Bill Summary for H 608 (2019-2020)

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Summary date: 

May 1 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 608 (Public) Filed Thursday, April 4, 2019
AN ACT TO ALLOW THE SBI TO CONDUCT WARRANTLESS USE OF A PEN REGISTER OR TRAP AND TRACE DEVICE IN EMERGENCY SITUATIONS.
Intro. by McNeill, Hurley.

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Bill summary

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

Makes a technical change to the proposed definition of location data set out in GS 15A-260.

Modifies the proposed additional grounds under GS 15A-263 a judge may use to enter an ex parte order authorizing the installation and use of a pen register or trap and trace device. Now allows an order authorizing the installation and use of the devices upon the judge finding that there exists an emergency situation involving the disappearance of an individual, runaway child, or a missing person for which no criminal charge is readily apparent that involves an imminent risk of death or serious physical harm, and that the information gained from the use of the requested device will provide material aid in locating the described individual at imminent risk of death or serious physical harm (previously referred to the results rather than the use of the devices aiding in the individual's location; did not specify that the individual which the devices are aiding in locating must be the one described in the emergency situation finding).   

Modifies proposed GS 15A-265, which authorizes an SBI agent to install without a warrant on an emergency basis a pen register or trap and trace device, to require the agent to obtain permission of the agent's supervisor. Requires that any information gained from the use of pen registers or trap and trace devices under the statute not required to be retained for discovery purposes in a criminal prosecution be destroyed as soon as practicable upon the resolution of the emergency situation.