HF 2309

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:51pm

A bill for an act
relating to public safety; enabling the reporting of information related to the use
of electronic device location tracking warrants; amending Minnesota Statutes 2016,
sections 626A.08, subdivision 2; 626A.37, subdivision 4.

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

Section 1.

Minnesota Statutes 2016, section 626A.08, subdivision 2, is amended to read:

Subd. 2.

Application and orders.

new text begin (a) new text end Applications made and warrants issued under this
chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever
the judge directs. Such applications and orders shall be disclosed only upon a showing of
good cause before a judge of the district court and shall not be destroyed except on order
of the issuing or denying judge, and in any event shall be kept for ten years.

new text begin (b) Notwithstanding paragraph (a), the filing, sealing, and reporting requirements for
applications made and warrants issued under this chapter that involve location information
of electronic devices, as defined in section 626A.42, are governed by section 626A.42,
subdivision 4. However, applications and warrants, or portions of applications and warrants,
that do not involve location information of electronic devices continue to be governed by
paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2016, section 626A.37, subdivision 4, is amended to read:

Subd. 4.

Nondisclosure of existence of pen register, trap and trace device, or mobile
tracking device.

new text begin (a) new text end An order authorizing or approving the installation and use of a pen
register, trap and trace device, or a mobile tracking device must direct that:

(1) the order be sealed until otherwise ordered by the court; and

(2) the person owning or leasing the line to which the pen register or a trap and trace
device is attached, or who has been ordered by the court to provide assistance to the applicant,
not disclose the existence of the pen register, trap and trace device, mobile tracking device,
or the existence of the investigation to the listed subscriber, or to any other person, unless
or until otherwise ordered by the court.

new text begin (b) Paragraph (a) does not apply to an order that involves location information of
electronic devices, as defined in section 626A.42. Instead, the filing, sealing, and reporting
requirements for those orders are governed by section 626A.42, subdivision 4. However,
any portion of an order that does not involve location information of electronic devices
continues to be governed by paragraph (a).
new text end