SF 2466

CCR--SF2466 - 88th Legislature (2013 - 2014)

Posted on 05/13/2014 01:06 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2466 1.2A bill for an act 1.3relating to public safety; requiring law enforcement to secure a tracking warrant 1.4in order to receive cell phone tracking data;amending Minnesota Statutes 2012, 1.5section 626A.28, subdivision 3; proposing coding for new law in Minnesota 1.6Statutes, chapter 626A. 1.7May 12, 2014 1.8The Honorable Sandra L. Pappas 1.9President of the Senate 1.10The Honorable Paul Thissen 1.11Speaker of the House of Representatives 1.12We, the undersigned conferees for S.F. No. 2466 report that we have agreed upon 1.13the items in dispute and recommend as follows: 1.14That the House recede from its amendments and that S.F. No. 2466 be further 1.15amended as follows: 1.16Delete everything after the enacting clause and insert: 1.17    "Section 1. Minnesota Statutes 2012, section 626A.28, subdivision 3, is amended to 1.18read: 1.19    Subd. 3. Records concerning electronic communication service or remote 1.20computing service. (a) Except as provided in paragraph (b) or chapter 325M, a provider 1.21of electronic communication service or remote computing service may disclose a record 1.22or other information pertaining to a subscriber to or customer of the service, not including 1.23the contents of communications covered by subdivision 1 or 2, to any person other than a 1.24governmental entity. 1.25(b) A provider of electronic communication service or remote computing service 1.26may disclose a record or other information pertaining to a subscriber to or customer of the 1.27service, not including the contents of communications covered by subdivision 1 or 2, to a 1.28governmental entity only when the governmental entity: 1.29(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena; 1.30(2) obtains a warrant; 2.1(3) obtains a court order for such disclosure under subdivision 4; or 2.2(4) has the consent of the subscriber or customer to the disclosure. 2.3(c) A governmental entity receiving records or information under this subdivision is 2.4not required to provide notice to a subscriber or customer. 2.5 new text begin (d) Notwithstanding paragraph (b), a provider of electronic communication service new text end 2.6 new text begin or remote computing service may not disclose location information covered by section new text end 2.7 new text begin 626A.42 to a government entity except as provided in that section. new text end 2.8    Sec. 2. new text begin [626A.42] ELECTRONIC DEVICE LOCATION INFORMATION. new text end 2.9     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) The definitions in this subdivision apply to this new text end 2.10 new text begin section. new text end 2.11 new text begin (b) "Electronic communication service" has the meaning given in section 626A.01, new text end 2.12 new text begin subdivision 17. new text end 2.13 new text begin (c) "Electronic device" means a device that enables access to or use of an electronic new text end 2.14 new text begin communication service, remote computing service, or location information service. new text end 2.15 new text begin (d) "Government entity" means a state or local agency, including but not limited to a new text end 2.16 new text begin law enforcement entity or any other investigative entity, agency, department, division, new text end 2.17 new text begin bureau, board, or commission or an individual acting or purporting to act for or on behalf new text end 2.18 new text begin of a state or local agency. new text end 2.19 new text begin (e) "Location information" means information concerning the location of an new text end 2.20 new text begin electronic device that, in whole or in part, is generated or derived from or obtained by the new text end 2.21 new text begin operation of an electronic device. new text end 2.22 new text begin (f) "Location information service" means the provision of a global positioning new text end 2.23 new text begin service or other mapping, locational, or directional information service. new text end 2.24 new text begin (g) "Remote computing service" has the meaning given in section 626A.34. new text end 2.25 new text begin (h) "Tracking warrant" means an order in writing, in the name of the state, signed new text end 2.26 new text begin by a court other than a court exercising probate jurisdiction, directed to a peace officer, new text end 2.27 new text begin granting the officer access to location information of an electronic device. new text end 2.28     new text begin Subd. 2. new text end new text begin Tracking warrant required for location information. new text end new text begin (a) Except as new text end 2.29 new text begin provided in paragraph (b), a government entity may not obtain the location information of new text end 2.30 new text begin an electronic device without a tracking warrant. A warrant granting access to location new text end 2.31 new text begin information must be issued