Bill Text: AZ HB2465 | 2021 | Fifty-fifth Legislature 1st Regular | Introduced
Bill Title: Search warrants; procedures; notifications
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-24 - Assigned to House RULES Committee [HB2465 Detail]
Download: Arizona-2021-HB2465-Introduced.html
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REFERENCE TITLE: search warrants; procedures; notifications |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2465 |
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Introduced by Representative Payne
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AN ACT
amending section 13‑3001, Arizona Revised Statutes; amending title 13, chapter 30, Arizona Revised Statutes, by adding section 13‑3007; Amending Sections 13‑3010, 13‑3011, 13-3012, 13‑3016, 13‑3017 and 13‑3018, Arizona Revised Statutes; relating to search warrants.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-3001, Arizona Revised Statutes, is amended to read:
13-3001. Definitions
In this chapter, unless the context otherwise requires:
1. "Aural transfer" means a communication containing the human voice at any point between and including the point of origin and the point of reception.
2. "Child monitoring device" means a device that is capable of transmitting an audio or audiovisual signal and that is installed or used in a residence for child supervision or safety monitoring by any parent, guardian or other responsible person in the person's own residence.
3. "Communication service provider" means any person who is engaged in providing a service that allows its users to send or receive oral, wire or electronic communications or computer services.
4. "Electronic communication" or "data":
(a) Means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature information or data that is transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system. but that
(b) Includes signs, signals, writing, images, sounds, data or intelligence of any nature.
(b) (c) Does not include any of the following:
(a) (i) Any wire or oral communication.
(b) (ii) Any communication made through a tone‑only paging device.
(c) (iii) Any communication from a tracking device.
5. "Electronic communication system" means any communication or computer facilities or related electronic equipment for the transmission, processing or electronic storage of electronic communications.
6. "Electronic device" means a device that enables access to or use of an electronic communication service, remote computing service or location information service.
6. 7. "Electronic storage" means either of the following:
(a) Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission.
(b) Any storage of the communication by an electronic communication service provider for purposes of backup protection of the communication.
7. 8. "Intercept" means the aural or other acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.
8. 9. "Oral communication" means a spoken communication that is uttered by a person who exhibits an expectation that the communication is not subject to interception under circumstances justifying the expectation but does not include any electronic communication.
9. 10. "Pen register" means a device or process that records or decodes electronic or other impulses that identify the numbers dialed or otherwise transmitted on the telephone line or communication facility to which the device is attached or the dialing, routing, addressing or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted but does not include the contents of any communication, except when used in connection with a court order issued pursuant to section 13‑3010 or 13‑3012. A pen register does not include a publicly available device or process that is otherwise not unlawful.
10. 11. "Person" means any individual, enterprise, public or private corporation, unincorporated association, partnership, firm, society, governmental authority or entity, including the subscriber to the communication service involved, and any law enforcement officer.
11. 12. "Readily accessible to the general public" means a radio communication that is not:
(a) Scrambled or encrypted.
(b) Transmitted using modulation techniques with essential parameters that have been withheld from the public to preserve the privacy of the communication.
(c) Carried on a subcarrier or other signal subsidiary to a radio transmission.
(d) Transmitted over a communication system provided by a common carrier, unless the communication is a tone‑only paging system communication.
(e) Transmitted on frequencies allocated under part 25, subpart D, E or F or part 74 or part 94 of the rules of the federal communications commission. If a communication transmitted on a frequency allocated under part 74 is not exclusively allocated to broadcast auxiliary services, the communication is a two‑way voice communication system by radio.
12. 13. "Remote computing service" means providing to the public any computer storage or processing services by means of an electronic communication system.
14. "Subscriber record" means a record or information of a provider of an electronic communication service or remote computing service that reveals all of the following for the subscriber or customer:
(a) Name.
(b) Address.
(c) Local and long‑distance telephone connection record or record of session time and duration.
(d) Length of service, including the start date.
(e) Type of service used.
(f) telephone number, instrument number or other subscriber or customer number or identification, including a temporarily assigned network address.
(g) Means and source of payment for the service, including a credit card or bank account number.
