Electronic Communications

Criminal Justice | Privacy & Technology
Bill Number: HB17-1053
Year: 2017
ACLU Position: Active Support
Sponsors: L. Landgraf

Description:

The bill provides that a governmental entity may only require an
electronic communication service or remote computing service provider
to disclose the contents of an electronic or wire communication pursuant
to a valid search warrant or court order for production of documents. The
warrant or order must include a finding of probable cause to search and
seize or produce the electronic or wire communication. An exception to
the search warrant or order requirement is established if the time required
to obtain the warrant or order would result in a risk of death or substantial
bodily injury to a person or if certain persons consent to the release of the
contents.
The bill also excludes from its provisions situations when a peace
officer may lawfully obtain the information from an electronic device in
the officer’s lawful possession or when only location information is
sought pursuant to another statute.
The bill also requires the governmental entity to give the customer
notice of the search warrant and the disclosure unless the court orders that
the notice need not be given due to specified circumstances.
The bill prohibits any evidence obtained in violation of the bill
from being introduced as evidence or used to obtain a search warrant or
court order and provides immunity to an electronic communication
service or remote computing service for complying with or objecting to
a search warrant.


Current Status:

House Committee on Judiciary Postpone Indefinitely (02/21/2017)
House Committee on Judiciary Witness Testimony and/or Committee Discussion Only (01/31/2017)
Introduced In House - Assigned to Judiciary (01/11/2017)



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