HF 2940

as introduced - 88th Legislature (2013 - 2014) Posted on 03/10/2014 01:22pm

A bill for an act
relating to public safety; restricting the possession and use of electronic device
surveillance equipment; proposing coding for new law in Minnesota Statutes,
chapter 299C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [299C.26] ELECTRONIC DEVICE SURVEILLANCE EQUIPMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Possession. new text end

new text begin The Bureau of Criminal Apprehension is the sole
governmental entity authorized to own or possess a piece of electronic device surveillance
equipment.
new text end

new text begin Subd. 2. new text end

new text begin Temporary use. new text end

new text begin Upon written application, the superintendent may
authorize a law enforcement agency to use a piece of electronic device surveillance
equipment controlled by the bureau for investigatory purposes. The application must
contain a detailed explanation of the designated investigation and include copies of valid
search warrants, when required by law.
new text end

new text begin Subd. 3. new text end

new text begin Surrender. new text end

new text begin An agency, other than the bureau, that possesses a piece of
electronic device surveillance equipment on the effective date of this law, must surrender
the device to the superintendent within 30 days of the law taking effect.
new text end

new text begin Subd. 4. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Electronic communication service" has the meaning given in section 626A.01,
subdivision 17.
new text end

new text begin (c) "Electronic device" means a device that enables access to or use of an electronic
communication service, remote computing service, or location information service.
new text end

new text begin (d) "Electronic device surveillance equipment" means a device capable of tracking
the location or recording the location information of an electronic device.
new text end

new text begin (e) "Location information" means information concerning the location of an
electronic device that, in whole or in part, is generated or derived from or obtained by the
operation of an electronic device.
new text end

new text begin (f) "Location information service" means the provision of a global positioning
service or other mapping, locational, or directional information service.
new text end

new text begin (g) "Remote computing service" has the meaning given in section 626A.34.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This act is effective the day following final enactment.
new text end