13. 15. "Trap and trace device" means a device or process that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted or the dialing, routing, addressing and signaling information that is reasonably likely to identify the source of a wire or electronic communication but does not include the content of any communication, except when used in connection with a court order issued pursuant to section 13‑3010 or 13‑3012. A trap and trace device does not include a publicly available device or process that is otherwise not unlawful.
14. 16. "Wire communication" means any aural transfer that is made in whole or in part through the use of facilities for the transmission of communications by the aid of any wire, cable or other like connection between the point of origin and the point of reception, including the use of a connection in a switching station, and that is furnished or operated by any person who is engaged in providing or operating the facilities for the transmission of communications.
Sec. 2. Title 13, chapter 30, Arizona Revised Statutes, is amended by adding section 13-3007, to read:
13-3007. Exclusion of records; privacy
All electronic information or data and records of a provider of an electronic communication service or remote computing service pertaining to a subscriber or customer that are obtained in violation of this chapter are subject to the rules of evidence governing exclusion as if the records were obtained in violation of the Fourth Amendment to the United States Constitution and Article II, Section 8, Constitution of Arizona.
Sec. 3. Section 13-3010, Arizona Revised Statutes, is amended to read:
13-3010. Ex parte order for interception; definition
A. On application of a county attorney, the attorney general or a prosecuting attorney whom a county attorney or the attorney general designates in writing, any justice of the supreme court, or judge of the court of appeals or superior court judge may issue an ex parte order for the interception of wire, electronic or oral communications if there is probable cause to believe both:
1. A crime has been, is being or is about to be committed.
2. Evidence of that crime or the location of a fugitive from justice from that crime may be obtained by the interception.
B. An application under subsection A shall be made in writing and upon on the oath or affirmation of the applicant. It The application shall include:
1. The name and title of the applicant.
2. A full and complete statement of the facts and circumstances relied upon on by the applicant, including the supporting oath or affirmation of the investigating peace officer of this state or any political subdivision of this state to justify the officer's belief that an order should be issued. The statement shall include:
(a) Details as to the particular crime that has been, is being or is about to be committed.
(b) The identity of the person, if known, committing the offense and whose communications are to be intercepted.
(c) A particular description of the type of communications sought to be intercepted.
(d) A particular description of the nature, identification and location of the communication facility from which or the place where the communication is to be intercepted. If the identification or specific description of the communication facility from which or the place where the communication is to be intercepted is not practical, the affidavit in support of the application must state why:
(i) Specification is impractical.
(ii) Interception from any facility or at any place where the communication may occur is necessary.
3. A full and complete statement as to whether or not other investigative procedures, including the issuance of a search warrant, have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous.
4. A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that authorization to intercept should not automatically terminate when the described type of communication has been first obtained, the statement shall include a particular description of facts establishing probable cause to believe that additional communications of the same type will occur after the communication has been first obtained.
5. A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept, or for approval of interceptions of communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each application.
6. If the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
C. Upon On proper application, a judge may enter an ex parte order authorizing interception, as requested or with any appropriate modifications, if the judge determines on the basis of the facts submitted by the applicant that:
1. There is probable cause to believe that a person is committing, has committed or is about to commit a particular crime.
2. There is probable cause to believe that particular communications concerning that offense will be obtained through the interception.
3. Normal investigative procedures, including the issuance of a search warrant, have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous.
4. There is probable cause to believe any of the following:
(a) Wire or electronic communications concerning the offense are being made or are about to be made by the person over the communication facilities for which interception authority is granted.
(b) Oral communications concerning the offense are being made or are about to be made by the person in the location for which interception authority is granted.
(c) Communications concerning the offense are being made or are about to be made by the person in different and changing locations, or from different and changing facilities.
D. Each order authorizing the interception of any wire, electronic or oral communication shall specify all of the following:
1. The identity of the person, if known, whose communications are to be intercepted.
2. The nature and location of the communication facilities as to which or the place where authority to intercept is granted. If authority is granted to intercept communications of a person wherever that person is located or from whatever communication facility is used, the order shall so state and shall include any limitations imposed by the authorizing judge as to location, time or manner of the interception. The order shall state that the interception shall not begin until the facilities from which or the place where the communication is to be intercepted is ascertained by the person implementing the interception order.
