Bill Summary for H 213 (2021)

Summary date: 

May 10 2021

Bill Information:

View NCGA Bill Details2021
House Bill 213 (Public) Filed Wednesday, March 3, 2021
AN ACT TO AUTHORIZE THE PROVISION OF TELECOMMUNICATIONS DEVICE LOCATION INFORMATION TO LAW ENFORCEMENT UNDER CERTAIN EMERGENCY CIRCUMSTANCES.
Intro. by Hurley, McNeill, Carter, C. Smith.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Revises new Article 16C, Provision of Wireless Call Location to Law Enforcement, as follows. Amends proposed GS 15A-300.10 by adding that the law enforcement agency requesting call location, or on whose behalf call location data was requested, within 72 hours of requesting the data from a wireless service provider, must apply for an order under GS 15A-300.11. Also requires, instead of allowing, a wireless service provider to establish procedures for voluntary disclosure of call location data.

Amends proposed GS 15A-300.11 to now require a law enforcement agency requesting call location data, or on whose behalf the data has been requested, to apply to the superior court for an order approving the release of call location data due to the existence of emergency circumstances (previously allowed a law enforcement agency requesting call location data, or on whose behalf the data has been requested, to apply to the superior court for a finding that emergency circumstances existed). Makes conforming changes by authorizing a superior court judge to enter an ex parte order approving the release of call location data if the judge makes the already specified findings. Makes conforming changes to the statute's caption. 

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