View Amendment Current Amendment: 3 to Bill 4791 Rep. RUTHERFORD proposes the following Amendment No. 3 to H. 4791 (COUNCIL\BH\4791C007.BH.DG14):

Reference is to Printer's Date [SEC 4/3/14 3:37 PM].

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/      SECTION      1.      Chapter 1, Title 23 of the 1976 Code is amended by adding:

     "Section 23-1-250.      (A)      Except as provided in another provision of law, absent the consent of the owner, a governmental entity may not, without a valid search warrant issued by a duly authorized judge or justice using state warrant procedures:
           (1)      conduct a search of a telecommunications device;
           (2)      confiscate a telecommunications device and retain it as evidence pending trial; or
           (3)      extract or otherwise download information from a telecommunications device unless:
           (a)      the police officer has probable cause to believe that the telecommunications device has been used in the commission of a crime;
           (b)      the information is extracted or otherwise downloaded under a valid search warrant; or
           (c)      the extraction or download is otherwise authorized by law.
     (B)      Except as proof of a violation of this section, information obtained in violation of this section is not admissible as evidence in a criminal, civil, administrative, or other proceeding."

SECTION      2.      The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION      3.      This act takes effect upon approval by the Governor.


Renumber sections to conform.
Amend title to conform.