SF 2466

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 05/07/2014 11:51 a.m.

1.1A bill for an act 1.2relating to public safety; requiring law enforcement to secure a court order in 1.3order to receive cell phone tracking data;amending Minnesota Statutes 2012, 1.4section 626A.28, subdivision 3; proposing coding for new law in Minnesota 1.5Statutes, chapter 626A. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2012, section 626A.28, subdivision 3, is amended to read: 1.8    Subd. 3. Records concerning electronic communication service or remote 1.9computing service. (a) Except as provided in paragraph (b) or chapter 325M, a provider 1.10of electronic communication service or remote computing service may disclose a record 1.11or other information pertaining to a subscriber to or customer of the service, not including 1.12the contents of communications covered by subdivision 1 or 2, to any person other than a 1.13governmental entity. 1.14(b) new text begin Except as provided in section 626A.42, new text end a provider of electronic communication 1.15service or remote computing service may disclose a record or other information pertaining 1.16to a subscriber to or customer of the service, not including the contents of communications 1.17covered by subdivision 1 or 2, to a governmental entity only when the governmental entity: 1.18(1) uses an administrative subpoena authorized by statute, or a grand jury subpoena; 1.19(2) obtains a warrant; 1.20(3) obtains a court order for such disclosure under subdivision 4; or 1.21(4) has the consent of the subscriber or customer to the disclosure. 1.22(c) A governmental entity receiving records or information under this subdivision is 1.23not required to provide notice to a subscriber or customer. 1.24    Sec. 2. new text begin [626A.42] ELECTRONIC DEVICE LOCATION INFORMATION. new text end 2.1     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 2.2 new text begin section. new text end 2.3 new text begin (b) An "adverse result" occurs when notification of the existence of a court order new text end 2.4 new text begin results in: new text end 2.5 new text begin (1) danger to the life or physical safety of an individual; new text end 2.6 new text begin (2) a flight from prosecution; new text end 2.7 new text begin (3) the destruction of or tampering with evidence; new text end 2.8 new text begin (4) the intimidation of potential witnesses; or new text end 2.9 new text begin (5) serious jeopardy to an investigation or undue delay of a trial. new text end 2.10 new text begin (c) "Electronic communication service" has the meaning given in section 626A.01, new text end 2.11 new text begin subdivision 17. new text end 2.12 new text begin (d) "Electronic device" means a device that enables access to or use of an electronic new text end 2.13 new text begin communication service, remote computing service, or location information service. new text end 2.14 new text begin (e) "Government entity" means a state or local agency, including but not limited to a new text end 2.15 new text begin law enforcement entity or any other investigative entity, agency, department, division, new text end 2.16 new text begin bureau, board, or commission or an individual acting or purporting to act for or on behalf new text end 2.17 new text begin of a state or local agency. new text end 2.18 new text begin (f) "Location information" means information concerning the location of an new text end 2.19 new text begin electronic device that, in whole or in part, is generated or derived from or obtained by the new text end 2.20 new text begin operation of an electronic device. new text end 2.21 new text begin (g) "Location information service" means the provision of a global positioning new text end 2.22 new text begin service or other mapping, locational, or directional information service. new text end 2.23 new text begin (h) "Remote computing service" has the meaning given in section 626A.34. new text end 2.24     new text begin Subd. 2. new text end new text begin Court order required for location information. new text end new text begin (a) Except as provided in new text end 2.25 new text begin paragraph (b), a government entity may not obtain the location information of an electronic new text end 2.26 new text begin device without a court order. A court order granting access to location information must new text end 2.27 new text begin be issued only if the government entity shows that there is probable cause the person who new text end 2.28 new text begin possesses an electronic device is committing, has committed, or is about to commit a crime. new text end 2.29 new text begin (b) A government entity may obtain location information without a court order: new text end 2.30 new text begin (1) when the electronic device is reported lost or stolen by the owner; new text end 2.31 new text begin (2) in order to respond to the user's call for emergency services; new text end 2.32 new text begin (3) with the informed, affirmative, documented consent of the owner or user of the new text end 2.33 new text begin electronic device; new text end 2.34 new text begin (4) with the informed, affirmative consent of the legal guardian or next of kin of new text end 2.35 new text begin the owner or user if the owner or user is believed to be deceased or reported missing and new text end 2.36 new text begin unable to be contacted; or new text end 3.1 new text begin (5) in an emergency situation that involves the risk of death or serious physical harm new text end 3.2 new text begin to a person who possesses an electronic communications device pursuant to sections new text end 3.3 new text begin 237.82 and 237.83. new