Bill Summary for H 213 (2021-2022)

Summary date: 

Apr 21 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 1st edition.

Revises new Article 16C, Provision of Wireless Call Location to Law Enforcement, in GS Chapter 15A, which 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. Now more specifically limits the request to be made in an emergency situation involving an imminent risk of death or serious physical harm at the time of the request (previously did not require the imminent risk to be at the time of the request). Adds that call location data, as defined, obtained pursuant to the new Article is not admissible as evidence in a criminal prosecution unless a finding of emergency circumstances has been made pursuant to new GS 15A-300.11, as enacted, or the data is other admissible under another law or exception. Expands the immunity granted to the provider or other persons providing the call location data to include criminal immunity as well as civil immunity. 

Enacts GS 15A-300.11 to allow a law enforcement agency requesting call location data under the new Article, or on whose behalf the data has been requested, to apply to the superior court within 72 hours of the initial request for a finding that emergency circumstances existed. Authorizes a superior court judge to enter an ex parte ruling if the judge finds that, at the time of the request, an emergency situation that involved an imminent risk of death or serious physical harm existed and only the amount of data reasonably necessary to prevent the imminent death or serious physical harm was requested.

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