Reference is to Printer's Date 4/2/14-H.
Amend the bill, as and if amended, 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 or court order issued by a duly authorized judge
or justice using state warrant procedures and based upon
probable cause or without a court order issued by a duly
authorized judge or justice based upon probable cause,
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 or court order issued by a
duly authorized judge or justice using state warrant procedures
and based upon probable cause or with a court order issued by a
duly authorized judge or justice based upon probable cause;
(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, unless the court orders otherwise.
(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 or court order
issued by a duly authorized judge or justice using state warrant
procedures and based upon probable cause or without a court
order issued by a duly authorized judge or justice based upon
probable cause.
(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.