text end 3.4     new text begin Subd. 3. new text end new text begin Time period and extensions. new text end new text begin (a) A court order issued under this section new text end 3.5 new text begin must authorize the collection of location information for a period not to exceed 60 days, or new text end 3.6 new text begin the period of time necessary to achieve the objective of the authorization, whichever is less. new text end 3.7 new text begin (b) Extensions of a court order may be granted, but only upon an application for an new text end 3.8 new text begin order and upon the judicial finding required by subdivision 2. The period of extension new text end 3.9 new text begin must be for a period not to exceed 60 days, or the period of time necessary to achieve the new text end 3.10 new text begin objective for which it is granted, whichever is less. new text end 3.11 new text begin (c) Paragraphs (a) and (b) apply only to court orders issued for the contemporaneous new text end 3.12 new text begin collection of electronic device location information. new text end 3.13     new text begin Subd. 4. new text end new text begin Notice; temporary nondisclosure of order. new text end new text begin (a) Within a reasonable time new text end 3.14 new text begin but not later than 90 days after the court unseals the order under this subdivision, the new text end 3.15 new text begin issuing or denying judge shall cause to be served on the persons named in the order and new text end 3.16 new text begin the application an inventory which shall include notice of: new text end 3.17 new text begin (1) the fact of the issuance of the order or the application; new text end 3.18 new text begin (2) the date of the issuance and the period of authorized, approved, or disapproved new text end 3.19 new text begin collection of location information, or the denial of the application; and new text end 3.20 new text begin (3) the fact that during the period location information was or was not intercepted. new text end 3.21 new text begin (b) An order authorizing collection of location information must direct that: new text end 3.22 new text begin (1) the order be sealed for a period of 90 days or until the objective of the order has new text end 3.23 new text begin been accomplished, whichever is shorter; and new text end 3.24 new text begin (2) the order be filed with the court administrator within ten days of the expiration of new text end 3.25 new text begin the order. new text end 3.26 new text begin (c) The prosecutor may request that the order, supporting affidavits, and any order new text end 3.27 new text begin granting the request not be filed. An order must be issued granting the request in whole or new text end 3.28 new text begin in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable new text end 3.29 new text begin grounds exist to believe that filing the order may cause the search or a related search to new text end 3.30 new text begin be unsuccessful, create a substantial risk of injury to an innocent person, or severely new text end 3.31 new text begin hamper an ongoing investigation. new text end 3.32 new text begin (d) The order must direct that following the commencement of any criminal new text end 3.33 new text begin proceeding utilizing evidence obtained in or as a result of the search, the supporting new text end 3.34 new text begin application or affidavit must be filed either immediately or at any other time as the court new text end 3.35 new text begin directs. Until such filing, the documents and materials ordered withheld from filing must new text end 3.36 new text begin be retained by the judge or the judge's designee. new text end 4.1     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 4.2 new text begin time as notice is provided under subdivision 4, the issuing or denying judge shall report new text end 4.3 new text begin to the state court administrator: new text end 4.4 new text begin (1) the fact that an order or extension was applied for; new text end 4.5 new text begin (2) the fact that the order or extension was granted as applied for, was modified, new text end 4.6 new text begin or was denied; new text end 4.7 new text begin (3) the period of collection authorized by the order, and the number and duration new text end 4.8 new text begin of any extensions of the order; new text end 4.9 new text begin (4) the offense specified in the order or application, or extension of an order; new text end 4.10 new text begin (5) whether the collection required contemporaneous monitoring of an electronic new text end 4.11 new text begin device's location; and new text end 4.12 new text begin (6) the identity of the applying investigative or law enforcement officer and agency new text end 4.13 new text begin making the application and the person authorizing the application. new text end 4.14 new text begin (b) On or before November 15 of each even-numbered year, the state court new text end 4.15 new text begin administrator shall transmit to the legislature a report concerning: (1) all orders authorizing new text end 4.16 new text begin the collection of location information during the two previous calendar years; and (2) all new text end 4.17 new text begin applications that were denied during the two previous calendar years. Each report shall new text end 4.18 new text begin include a summary and analysis of the data required to be filed under this subdivision. The new text end 4.19 new text begin report is public and must be available for public inspection at the Legislative Reference new text end 4.20 new text begin Library and the state court administrator's office and Web site. new text end