3. A particular description of the type of communication sought to be intercepted and a statement of the particular offense to which it relates.
4. The identity of the agency authorized to intercept the communications and of the person authorizing the application.
5. The period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
6. That the authorization for interception be executed as soon as practicable, that it be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this section and that it terminate upon on attainment of the authorized objective or on the date specified, whichever comes first.
7. That entry may be made to service, install or remove interception devices or equipment if entry is necessary to effect the interception.
E. An order that is entered under this section may not authorize the interception of any wire or oral communication for any period that is longer than is necessary to achieve the objective of the authorization and that exceeds thirty twenty days. This thirty day twenty-day period begins on the earlier of the day on which the interception actually begins under the order or ten days after the order is signed. The court may grant extensions of any order if an application for an extension is made pursuant to subsection A of this section and the court makes the findings required by subsection C of this section. The period of extension shall not be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and shall not exceed thirty twenty days.
F. Any ex parte order for interception, together with the papers on which the application was based, shall be delivered to and retained by the applicant during the duration of the interception as authority for the interception authorized in the order any related investigation and during subsequent litigation or a trial that is related to the order's purpose. The justice or judge issuing the order shall retain a true copy of the order at all times.
G. Within ten days after the termination of the authorized interception, any related investigation and subsequent litigation or trial, all applications made and orders granted under this section shall be returned to and sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. The applications and orders shall be disclosed only on a showing of good cause before a judge of competent jurisdiction or as otherwise provided.
H. If possible, the contents of any communication that involves a person who is being investigated and that is intercepted by any means authorized by this section shall be recorded on any tape, electronic, wire or other comparable device. A communication that does not involve the person being investigated or the particular crime listed in the order shall not be recorded on any tape, electronic, wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this subsection shall be done in such a way as will protect the recording from editing or alterations. Within ten days after the termination of the authorized interception, the recordings shall be made available to the judge who issued the order and shall be sealed under the judge's directions. Custody of the recordings shall be maintained pursuant to court order. The recordings shall be kept for ten years and shall not be destroyed except on an order of the issuing judge or another judge of competent jurisdiction.
I. Within ninety fourteen days after an application under subsection A of this section is denied, or the period of an order or any extension expires, the issuing or denying judge shall serve the persons named in the order or application and any other parties to the intercepted communications as the judge may determine the interests of justice require with an inventory, including notice of all of the following:
1. The fact of the entry of the order or the application.
2. The date of the entry and the period of authorized interception, or the denial of the application.
3. The fact that during the period of authorized interception wire, electronic or oral communications were or were not intercepted. On motion, the judge may make available to the person or the person's attorney for inspection such the portions of the intercepted communications, applications and order as the judge determines to be in the interest of justice. On an ex parte showing of good cause to the judge, the serving of the notice required by this subsection may be postponed.
4. the particular crime specified in the application for the order.
5. The identity of the applicant who filed the application.
6. the identity of the judge who issued the order.
7. On motion of a party, the portions of the intercepted communications, applications and order as the judge determines to be in the interest of justice. The Judge may make this information available to the person or the person's attorney for inspection.
J. On request of the applicant, any order authorizing interception shall direct that the communication service provider, landlords, custodians or other persons furnish the applicant with all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that these persons are according the person whose communications are to be intercepted.
K. The order may require written reports to be made to the issuing judge at specified intervals showing the progress made toward achieving the authorized objective and the need for continued interception.
L. Any order authorizing the interception of wire communications pursuant to this chapter is also deemed to authorize the interception of any electronic communication that may be made over the same equipment or by the same facility.
M. If the intercepted communication is in a code or foreign language and an expert in that code or foreign language is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after the interception.
N. An interception under this chapter may be conducted in whole or in part by government personnel or by an individual operating under a contract with the government or acting under the supervision of a law enforcement officer who is authorized to conduct the interception.
