Bill Text: HI HB2079 | 2016 | Regular Session | Amended
Bill Title: Search Warrants; Electronic Device
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2016-03-30 - The committee on JDL deferred the measure. [HB2079 Detail]
Download: Hawaii-2016-HB2079-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2079 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SEARCH WARRANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 803, part IV, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§803- Location information privacy; civil penalty. (a) Except as provided in subsection (b), a government entity may not obtain the real-time location information of an electronic device without a search warrant or court order issued by a duly authorized court.
(b) A government entity may obtain real-time location information of an electronic device without a search warrant or court order, if it is able to do so without obtaining such information from an internet service provider or the manufacturer of the device, under any of the following circumstances:
(1) The device is reported stolen by the owner;
(2) In order to respond to the user's call for emergency services;
(3) With the informed, affirmative consent of the owner or user of the electronic device; or
(4) An urgent situation poses a threat to life, necessitates immediate location of the device, and there is insufficient time to obtain a search warrant or court order.
(c) Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to obtain a search warrant.
(d) A violation of this section shall result in a civil fine not to exceed $50.
(e) As used in this section, the following terms shall mean as follows:
"Electronic device" means a device that enables access to, or use of:
(1) An electronic communication service, which is a service that provides to users of the service the ability to send or receive wire or electronic communications;
(2) A remote computing service, which is a service that provides computer storage or processing services by means of an electronic communications system; or
(3) A location information service, which is a service that provides global positioning service or other mapping, locational, or directional information service.
"Government entity" means a state or local agency, including 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.
"Real-time location information" means information identifying the location of the electronic device at the time that the location is being sought."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Search Warrants; Electronic Device
Description:
Requires government entities to obtain a search warrant in order to obtain the real-time location information of an electronic device, except for certain circumstances. (HB2079 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
