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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SENATE BILL 1342 |
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AN ACT
amending section 13‑3919, Arizona Revised Statutes; amending title 13, chapter 38, Arizona Revised Statutes, by adding article 34; 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 13-3919, Arizona Revised Statutes, is amended to read:
13-3919. Receipt for property; definitions
A. If an officer takes any property under the warrant, the officer shall give a detailed receipt for the property taken to the person from whom it was taken or in whose possession it was found. If the property was not taken from a person, the officer shall leave the receipt at the place where the property was found.
B. The court may delay for a reasonable period the service of the detailed receipt required by subsection A of this section if all of the following apply:
1. The court finds that there is reasonable cause to believe that the 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. Unless the court finds reasonable necessity for the seizure, the warrant prohibits the seizure of any tangible property, any wire or electronic communication or, except as expressly provided in section 13‑3016, any stored wire or electronic information.
3. The warrant provides for service of a detailed receipt within a reasonable period after the execution of the warrant. Extensions for a reasonable period of time may be granted, but only on an application and judicial finding. The period of each extension shall not exceed ten days.
C. For the purposes of this section:
1. "Electronic communication" has the same meaning prescribed in section 13‑3001.
2. "Wire communication" has the same meaning prescribed in section 13‑3001.
Sec. 2. Title 13, chapter 38, Arizona Revised Statutes, is amended by adding article 34, to read:
ARTICLE 34. TRACKING AND CELL SITE SIMULATOR DEVICE SEARCH WARRANTS
13-4291. Definitions
In this article, unless the context otherwise requires:
1. "Cell site simulator device" means a portable device that transmits or receives radio waves to identify, locate or track the movements of a communications device.
2. "Cell site simulator device search warrant" means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to identify a communications device through the use of a cell site simulator device.
3. "Communications device" means any device that allows the device's user to send or receive oral, wire or electronic communications or computer services.
4. "NON‑TARGET DATA" MEANS INFORMATION THAT IS COLLECTED BY A CELL SITE SIMULATOR DEVICE PURSUANT TO A SEARCH WARRANT THAT IS ISSUED UNDER SECTION 13-4293 OR SECTION 13-4294 AND THAT IDENTIFIES A COMMUNICATIONS DEVICE THAT IS NOT RELATED TO THE SUBJECT OF THE SEARCH WARRANT.
5. "Tracking device" means an electronic or mechanical device, including a communications device, that tracks the movement of a person or an object.
6. "Tracking device Search warrant" means an order in writing issued in the name of the state of Arizona, signed by a magistrate, authorizing a peace officer to track a person or an object through the use of a tracking device.
13-4292. General provisions
Except as otherwise provided in this article, article 8 of this chapter applies to the use of tracking device search warrants and cell site simulator device search warrants.
13-4293. Tracking device search warrant; issuance; grounds; requirements; notice
A. A tracking device search warrant may not be issued except on probable cause, supported by affidavit or oath, naming or particularly describing the person, or particularly describing the property, to be tracked. If the magistrate is satisfied that probable cause exists for the issuance of a tracking device search warrant, the magistrate shall issue the search warrant commanding the use of a tracking device.
B. A tracking device search warrant may be issued on any of the following grounds:
1. When the object to be tracked was used, is being used or is about to be used as a means of committing a public offense.
2. When the object to be tracked is in the possession of a person who has committed, is committing or is about to commit a public offense.
3. When the object or person to be tracked constitutes any evidence that tends to show that a particular public offense has been, is being or is about to be committed or tends to show that a particular person has committed or is committing the public offense.
4. When the person to be tracked is the subject of an outstanding arrest warrant.
C. The tracking device search warrant shall authorize use of the tracking device any time of the day or night and shall specify a reasonable length of time that the tracking device may be used that does not exceed sixty days after the date that the tracking device was installed. The court, for good cause, may grant one or more extensions for a reasonable period that does not exceed sixty days for each extension. If the tracking data is received in this state, the use of the tracking device is authorized under this section regardless of where the tracking device is located. If the tracking device requires installation, the tracking device search warrant authorizes the installation, maintenance and removal of the device.
