Bill Text: MO HB1388 | 2014 | Regular Session | Comm Sub
Bill Title: Requires a search warrant for a government entity to obtain location information of an electronic device
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2014-05-07 - Placed on Informal Calendar [HB1388 Detail]
Download: Missouri-2014-HB1388-Comm_Sub.html
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1388
97TH GENERAL ASSEMBLY
Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, May 1, 2014, with recommendation that the Senate Committee Substitute do pass.
TERRY L. SPIELER, Secretary.
5048S.03C
AN ACT
To amend chapter 542, RSMo, by adding thereto one new section relating to location information of an electronic device.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 542, RSMo, is amended by adding thereto one new section, to be known as section 542.375, to read as follows:
542.375. 1. As used in this section, the following terms shall mean:
(1) "Electronic communication service", a service that provides to users of the service the ability to send or receive wire or electronic communications;
(2) "Electronic device", a device that enables access to or use of an electronic communication service, remote computing service, or location information service;
(3) "Government entity", 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 a person acting or purporting to act for or on behalf of a state or local agency;
(4) "Location information", information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device;
(5) "Location information service", the provision of a global positioning service or other mapping, locational, or directional information service;
(6) "Remote computing service", the provision of computer storage or processing services by means of an electronic communication system.
2. Except as provided in subsection 3 of this section, a government entity shall not obtain the location information of an electronic device without:
(1) A search warrant or investigative subpoena issued by a court of competent jurisdiction; or
(2) An order for disclosure issued by a court of competent jurisdiction after a government entity has offered specific and articulable facts showing that there are reasonable grounds to believe that the information sought is relevant and material to an ongoing criminal investigation.
3. A government entity may obtain location information of an electronic device under any of the following circumstances:
(1) The device is reported stolen by the owner;
(2) 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) A possible life-threatening situation exists.
4. Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and shall not be used in an affidavit of probable cause in an effort to obtain a search warrant.
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