Bill
Number: S.B. 1342
Worsley
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Jeffrey Ong
FLOOR
AMENDMENT EXPLANATION
·
Expands the deadline from 10 days to 120 days in which a
copy of a tracking device search warrant or cell site simulator search warrant
must be served on a person after the device is used.
·
Stipulates all non-target data collected by a cell site
simulator device must be destroyed within 60 court business days after the
search warrant is returned to a magistrate.
·
Specifies a court order may preserve the non-target data.
Fifty-third Legislature Worsley
First Regular Session S.B.
1342
WORSLEY FLOOR
AMENDMENT
SENATE AMENDMENTS TO S.B.
1342
(Reference to printed
bill)
Page 1, after line 44, insert:
"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."
Renumber to conform
Page 3, line 3, after the first "the"
insert "communication"
Line 11, strike "ten" insert
"one hundred twenty"
Line 25, after "uses"
insert "; non-target data"
Page 4, line 13, strike "ten"
insert "one hundred twenty"
After line 29, insert:
"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."
Amend title to conform