D. The time of service for installation or maintenance of a tracking device is as prescribed in section 13-3917.
E. A tracking device search warrant must be initiated within ten calendar days after the search warrant's issuance or, if applicable, must be delivered to the communication service provider within ten calendar days after the search warrant is issued. On the expiration of the ten‑day period, the search warrant is void unless the time is extended by a magistrate. An extension may not exceed ten calendar days. The tracking device search warrant must be returned to a magistrate within three court business days after the authorized period of the search warrant expires. The return must state the time and date that the tracking was initiated and the period during which the tracking occurred.
F. Within one hundred twenty days after the tracking device's use ends, a copy of the tracking device search warrant must be served on the person who was tracked or whose property was tracked. Service may be accomplished by any of the following methods:
1. delivering a copy to the person who, or whose property, was tracked.
2. leaving a copy at the person's residence or usual place of abode, if known.
3. mailing a copy to the person's last known address.
4. Any other method that the court directs.
G. The court may delay the notice of tracking required by subsection F of this section in the same manner prescribed in section 13‑3919, subsection B.
13-4294. Cell site simulator device search warrant; issuance; grounds; reqirements; notice; prohibited uses; non‑target data
A. A cell site simulator device search warrant may not be issued except on probable cause, supported by affidavit or oath, naming or particularly describing the person using the communications device to be identified. If the magistrate is satisfied that probable cause exists for the issuance of a cell site simulator device search warrant, the magistrate shall issue the search warrant commanding the use of a cell site simulator device.
B. A cell site simulator device search warrant may be issued on the following grounds:
1. When the communications device to be identified is in the possession of a person who has used the communications device, is using the communications device or is about to use the communications device as a means of committing a public offense.
2. When the communications device to be identified constitutes any evidence that tends to show that a particular public offense has been committed or tends to show that a particular person has committed or is committing the public offense.
C. The cell site simulator device search warrant shall authorize use of the cell site simulator device any time of the day or night and shall specify a reasonable length of time that the cell site simulator device may be used that does not exceed sixty days after the date that the search warrant was signed. The court, for good cause, may grant one or more extensions for a reasonable period of time that does not exceed sixty days for each extension.
D. A cell site simulator device search warrant must be initiated within ten calendar days after the search warrant's issuance. On the expiration of the ten‑day period, the search warrant is void unless the time is extended by a magistrate. An extension may not exceed ten calendar days. The cell site simulator device search warrant must be returned to a magistrate within three court business days after the authorization period of the search warrant expires. The return shall state the time and date that the device was used.
E. Within one hundred twenty days after the cell site simulator device's use ends, a copy of the cell site simulator device search warrant must be served on the person whose communications device was identified. Service of the notice may be accomplished by any of the following methods:
1. Delivering a copy to the person whose communications device was identified at the person's known place of residence.
2. If the person's residence is unknown, by mailing a copy to the subscriber of the communications device.
3. Any other method that the court directs.
F. The court may Delay the notice of cell site simulator device use that is required by subsection E of this section in the same manner prescribed in section 13-3919, subsection B.
G. A cell site simulator device may not be used to intercept, obtain or access the content of any stored oral, wire or electronic communication unless the interception or access is authorized by chapter 30 of this title. A cell site simulator device may be used to track a communications device pursuant to section 13‑4293.
H. IF THE CELL SITE SIMULATOR DEVICE IS USED TO LOCATE OR TRACK A KNOWN COMMUNICATIONS DEVICE, ALL NON-TARGET DATA MUST BE DESTROYED WITHIN SIXTY COURT BUSINESS DAYS AFTER THE RETURN OF THE SEARCH WARRANT TO A MAGISTRATE.
I. IF THE CELL SITE SIMULATOR DEVICE IS USED TO IDENTIFY AN UNKNOWN COMMUNICATIONS DEVICE, ALL NON-TARGET DATA MUST BE DESTROYED WITHIN SIXTY COURT BUSINESS DAYS AFTER THE RETURN OF THE SEARCH WARRANT TO A MAGISTRATE UNLESS A COURT ORDERS THE NON-TARGET DATA TO BE PRESERVED.