Bill Summary for H 148 (2021-2022)

Summary date: 

Mar 17 2021

Bill Information:

View NCGA Bill Details2021
House Bill 148 (Public) Filed Wednesday, February 24, 2021
AN ACT TO ALLOW THE SBI TO USE A PEN REGISTER OR TRAP AND TRACE DEVICE IN EMERGENCY SITUATIONS.
Intro. by McNeill, Hurley, C. Smith, Greene.

View: All Summaries for BillTracking:

Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends the proposed definition of law enforcement officer in GS 15A-260 to include Alcohol Law Enforcement (ALE) agents. 

Modifies and adds to the proposed changes to GS 15A-263(a) regarding what a judge must find before entering an ex parte order authorizing the installation and use of a pen register or trap and trace device. Deletes the change in the standard for situations involving the commission of a felony, Class A1 or Class 1 misdemeanor offense from reasonable suspicion to probable cause, reinstating the reasonable suspicion standard. Distinguishes situations that include location data requests to raise the standard to the probable cause standard. Makes conforming changes. Makes clarifying and technical changes.    

Amends new GS 15A-265, which authorizes an SBI agent, with permission from the agent's supervisor, to install without a warrant on an emergency basis a pen register or trap and trace device, but requiring the agent to seek an order approving the installation or use within 48 hours; without the order, the installation or use must immediately terminate when the information is sought, the request for an order is denied, or 48 hours has passed, whichever occurs first. Clarifies that the agent must seek an order approving the installation within 48 hours after the installation begins regardless of whether the use of the pen register or trap and trace device is terminated prior to seeking the order. Adds that nonissuance of such an order makes any information obtained inadmissible evidence in a criminal prosecution unless otherwise admissible under another law or exception to the rules of evidence. Makes conforming changes to reflect the modifications made to the required findings for ex parte orders authorizing the installation and use of a pen register or trap and trace device under GS 15A-263(a) as amended. 

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view