O. The applicant is responsible for providing to the administrative office of the United States courts all reports on applications for or interceptions of wire, electronic or oral communications that are required by federal statutes.
P. The notification required by subsection I of this section is not required until the identity of the person specified in the order, or a party to the intercepted communication, is known or could be reasonably identified by a law enforcement agency. A law enforcement agency that receives an order under this section must make a good faith effort to identify every person specified in the order or a party to any intercepted communication.
Q. A law enforcement agency that seeks an ex parte order pursuant to this section may submit a request, and the court may grant permission, to delay the notification or a portion of the notification required by subsection I of this section for a period of time that does not exceed thirty days if the court determines that there is reasonable cause to believe that the notification may do any of the following:
1. Endanger the life or physical safety of an individual.
2. Cause a person to flee from prosecution.
3. Lead to the destruction of or tampering with evidence.
4. Intimidate a potential witness.
5. Seriously JEOPARDIZE an investigation or unduly delay a trial.
R. If the court grants a delay of the notification pursuant to subsection Q of this section and on application of the law enforcement agency, the court may grant additional extensions of up to thirty days each.
S. Notwithstanding subsection R of this section, on application by a law enforcement agency, the court may grant an extension of up to sixty days if the court determines that a delayed notification is justified because the investigation involving the order is either:
1. Interstate in nature and sufficiently complex.
2. Likely to extend up to or beyond an additional sixty days.
T. On expiration of the period of delayed notification pursuant to subsection Q, R or S of this section, the court shall serve on or deliver by first class mail or, by other means if delivery is impracticable, to the person who is specified in the order a copy of the order together with notice that:
1. States with reasonable specificity The nature of the law enforcement inquiry.
2. Contains all of the following:
(a) the information required by subsection I, paragraphs 1, 2, 3, 4, 5 and 6 of this section.
(b) A statement that the notification of the search was delayed.
(c) the name of the court that authorized the delay of the notification.
(d) A reference to the specific law that allowed a delay of the notification.
U. The notification requirements in this section do not apply to a person who is specified in the order, who is located outside of the United States and who is not a citizen of the United States.
V. This section does not limit a prosecutor or other law enforcement official from securing a warrant from any judge for the interception of wire, electronic or oral communications or assessing any stored oral, written, wire and electronic communications.
P. W. For the purposes of this section, "crime":
1. Means murder, gaming, kidnapping, robbery, bribery, extortion, theft, an act in violation of chapter 23 of this title, dealing in narcotic drugs, marijuana or dangerous drugs, sexual exploitation of children in violation of chapter 35.1 of this title or any felony that is dangerous to life, limb or property. Crime
2. Includes conspiracy to commit any of the offenses listed in paragraph 1 of this subsection.
Sec. 4. Section 13-3011, Arizona Revised Statutes, is amended to read:
13-3011. Disclosing confidential information relating to ex parte order; exceptions; classification
A. Except in any trial, hearing or other judicial proceeding, a person shall not knowingly disclose to another person any information concerning either:
1. The application for or the granting or denial of orders for the interception or installation of a pen register or trap and trace device or a request for the preservation of records or evidence pursuant to section 13‑3016 or a subpoena issued pursuant to section 13‑3018.
2. The identity of the person or persons whose communications are the subject of an ex parte order, subpoena or records preservation request granted pursuant to sections 13‑3010, 13‑3015, 13‑3016, 13‑3017 and 13‑3018.
B. Subsection A of this section does not apply to the disclosure of information to the communication service provider whose facilities are involved or to an employee or other authorized agent of the county attorney, attorney general or law enforcement agency that applies for an order permitting interception or installation of a pen register or trap and trace device or who requests the preservation of records or evidence pursuant to section 13‑3016 or a subpoena issued pursuant to section 13‑3018.
C. Notwithstanding subsection A of this section, a peace officer or prosecuting attorney who obtains knowledge of the contents of a wire, electronic or oral communication as authorized by sections 13‑3010, 13‑3015, 13‑3016, 13‑3017 and 13‑3018 or evidence derived from that knowledge may:
1. Disclose the contents of the communication to a peace officer or prosecuting attorney to the extent the disclosure is appropriate to the proper performance of the official duties of the peace officer or prosecuting attorney making or receiving the disclosure.
