Bill Text: NC H804 | 2015-2016 | Regular Session | Amended
Bill Title: Kelsey Smith Act
Spectrum: Slight Partisan Bill (Republican 6-3)
Status: (Introduced - Dead) 2016-06-29 - Conf Com Appointed [H804 Detail]
Download: North_Carolina-2015-H804-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 3
HOUSE BILL 804
Senate Judiciary I Committee Substitute Adopted 7/23/15
Senate Rules and Operations of the Senate Committee Substitute Adopted 6/28/16
|
Short Title: Kelsey Smith Act. |
(Public) |
|
|
Sponsors: |
|
|
|
Referred to: |
|
|
April 15, 2015
A BILL TO BE ENTITLED
AN ACT to provide ACCESS by Law Enforcement to telecommunications device location information under certain circumstances.
The General Assembly of North Carolina enacts:
SECTION 1. This act shall be known as the Kelsey Smith Act.
SECTION 2. Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 16C.
"Provision of Wireless Call Location Information to Law Enforcement.
"§ 15A‑300.10. Provision of call location information by wireless service provider to law enforcement; call location warrant required.
(a) Definitions. – The following definitions apply in this section:
(1) Call location data. – Global positioning system, triangulation, and per‑call measurement data indicating the location of a telecommunications device. Call location data does not include the contents of any communication made using a telecommunications device.
(2) Call location warrant. – A warrant issued pursuant to this section that authorizes a law enforcement agency or public safety answering point to obtain call location data from a wireless service provider.
(3) Imminent. – With respect to a risk of death or serious physical harm, means that the length of time necessary to comply with otherwise applicable provisions of law pertaining to obtaining authorization for electronic surveillance would, in the professional judgment of the law enforcement agency based upon generally accepted surveillance and investigation protocols, significantly reduce the chance of preventing death or serious physical harm.
(4) Wireless service provider. – A commercial mobile radio service provider, as defined in G.S. 143B‑1400, including providers of subscription‑based, in‑vehicle security service.
(b) Call Location Warrant; Application; Issuance. – A law enforcement agency that believes the user of a telecommunications device to be in imminent risk of death or serious physical harm or to be criminally involved in the imminent risk of death or serious physical harm to another may apply for and be issued a call location warrant as follows:
(1) The warrant may be issued by any person authorized to issue a search warrant pursuant to G.S. 15A‑243(a) or G.S. 15A‑243(b)(3).
(2) The application shall be made in writing upon oath and affirmation and shall contain (i) the name and title of the applicant, (ii) identification of the telecommunications device and user for which the call location data is requested, (iii) the allegations of fact establishing probable cause to believe that the user of the telecommunications device is in imminent risk of death or serious physical harm or is criminally involved in the imminent risk of death or serious physical harm to another, and (iv) a request that the court issue a warrant authorizing the applicant to obtain call location data for that telecommunications device and user from a wireless service provider.
Upon a finding that the call location warrant is necessary to prevent imminent risk of death or serious physical harm, the issuing official may issue a warrant authorizing the applicant to obtain call location data for the telecommunications device and user indicated. The warrant shall be valid anywhere in this State for a period of 48 hours from issuance.
(c) Expedited Warrant. – Notwithstanding the requirements of subsection (b) of this section, a law enforcement agency may request the issuance of a call location warrant from a judge of the superior court via telephone by verbally providing the information required by subdivision (2) of subsection (b) of this section. If the judge finds that the call location warrant is necessary to prevent imminent risk of death or serious physical harm, the judge may verbally issue a call location warrant. For any warrant issued pursuant to this subsection, within 48 hours of issuance, the applicant shall file with the clerk of court in the county in which the warrant was issued a written application that complies with the requirements of subdivision (2) of subsection (b) of this section. Any applicant who receives a verbal call location warrant shall execute an affidavit to that effect for presentation to the wireless service provider.
(d) Service of Warrant. – Upon receipt of proof of issuance of a warrant from a law enforcement agency, a wireless service provider shall provide to the law enforcement agency call location information concerning the telecommunications device of any user identified in the warrant for the period of time deemed by the law enforcement agency to be relevant to preventing the imminent death or serious physical harm. Provision of a copy of the warrant, or an affidavit executed by the law enforcement officer obtaining a verbal warrant pursuant to subsection (c) of this section, to the wireless service provider by electronic or facsimile transmission shall be sufficient proof of issuance of a warrant for purposes of this section.
(e) Filing of Warrant. – Any warrant issued pursuant to this section shall be filed with the clerk of court in the county in which it is issued. The warrant shall remain under seal for 30 days from the date it is filed, unless that period is extended by the superior court upon motion of the law enforcement agency.
(f) Waiver of Liability. – No cause of action shall lie in any court against a wireless service provider, its officers, directors, employees, agents, or other specified persons for providing mobile communications tracking information to a law enforcement agency as required by this section."
SECTION 3. G.S. 7A‑273 reads as rewritten:
"§ 7A‑273. Powers of magistrates in infractions or criminal actions.
In criminal actions or infractions, any magistrate has power:
...
(4a) To issue a call location warrant valid anywhere in the State pursuant to G.S. 15A‑300.10.
...."
SECTION 4. This act becomes effective December 1, 2016.
