as introduced - 91st Legislature (2019 - 2020) Posted on 05/09/2020 01:54pm
A bill for an act
relating to public safety; expanding the scope of location tracking warrants;
amending Minnesota Statutes 2018, section 626A.42, subdivisions 1, 2, 3, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 626A.42, subdivision 1, is amended to read:
(a) The definitions in this subdivision apply to this section.
(b) "Electronic communication service" has the meaning given in section 626A.01,
(c) "Electronic device" means a device that enables access to or use of an electronic
communication service, remote computing service, or location information service.
(d) "Government entity" means a state or local agency, including but not limited to a
law enforcement entity or any other investigative entity, agency, department, division,
bureau, board, or commission or an individual acting or purporting to act for or on behalf
of a state or local agency.
(e) "Location information" means information concerning the location of an electronic
device new text beginnew text endthat, in whole or in part, is generated or derived from or obtained
by the operation of an electronic devicenew text beginnew text end.
(f) "Location information service" means the provision of a global positioning service
or other mapping, locational, or directional information service.
(g) "Remote computing service" has the meaning given in section 626A.34.
(h) "Tracking warrant" means an order in writing, in the name of the state, signed by a
court other than a court exercising probate jurisdiction, directed to a peace officer, granting
the officer access to location information of an electronic devicenew text beginnew text end.
new text begin new text end
Minnesota Statutes 2018, section 626A.42, subdivision 2, is amended to read:
(a) Except as provided
in paragraph (b), a government entity may not obtain the location information of an electronic
devicenew text beginnew text end without a tracking warrant. A warrant granting access to location
information must be issued only if the government entity shows that there is probable cause
the person who possesses an electronic devicenew text beginnew text end is committing,
has committed, or is about to commit a crime. An application for a warrant must be made
in writing and include:
(1) the identity of the government entity's peace officer making the application, and the
officer authorizing the application; and
(2) a full and complete statement of the facts and circumstances relied on by the applicant
to justify the applicant's belief that a warrant should be issued, including (i) details as to the
particular offense that has been, is being, or is about to be committed, and (ii) the identity
of the person, if known, committing the offense whose location information is to be obtained.
(b) A government entity may obtain location information without a tracking warrant:
(1) when the electronic device is reported lost or stolen by the owner;
(2) in order to respond to the user's call new text beginnew text endfor emergency services;
(3) with the informed, affirmative, documented consent of the owner or user of the
electronic devicenew text beginnew text end;
(4) with the informed, affirmative consent of the legal guardian or next of kin of the
owner or user if the owner or user is believed to be deceased or reported missing and unable
to be contacted; or
(5) in an emergency situation that involves the risk of death or serious physical harm to
a person who possesses an electronic communications device pursuant to sections 237.82
and 237.83new text beginnew text end.
Minnesota Statutes 2018, section 626A.42, subdivision 3, is amended to read:
(a) A tracking warrant issued under this section
must authorize the collection of location information for a period not to exceed 60 days, or
the period of time necessary to achieve the objective of the authorization, whichever is less.
(b) Extensions of a tracking warrant may be granted, but only upon an application for
an order and upon the judicial finding required by subdivision 2, paragraph (a). The period
of extension must be for a period not to exceed 60 days, or the period of time necessary to
achieve the objective for which it is granted, whichever is less.
(c) Paragraphs (a) and (b) apply only to tracking warrants issued for the contemporaneous
collection of electronic device new text beginnew text endlocation information.
Minnesota Statutes 2018, section 626A.42, subdivision 5, is amended to read:
(a) At the same time
as notice is provided under subdivision 4, the issuing or denying judge shall report to the
state court administrator:
(1) the fact that a tracking warrant or extension was applied for;
(2) the fact that the warrant or extension was granted as applied for, was modified, or
(3) the period of collection authorized by the warrant, and the number and duration of
any extensions of the warrant;
(4) the offense specified in the warrant or application, or extension of a warrant;
(5) whether the collection required contemporaneous monitoring of an electronic device's
new text beginnew text endlocation; and
(6) the identity of the applying investigative or peace officer and agency making the
application and the person authorizing the application.
(b) On or before November 15 of each even-numbered year, the state court administrator
shall transmit to the legislature a report concerning: (1) all tracking warrants authorizing
the collection of location information during the two previous calendar years; and (2) all
applications that were denied during the two previous calendar years. Each report shall
include a summary and analysis of the data required to be filed under this subdivision. The
report is public and must be available for public inspection at the Legislative Reference
Library and the state court administrator's office and website.