2. Use the contents of the communication to the extent that the use is appropriate to the proper performance of the official duties of the peace officer or prosecuting attorney.
3. Not use, copy or disclose for any purpose such contents or knowledge that:
(a) Is not the subject of an order, SUBPOENA or warrant as authorized by sections 13-3010, 13-3015, 13-3016, 13-3017 and 13-3018.
(b) Is collected as part of an effort to obtain knowledge of the contents of a wire, electronic or oral communication as authorized by sections 13-3010, 13-3015, 13-3016, 13-3017 and 13-3018.
D. A person who violates this section is guilty of a class 1 misdemeanor.
Sec. 5. Section 13-3012, Arizona Revised Statutes, is amended to read:
13-3012. Exemptions
The following are exempt from the provisions of this chapter sections 13‑3005, 13‑3006, 13‑3008, 13‑3011 and 13‑3019:
1. The interception of wire, electronic or oral communications, the installation and operation of a pen register or trap and trace device, the providing of information, facilities or technical assistance to an investigative or law enforcement officer pursuant to a subpoena or an ex parte order granted pursuant to sections 13‑3010, 13‑3015, 13‑3016, 13‑3017 and 13‑3018 or an emergency interception made in good faith pursuant to section 13‑3015, including any of the foregoing acts by a communication service provider or its officers, agents or employees.
2. The normal use of services, equipment and facilities that are provided by a communication service provider pursuant to tariffs that are on file with the Arizona corporation commission or the federal communications commission and the normal functions of any operator of a switchboard.
3. Any officer, agent or employee of a communication service provider who performs acts that are otherwise prohibited by this article in providing, constructing, maintaining, repairing, operating or using the provider's services, equipment or facilities, protecting the provider's service, equipment and facilities from illegal use in violation of tariffs that are on file with the Arizona corporation commission or the federal communications commission and protecting the provider from the commission of fraud against it.
4. Providing requested information or any other response to a subpoena or other order that is issued by a court of competent jurisdiction or on demand of any other lawful authority.
5. The interception of wire or electronic communications or the use of a pen register or trap and trace device by a communication service provider or by a person providing technical assistance at the request of the communication service provider if the interception or use either:
(a) Relates to the operation, maintenance and testing of that service, the protection of the rights or property of the provider or the protection of users of that service from fraudulent, abusive or unlawful use of that service.
(b) Records the fact that a wire or electronic communication was initiated or completed in order to protect the provider, another provider furnishing service toward the completion of the communication or a user of that service from fraudulent, unlawful or abusive use of that service.
6. The interception of any radio communication that is transmitted:
(a) By any station for the use of the general public or if the transmission relates to ships, aircraft, vehicles or persons in distress.
(b) By any government, law enforcement, civil defense, private land mobile or public safety communication system, including police and fire systems, and that is readily accessible to the general public.
(c) By any station that operates on an authorized frequency within the bands that are allocated to the amateur, citizens band or general mobile radio services.
(d) By any marine or aeronautical communications system.
(e) Through a system using frequencies that are monitored by persons who are engaged in the provision or the use of the system or by other persons who use the same frequency if the communication is not scrambled or encrypted.
7. The interception of wire or electronic communication if the transmission is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of the interference.
8. The use of a pen register or trap and trace device by a communication service provider for billing or recording as an incident to billing for communication services, or for cost accounting or other like purposes in the ordinary course of business.
9. The interception of any wire, electronic or oral communication by any person, if the interception is effected with the consent of a party to the communication or a person who is present during the communication, or the installation of a pen register or trap and trace device with the consent of a user or subscriber to the service.
10. Divulging the contents of a wire or electronic communication and any related records or information to a law enforcement agency by a remote computing service or communication service provider, officer or employee if either:
(a) The contents, records or information were lawfully or inadvertently obtained by the service provider and appear to pertain to the commission of a crime.
(b) The provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies the disclosure of the contents, records or information without delay.
