Reference is to Printer's Date 4/2/14-H.
Amend the bill, as and if amended, SECTION 1, by striking Section 23-53-40 and Section 23-53-50 in their entirety, and inserting:
/ Section 23-53-40. (A)
Except as provided in this chapter or
another provision of law, a governmental entity may not conduct
a search of an electronic device in the possession of an
individual incident to a lawful custodial arrest without a valid
search warrant issued by a duly authorized judge or justice
using state warrant procedures except:
(1) with the consent of the owner, operator, or subscriber of the electronic device;
(2) in exigent circumstances that would cause a reasonable person to believe that a search is necessary to prevent physical harm to the officers or other persons, the destruction of evidence, or the escape of a suspect; or
(3) when the electronic device has been abandoned by the owner, operator, or subscriber.
(B) If an electronic device is searched pursuant to subsection (A)(2), the law enforcement agency shall notify a court of record of the search within two business days of the search being performed.
(C) A governmental entity may not obtain geolocation information revealing the past, present, or future location of an electronic device except:
(1) with a valid search warrant issued by a duly authorized judge or justice using state warrant procedures;
(2) with the consent of a parent or legal guardian of a minor, vulnerable adult, or person adjudicated to be mentally incompetent to whom the geolocation information pertains;
(3) when such geolocation information is accessed through a system that is configured so that such information is readily accessible to the general public; or
(4) when such geolocation information is accessed because of exigent circumstances that would cause a reasonable person to believe that a such information is necessary to prevent physical harm to the officers or other persons or the escape of a suspect;
(5) to locate a stolen electronic device with the consent of the owner, operator, or subscriber of such device; or
(6) in an emergency, if the geolocation information is used to respond to a request for assistance from the person to whom the information pertains.
(D) If a law enforcement agency obtains geolocation information pursuant to subsection (C)(4), the law enforcement agency shall notify a court of record of the information being obtained within two business days.
(E)(1) A search warrant, order from a court of record, or a subpoena may be issued for electronic data, including the contents of and records and other information related to electronic communication held in electronic storage, by a provider of an electronic communications service or a provider of a remote computing service regardless of whether the owner's, operator's, or subscriber's data is held at a location in this State or at a location in another state.
(2) A search warrant, order from a court of record, or a subpoena issued pursuant to this chapter may be served only on a service provider that is a domestic entity or a company or entity otherwise doing business in the United States under a contract or terms of service agreement with a resident of the United States, if any part of that contract or agreement is to be performed in this State, and the service provider shall produce all information sought regardless of where the information is held and within the period allowed for by law for compliance with the warrant or the order from the court of record.
(F)(1) A governmental entity may not compel an electronic communication service or remote computing service to disclose the content of a user's communications without a valid search warrant issued by a duly authorized judge or justice using state warrant procedures.
(2) Notwithstanding item (1), an electronic communication service or remote computing service may disclose the content of a user's communications to a governmental entity:
(a) to an addressee or intended recipient of such communication or an agent of such addressee or intended recipient;
(b) with the lawful consent of the originator or an addressee or intended recipient of such communication, or the subscriber in the case of remote computing service;
(c) to a person employed or authorized or whose facilities are used to forward such communication to its destination;
(d) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;
(e) to the National Center for Missing and Exploited Children, in connection with a report submitted pursuant to 18 U.S.C. Section 2258A;
(f) to a law enforcement agency, if the contents:
(i) were inadvertently obtained by the service provider; and
(ii) appear to pertain to the commission of a crime; and
(g) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency. /
Renumber sections to conform.
Amend title to conform.