Senate committee substitute makes the following changes to the 2nd edition.
Amends the title of proposed statute GS 14A-300.10.
Changes the definitions provisions in proposed GS 15A-300.100(a) as follows. Adds new subdivision to define call location warrant to mean a warrant issued pursuant to the statute that authorizes a law enforcement agency or public safety answering point to obtain call location data from a wireless service provider. Deletes the subdivision that defined public safety answering point. Amends the definition of wireless service provider to replace the statutory reference to GS 62A-40 with GS 143B-1400 to reflect recodification of the statute that became effective September 18, 2015.
Deletes subsections (b) through (e) to proposed GS 15A-300.10, and instead provides the following.
Authorizes a law enforcement agency that believes the user of a telecommunications device to be in imminent risk of death or serious physical harm or to be criminally involved in the imminent risk of death or serious physical harm to another to apply for and be issued a call location warrant, as defined in subsection (a). Sets out that the warrant is to be issued by any person authorized to issue a search warrant under GS 15A-243(a) (Justice of the Supreme Court, judge of the Court of Appeals, or judge of the superior court) or GS 15A-243(b)(3) (a magistrate, as specified). Provides that the application must be made in writing upon oath and affirmation, and sets out four requirements to be included in the application. Establishes that upon the finding that the call location warrant is necessary to prevent imminent risk of death or serious physical harm, the issuing official may issue a warrant authorizing the applicant to obtain call location data for the device and user indicated. Provides that the warrant is valid anywhere in the State for a period of 48 hours from issuance.
Sets out a procedure for a law enforcement agency to obtain an expedited call location warrant from a judge of superior court by telephone and subsequently file a written application that complies with subdivision (2) of subsection (b) within 48 hours of issuance. Requires any applicant who receives a verbal warrant to execute an affidavit for presentation to the wireless service provider.
Requires a wireless service provider to provide, upon receipt of proof of issuance of a warrant from a law enforcement agency, call location information concerning the telecommunications device and user identified in the warrant for the period of time deemed by the law enforcement agency to be relevant to preventing the imminent death or serious physical harm. Provides that electronic or fax transmission of the warrant or affidavit pursuant to subsection (c) is sufficient proof of issuance of a warrant.
Requires any warrant issued under the statute to be filed with the clerk in the county which it is issued. Directs that the warrant is to remain under seal for 30 days from the date it is filed, unless extended by the superior court upon motion of the law enforcement agency.
Provides immunity to a wireless service provider, as specified, for providing mobile communications tracking information to a law enforcement agency as required by the statute.
Deletes proposed GS 15A-265, concerning warrantless use of pen register or trap and trace device by law enforcement officers in emergency situations where there is an imminent danger of death or serious bodily injury to any person, or another authorized use under GS Chapter 15A. Deletes conforming change to GS 15A-216(b).
Amends GS 7A-273, concerning powers of magistrates in infractions or criminal actions, by adding a new subsection to authorize magistrates to issue a call location warrant valid anywhere in the State pursuant to GS 15A-300.10, as enacted by the act.
Effective December 1, 2016 (previously, provided that the act applies to offenses committed on or after that date).
Changes the long title.
Bill Summaries: H804 (2015-2016 Session)
Summary date: Jun 28 2016 - View summary
Summary date: Jul 23 2015 - View summary
Senate committee substitute makes the following change to 1st edition.
Changes the effective date to December 1, 2015 (was, effective when the act becomes law), and makes the bill applicable to offenses committed on or after that date.
Summary date: Apr 16 2015 - View summary
Enacts new Article 16C, Provision of Wireless Call Location to Law Enforcement, in GS Chapter 15A. Requires a wireless services provider to give call location information for the device of a user to a requesting law enforcement agency or public safety answering point; only allows the request to be made in an emergency situation involving an imminent risk of death or serious physical harm. Provides that no cause of action can be brought against the provider or specified persons for providing the information. Requires the State Bureau of Investigation to keep a database of emergency contact information for all wireless telecommunications carriers registered to do business in the state and make the information available when requested to all public safety answering points in the state.
Enacts new GS 15A-265 to allow a law enforcement officer to install and use a pen register or trap and trace device if it is determined that: (1) an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained and (2) there are grounds upon which an order could be entered under GS Chapter 15A to authorize such installation and use. Requires the officer to seek an order approving the installation or use within 48 hours. Requires the use to stop immediately when there is no authorizing order, upon the earlier of when the information sought is obtained, when the application for the order is denied, or when 48 hours have lapsed. Makes conforming changes to GS 15A-265.