Bill Summary for H 804 (2015-2016)

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Summary date: 

Apr 16 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 804 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PROVIDE ACCESS BY LAW ENFORCEMENT TO TELECOMMUNICATIONS DEVICE LOCATION INFORMATION UNDER CERTAIN CIRCUMSTANCES.
Intro. by Hurley, Glazier, Schaffer, Lambeth.

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Bill summary

Enacts new Article 16C, Provision of Wireless Call Location to Law Enforcement, in GS Chapter 15A. 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; only allows the request to be made in an emergency situation involving an imminent risk of death or serious physical harm. Provides that no cause of action can be brought against the provider or specified persons for providing the information. Requires the State Bureau of Investigation to keep a database of emergency contact information for all wireless telecommunications carriers registered to do business in the state and make the information available when requested to all public safety answering points in the state.

Enacts new GS 15A-265 to allow a law enforcement officer to install and use a pen register or trap and trace device if it is determined that: (1) an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained and (2) there are grounds upon which an order could be entered under GS Chapter 15A to authorize such installation and use. Requires the officer to seek an order approving the installation or use within 48 hours. Requires the use to stop immediately when there is no authorizing order, upon the earlier of when the information sought is obtained, when the application for the order is denied, or when 48 hours have lapsed. Makes conforming changes to GS 15A-265.