only if the government entity shows that there is probable cause new text end 2.32 new text begin the person who possesses an electronic device is committing, has committed, or is about to new text end 2.33 new text begin commit a crime. An application for a warrant must be made in writing and include: new text end 2.34 new text begin (1) the identity of the government entity's peace officer making the application, and new text end 2.35 new text begin the officer authorizing the application; and new text end 3.1 new text begin (2) a full and complete statement of the facts and circumstances relied on by the new text end 3.2 new text begin applicant to justify the applicant's belief that a warrant should be issued, including (i) new text end 3.3 new text begin details as to the particular offense that has been, is being, or is about to be committed, new text end 3.4 new text begin and (ii) the identity of the person, if known, committing the offense whose location new text end 3.5 new text begin information is to be obtained. new text end 3.6 new text begin (b) A government entity may obtain location information without a tracking warrant: new text end 3.7 new text begin (1) when the electronic device is reported lost or stolen by the owner; new text end 3.8 new text begin (2) in order to respond to the user's call for emergency services; new text end 3.9 new text begin (3) with the informed, affirmative, documented consent of the owner or user of the new text end 3.10 new text begin electronic device; new text end 3.11 new text begin (4) with the informed, affirmative consent of the legal guardian or next of kin of new text end 3.12 new text begin the owner or user if the owner or user is believed to be deceased or reported missing and new text end 3.13 new text begin unable to be contacted; or new text end 3.14 new text begin (5) in an emergency situation that involves the risk of death or serious physical harm new text end 3.15 new text begin to a person who possesses an electronic communications device pursuant to sections new text end 3.16 new text begin 237.82 and 237.83. new text end 3.17     new text begin Subd. 3. new text end new text begin Time period and extensions. new text end new text begin (a) A tracking warrant issued under this new text end 3.18 new text begin section must authorize the collection of location information for a period not to exceed new text end 3.19 new text begin 60 days, or the period of time necessary to achieve the objective of the authorization, new text end 3.20 new text begin whichever is less. new text end 3.21 new text begin (b) Extensions of a tracking warrant may be granted, but only upon an application new text end 3.22 new text begin for an order and upon the judicial finding required by subdivision 2, paragraph (a). The new text end 3.23 new text begin period of extension must be for a period not to exceed 60 days, or the period of time new text end 3.24 new text begin necessary to achieve the objective for which it is granted, whichever is less. new text end 3.25 new text begin (c) Paragraphs (a) and (b) apply only to tracking warrants issued for the new text end 3.26 new text begin contemporaneous collection of electronic device location information. new text end 3.27     new text begin Subd. 4. new text end new text begin Notice; temporary nondisclosure of tracking warrant. new text end new text begin (a) Within a new text end 3.28 new text begin reasonable time but not later than 90 days after the court unseals the tracking warrant new text end 3.29 new text begin under this subdivision, the issuing or denying judge shall cause to be served on the persons new text end 3.30 new text begin named in the warrant and the application an inventory which shall include notice of: new text end 3.31 new text begin (1) the fact of the issuance of the warrant or the application; new text end 3.32 new text begin (2) the date of the issuance and the period of authorized, approved, or disapproved new text end 3.33 new text begin collection of location information, or the denial of the application; and new text end 3.34 new text begin (3) the fact that during the period location information was or was not collected. new text end 3.35 new text begin (b) A tracking warrant authorizing collection of location information must direct that: new text end 4.1 new text begin (1) the warrant be sealed for a period of 90 days or until the objective of the warrant new text end 4.2 new text begin has been accomplished, whichever is shorter; and new text end 4.3 new text begin (2) the warrant be filed with the court administrator within ten days of the expiration new text end 4.4 new text begin of the warrant. new text end 4.5 new text begin (c) The prosecutor may request that the tracking warrant, supporting affidavits, and new text end 4.6 new text begin any order granting the request not be filed. An order must be issued granting the request in new text end 4.7 new text begin whole or in part if, from affidavits, sworn