11. Divulging records or other information that pertains to a customer or subscriber by a remote computing service or communication service provider, other than the contents of a communication, either:
(a) As authorized by section 13‑3016.
(b) With the customer's or subscriber's consent.
(c) As may be necessary incident to the rendition of the service or for the protection of the rights or property of the provider of that service.
(d) To any person other than a governmental agency.
12. The interception or access of an electronic communication that is made through an electronic communication system and that is configured so that the electronic communication is readily accessible to the general public.
13. For other users of the same frequency to intercept a radio communication that is made through a system that uses frequencies that are monitored by individuals who provide or use the system, if the communication is not scrambled or encrypted.
14. The interception of oral communications by means of a child monitoring device.
Sec. 6. Section 13-3016, Arizona Revised Statutes, is amended to read:
13-3016. Stored oral, wire and electronic communications; agency access; backup preservation; delayed notice; records preservation request; violation; classification
A. This section applies to oral, wire and electronic communications that are entrusted to a communication service provider or remote computing service solely for the purpose of transmission, storage or processing. Oral, wire and electronic communications that are in the possession of a person who is entitled to access the contents of such communications for any purpose other than transmission, storage or processing are ordinary business records that may be obtained by a subpoena, search warrant or court order.
B. An agency or political subdivision of this state may require the disclosure by a communication service provider or remote computing service of the contents of an oral, wire or electronic communication that has been in electronic storage for one hundred eighty days or less in one of the following ways:
1. Without prior notice to the subscriber or party, by obtaining a search warrant issued pursuant to chapter 38, article 8 of this title.
2. With prior notice to the subscriber or party, by serving a subpoena, except that notice may be delayed pursuant to subsection D of this section.
3. With prior notice to the subscriber or party, by obtaining a court order on an application and certification that contains specific and articulable facts showing that there are reasonable grounds to believe that the communication content sought is relevant to an ongoing criminal investigation, except that notice may be delayed pursuant to subsection D of this section.
C. An agency or political subdivision of this state may require the disclosure by a communication service provider or remote computing service of the contents of an oral, wire or electronic communication that has been in electronic storage for more than one hundred eighty days in one of the following ways:
1. Without notice to the subscriber or party, by obtaining a search warrant issued pursuant to chapter 38, article 8 of this title.
2. With prior notice to the subscriber or party, by serving a subpoena, except that notice may be delayed pursuant to subsection D of this section.
3. With prior notice to the subscriber or party, by obtaining a court order on an application and certification that contains specific and articulable facts showing that there are reasonable grounds to believe that the communication content sought is relevant to an ongoing criminal investigation, except that notice may be delayed pursuant to subsection D of this section.
D. Except as provided in subsection E of this section, the notice to the subscriber or party that is required by this section may be delayed for a period of not to exceed ninety thirty days under any of the following circumstances:
1. If the applicant for a search warrant or court order pursuant to this section requests a delay of notification and the court finds that delay is necessary to protect the safety of any person or to prevent flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation.
2. If the investigator or prosecuting attorney proceeding by subpoena executes a written certification that there is reason to believe that notice to the subscriber or party may result in danger to the safety of any person, flight from prosecution, tampering with evidence, intimidation of witnesses or jeopardizing an investigation. The agency shall retain a true copy of the certification with the subpoena for the duration of any related investigation and subsequent litigation or trial that is related to the subpoena's purpose.
E. If further delay of notification is necessary, extensions of up to ninety thirty days each may be obtained by application to the court or certification pursuant to subsection D, paragraph 1 of this section.
F. Notwithstanding subsection E of this section, if a delay of notification is granted pursuant to subsection D of this section, on application by a law enforcement agency, the court may grant an additional extension of up to sixty days if the court determines that a delayed notification is justified because the investigation involving the subpoena, search warrant or court order is either:
1. Interstate in nature and sufficiently complex.
2. Likely to extend up to or beyond an additional sixty days.
F. G. Any agency acting pursuant to this section may apply for a court order directing the communication service provider or remote computing service not to notify any other person of the existence of the subpoena, court order or warrant for such period as the court deems appropriate. The court shall grant the application if it finds that there is reason to believe that notice may cause an adverse result described in subsection D of this section. A person who violates an order issued pursuant to this subsection is guilty of a class 1 misdemeanor.
