Rep. RUTHERFORD proposes the following Amendment No. to H. 4451 (COUNCIL\SWB\5173CM12):

Reference is to Printer's Date 2/9/12-H.

Amend the bill, as and if amended, Section 56-5-3890, as contained in SECTION 1, by adding the following appropriately lettered subsection:

     /      ( )      Notwithstanding another provision of law, information contained or stored in an electronic communications device is not subject to a search by a law enforcement officer incident to a lawful custodial arrest except pursuant to the provisions of Section 17-13-140 providing for the issuance, execution, and return of a search warrant or pursuant to the express written consent of the person subject to the lawful custodial arrest or other lawful owner of the device. /

Renumber sections to conform.
Amend title to conform.