View Amendment Current Amendment: 2 to Bill 4791 Representative SELLERS proposes the following Amendment No. 2 to H. 4791 (COUNCIL\BH\4791C002.BH.DG14):

Reference is to the bill as introduced.

Amend the bill, as and if amended, SECTION 1, by striking Section 23-53-50 and inserting:

/      Section 23-53-50.      Notice must be given to the owner or subscriber whose electronic device was searched or whose geolocation information or electronic data was obtained by a governmental entity unless the search, geolocation information, or electronic data pertains to a suspect in an investigation or the identity of the owner or subscriber is not readily known. A law enforcement officer or prosecutor seeking electronic data pursuant to Section 23-53-40 may apply to a court of record for an order commanding the service provider to whom a warrant, subpoena, or court order is directed not to disclose to any person the existence of the warrant, subpoena, or court order. Also, a law enforcement entity shall not disclose the existence of the warrant, subpoena, or court order as ordered by the court. The order is effective for the period the court considers appropriate. The court shall enter the order if the court determines that there is reason to believe that notification of the existence of the warrant, subpoena, or court order will have an adverse result. For purposes of this section, an 'adverse result' means:
     (1)      endangering the life or physical safety of an individual;
     (2)      flight from prosecution;
     (3)      destruction of or tampering with evidence; or
     (4)      intimidation of a potential witness.      /

Renumber sections to conform.
Amend title to conform.