Bill Summaries: S529 (2013-2014 Session)

  • Summary date: Mar 28 2013 - View summary

    Amends GS 15A-260 to add definitions for (1) electronic device, (2) investigative or law enforcement officer, and (3) location information.

    Enacts new GS 15A-265, prohibiting in subsection (a)an investigative or law enforcement officer or any person from obtaining location information (information concerning the location of an electronic device generated or derived in whole or part from the operation of that device) without first obtaining a search warrant as provided for in Article 11 of GS Chapter 15A.

    Provides in subsection (b)that the requirement for a search warrant prior to obtaining location information does not apply under the following exceptions: (1) when responding to the user's call for emergency services, (2) with the consent of the user of the service, (3) in response to the user's call for emergency services if the investigative or law enforcement officer believes that there is an emergency situation with danger of death orserious physical injury to any person and the request for location information is narrowly tailored to address the emergency and subject to specified limitations.

    Makes a willful and knowing violation of subsection (a) of this section a Class 1 misdemeanor. Deems any evidence obtained in violation of this section to be inadmissible in any criminal, civil, administrative, or other proceeding, except as proof of a violation of this section.

    Prohibits receiving into evidence or otherwise disclosing in a trial or hearingor any procedure in federal or state court any location information or evidence derived from location information unless each party has been furnished, not less than 10 days before the court proceeding,with a copy of the order and application under which the information was obtained. Permitsthe judge to waive the 10-day period if the judge finds that meeting that deadline was not possible and that the party receiving the information less than 10 days before the proceeding will not be prejudiced by the delay in receiving the information.

    Requires any judge issuing or denying any application for a search warrant for location information during the preceding year to report on those warrants by January 31 ofeach calendar year to the Administrative Office of the Courts (AOC). Specifies what information the report is to contain.

    Directs the AOC to provide the General Assembly, by April 1 of each year beginning with 2014, with a complete report concerning the number of applicants for orders authorizing or requiring the disclosure of location information under this section, the number of times access to the location information was obtained, and the number of orders granted or denied. Specifies data to be included in the report. Authorizes the AOC to issue binding regulations dealing with the content and form of the report required to be filed by judges. Provides that a nonclassified summary of the report is to be made publicly available on the website for the General Assembly and the AOC in April of each year, beginning with 2014.

    Effective December 1, 2013, and applies to offenses occurring on or after that date, andthe requirements applyto persons seeking location information on or after that date. Provides that prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable except for this act remain applicable to those prosecutions.