Bill Text: IN SB0156 | 2013 | Regular Session | Amended
Bill Title: Downloading of cell phone information by police.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Engrossed - Dead) 2013-03-07 - Representative Austin added as cosponsor [SB0156 Detail]
Download: Indiana-2013-SB0156-Amended.html
Citations Affected: IC 9-21; IC 34-28.
Synopsis: Downloading of cell phone information by police. Prohibits
a police officer from extracting or otherwise downloading information
from a telecommunications device without the owner's consent for a
violation of the law concerning typing, transmitting, or reading a text
message while operating a motor vehicle unless: (1) the police officer
has probable cause to believe that the telecommunications device has
been used in the commission of a crime; (2) the information is
extracted or otherwise downloaded under a valid search warrant; or (3)
otherwise authorized by law. Provides that if a law enforcement officer
detains a person because the law enforcement officer believes the
person has committed an infraction or ordinance violation, the law
enforcement officer may not, without the person's consent, extract or
otherwise download information from a cellular telephone or another
wireless or cellular communications device possessed by the person at
the time the person is detained unless: (1) the law enforcement officer
has probable cause to believe that the cellular telephone or other
wireless or cellular communications device has been used in the
commission of a crime; (2) the information is extracted or otherwise
downloaded under a valid search warrant; or (3) otherwise authorized
by law.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Judiciary.
February 14, 2013, amended, reported favorably _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning civil
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(1) type a text message or an electronic mail message;
(2) transmit a text message or an electronic mail message; or
(3) read a text message or an electronic mail message;
while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency.
(b) A police officer may not, without the consent of the person:
(1) confiscate a telecommunications device for the purpose of determining compliance with this section;
(2) confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section; or
(3) extract or otherwise download information from a telecommunications device for a violation of this section
unless:
(A) the police officer has probable cause to believe that the
telecommunications device has been used in the
commission of a crime;
(B) the information is extracted or otherwise downloaded
under a valid search warrant; or
(C) otherwise authorized by law.
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
(b) If a law enforcement officer detains a person because the law enforcement officer believes the person has committed an infraction or ordinance violation, the law enforcement officer may not, without the consent of the person, extract or otherwise download information from a cellular telephone or another wireless or cellular communications device possessed by the person at the time the person is detained unless:
(1) the law enforcement officer has probable cause to believe that the:
(A) cellular telephone; or
(B) other wireless or cellular communications device;
has been used in the commission of a crime;
(2) the information is extracted or otherwise downloaded under a valid search warrant; or
(3) otherwise authorized by law.