G. H. On Within fourteen days after the expiration of any period of delay under this section, the agency shall deliver by first class mail or, if delivery is impracticable by other means, to the subscriber or party a copy of the process used and notice including:
1. That information was requested from the service provider.
2. The date on which the information was requested.
3. That notification to the subscriber or party was delayed.
4. The identity of the court or agency ordering or certifying the delay.
5. The provision of this section by which delay was obtained.
6. That any challenge to the subpoena or order must be filed within fourteen days.
7. The particular crime that is specified in the search warrant or subpoena.
8. the identity of the applicant who filed the application.
I. An agency is not required to notify a person who is specified in the order if the person is located outside of the United States and is not a citizen of the United States.
H. J. On the request of an agency or political subdivision of this state, a communication service provider or remote computing service shall take all necessary steps to preserve records, communication content and other evidence in its possession pending the issuance of a court order or other process. The communication service provider or remote computing service shall retain the preserved records, communication content and other evidence for ninety days. On the renewed request of an agency or political subdivision, the preservation period may be extended for an additional ninety days. Except as provided in section 13‑3011 and the notification requirements of this section, a person shall not otherwise notify the subscriber or party during the period of the preservation request.
Sec. 7. Section 13-3017, Arizona Revised Statutes, is amended to read:
13-3017. Ex parte order for pen register or trap and trace device
A. Any prosecuting attorney or investigating peace officer of this state or its political subdivisions may apply to any justice of the supreme court, or a judge of the court of appeals, judge of the superior court or magistrate for an ex parte order authorizing the installation and use of a pen register or a trap and trace device. The application shall be made in writing and under oath and shall state:
1. The name and title of the applicant.
2. The attributes of the communication, including the number or other identifier, the identity, if known, of the subscriber and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, if the order authorizes the installation of a trap and trace device, the geographic limits of the order.
3. A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation.
4. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
B. On proper application pursuant to subsection A of this section, the judge shall issue an ex parte order authorizing the installation and use of a pen register or trap and trace device or process if the judge finds that the applicant has certified that the information likely to be obtained by the installation and use is relevant to an ongoing criminal investigation. On service, the order applies to any person or entity that provides wire or electronic communication service in this state or that does business in this state and whose assistance may facilitate the execution of the order. If an order is served on any person or entity that is not specifically named in the order and on request of the person or entity, the prosecuting attorney or peace officer who serves the order shall provide written or electronic certification that the order applies to the person or entity being served. An order that is issued under this subsection shall specify all of the following:
1. The identity, if known, of the subscriber of the communication service or telephone line to which the pen register or trap and trace device is to be attached or applied.
2. The attributes of the communication to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, if the order authorizes the installation of a trap and trace device, the geographic limits of the order.
3. A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
4. That, on the request of the applicant, the communication service provider shall furnish information, facilities and technical assistance necessary to accomplish the installation of the pen register or trap and trace device and to identify subscribers of any communication facility or telephone number obtained by operation of such device.
C. An order that is issued under this section authorizes the installation and use of a pen register or trap and trace device for a period of not to exceed sixty thirty days. Extensions of the order may be granted, but only on an application and judicial finding pursuant to subsections A and B of this section. The period of each extension granted shall not exceed sixty thirty days.
D. Within fourteen days after an application submitted pursuant to subsection A of this section is denied or the period of an order or any extension expires, the issuing or denying judge shall serve the person who is named in the order or application, and any other parties to the intercepted communications as the judge may determine the interests of justice require, with an inventory, including notice of all of the following:
1. The fact of the entry of the order or the application.
2. The date of the entry and the period of authorized interception, or the denial of the application.
3. The fact that during the period of authorized interception wire, electronic or oral communications were or were not intercepted.
4. The particular crime specified in the application for the order.
5. The identity of the applicant who filed the application.
6. The identity of the judge who issued the order.
7. On motion of a party, the portions of the intercepted communications, applications and order as the judge determines to be in the interest of justice. The Judge may make this information available to the person or the person's attorney for inspection.