testimony, or other evidence, the court finds new text end 4.8 new text begin reasonable grounds exist to believe that filing the warrant may cause the search or a related new text end 4.9 new text begin search to be unsuccessful, create a substantial risk of injury to an innocent person, or new text end 4.10 new text begin severely hamper an ongoing investigation. new text end 4.11 new text begin (d) The tracking warrant must direct that following the commencement of any new text end 4.12 new text begin criminal proceeding utilizing evidence obtained in or as a result of the search, the new text end 4.13 new text begin supporting application or affidavit must be filed either immediately or at any other time as new text end 4.14 new text begin the court directs. Until such filing, the documents and materials ordered withheld from new text end 4.15 new text begin filing must be retained by the judge or the judge's designee. new text end 4.16     new text begin Subd. 5. new text end new text begin Report concerning collection of location information. new text end new text begin (a) At the same new text end 4.17 new text begin time as notice is provided under subdivision 4, the issuing or denying judge shall report new text end 4.18 new text begin to the state court administrator: new text end 4.19 new text begin (1) the fact that a tracking warrant or extension was applied for; new text end 4.20 new text begin (2) the fact that the warrant or extension was granted as applied for, was modified, new text end 4.21 new text begin or was denied; new text end 4.22 new text begin (3) the period of collection authorized by the warrant, and the number and duration new text end 4.23 new text begin of any extensions of the warrant; new text end 4.24 new text begin (4) the offense specified in the warrant or application, or extension of a warrant; new text end 4.25 new text begin (5) whether the collection required contemporaneous monitoring of an electronic new text end 4.26 new text begin device's location; and new text end 4.27 new text begin (6) the identity of the applying investigative or peace officer and agency making new text end 4.28 new text begin the application and the person authorizing the application. new text end 4.29 new text begin (b) On or before November 15 of each even-numbered year, the state court new text end 4.30 new text begin administrator shall transmit to the legislature a report concerning: (1) all tracking warrants new text end 4.31 new text begin authorizing the collection of location information during the two previous calendar new text end 4.32 new text begin years; and (2) all applications that were denied during the two previous calendar years. new text end 4.33 new text begin Each report shall include a summary and analysis of the data required to be filed under new text end 4.34 new text begin this subdivision. The report is public and must be available for public inspection at the new text end 4.35 new text begin Legislative Reference Library and the state court administrator's office and Web site. new text end 5.1     new text begin Subd. 6. new text end new text begin Prohibition on use of evidence. new text end new text begin (a) Except as proof of a violation of new text end 5.2 new text begin this section, no evidence obtained in violation of this section shall be admissible in any new text end 5.3 new text begin criminal, civil, administrative, or other proceeding. new text end 5.4 new text begin (b) Any location information obtained pursuant to this chapter or evidence derived new text end 5.5 new text begin therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or new text end 5.6 new text begin other proceeding in a federal or state court unless each party, not less than ten days before new text end 5.7 new text begin the trial, hearing, or proceeding, has been furnished with a copy of the tracking warrant, new text end 5.8 new text begin and accompanying application, under which the information was obtained. This ten-day new text end 5.9 new text begin period may be waived by the judge if the judge finds that it was not possible to furnish a new text end 5.10 new text begin party with the required information ten days before the trial, hearing, or proceeding and new text end 5.11 new text begin that a party will not be prejudiced by the delay in receiving the information. new text end " 5.12Delete the title and insert: 5.13"A bill for an act 5.14relating to public safety; requiring law enforcement to secure a tracking warrant 5.15in order to receive electronic device location information;amending Minnesota 5.16Statutes 2012, section 626A.28, subdivision 3; proposing coding for new law in 5.17Minnesota Statutes, chapter 626A." 6.1 We request the adoption of this report and repassage of the bill. 6.2 Senate Conferees: 6.3 ..... ..... 6.4 Branden Petersen D. Scott Dibble 6.5 ..... 6.6 Bobby Joe Champion 6.7 House Conferees: 6.8 ..... ..... 6.9 Joe Atkins John Lesch 6.10 ..... 6.11 Tony Cornish