E. The notification required by subsection D of this section is not required until the identity of the person specified in the order is known or could be reasonably identified by the law enforcement agency.
F. A law enforcement agency that seeks an ex parte order pursuant to this section may submit a request, and the court may grant permission, to delay the notification required by subsection D of this section for a period not to exceed thirty days if the court determines that there is reasonable cause to believe that the notification may do any of the following:
1. endanger the life or physical safety of an individual.
2. cause a person to flee from prosecution.
3. lead to the destruction of or tampering with evidence.
4. intimidate a potential witness.
5. Seriously jeopardize an investigation or unduly delay a trial.
G. When a delay of notification is granted under subsection F of this section and on application by the law enforcement agency, the court may grant additional extensions of up to thirty days each.
H. Notwithstanding subsection G of this section, If a delay of notification is granted pursuant to subsection F of this section and on application by a law enforcement agency, the court may grant an additional extension of up to sixty days if the court determines that a delayed notification is justified because the investigation involving the order is either:
1. Interstate in nature and sufficiently complex.
2. Likely to extend up to or beyond an additional sixty days.
I. On expiration of the period of delayed notification granted pursuant to subsection F, G or H of this section, the judge shall serve on or deliver by first class mail, or by other means if delivery is impracticable, to the person specified in the order a copy of the order together with notice that:
1. states with reasonable specificity the nature of the law enforcement inquiry.
2. contains all of the following:
(a) the information required by subsection D, paragraphs 1, 2, 3, 4, 5 and 6 of this section.
(b) a statement that the notification of the search was delayed.
(c) the name of the court that authorized the delay of notification.
(d) A reference to the specific law that allowed a delay of the notification.
J. The court is not required to notify a person who is specified in the order if the person is located outside of the United States and is not a citizen of the United States.
Sec. 8. Section 13-3018, Arizona Revised Statutes, is amended to read:
13-3018. Communication service records; subpoenas; application; certification; definition
A. This section applies to all communication service providers that do business in this state or that furnish communication services to persons within this state.
B. The prosecutor may issue a subpoena duces tecum to a communication service provider in order to obtain communication service records in connection with a criminal investigation or prosecution for any offense in which a prosecutor suspects reasonably believes that a computer an electronic device or network was used. This subsection does not prevent the prosecutor from obtaining a grand jury subpoena duces tecum.
C. The prosecutor who issues a subpoena pursuant to this section shall certify in the body of the subpoena that the information likely to be obtained is relevant to an ongoing criminal investigation.
D. An authorized representative of a communication service provider may certify communication service records that are obtained by subpoena if all of the following apply:
1. The records are the regular communication service records that are used and kept by the communication service provider.
2. The records are made at or near the time the underlying communications occur in the ordinary course of business.
3. The authorized representative certifies that the record produced in response to the subpoena is an accurate copy of the communication service provider records.
E. Certified communication service records that are obtained by subpoena and disclosed in accordance with the Arizona rules of criminal procedure may be introduced in evidence at a hearing or trial and constitute prima facie evidence of the facts contained in the records.
F. If a certification of communication service provider records is acknowledged by any notary or other officer who is authorized by law to take acknowledgments, the certification shall be received in evidence without further proof of its authenticity.
G. Notwithstanding any other section in this title, a law enforcement agency may not obtain, use, copy or disclose a subscriber record unless a subpoena has been obtained. A law enforcement agency may not obtain, use, copy or disclose, for a criminal investigation or prosecution, any record or information, other than a subscriber record, of a provider of an electronic communication service or remote computing service related to a subscriber or customer without a warrant.
G. H. For the purposes of this section, "communication service records":
1. Includes subscriber information, including name, billing or installation address, length of service, payment method, telephone number, electronic account identification and associated screen names, toll bills or access logs, records of the path of an electronic communication between the point of origin and the point of delivery and the nature of the communication service provided, such as caller identification, automatic number identification, voice mail, electronic mail email, paging or other service features. Communication service records
2. Do not include the content of any stored oral, wire or electronic communication.
