HB 17-1053: Warrant Or Order For Electronic Communications

• Requires governmental entities to obtain a valid search warrant or court order with probable cause before compelling electronic communication service or remote computing service providers to disclose electronic communications, electronic communication information, or electronic device information.

• Establishes an emergency exception allowing law enforcement to obtain such information without a court order when there is probable cause to believe an imminent risk of death or serious bodily injury exists, with requirements to obtain court authorization within 48 hours.

• Mandates that governmental entities provide notice to customers about search warrants and disclosures, unless a court finds notification may result in danger to life, flight from prosecution, evidence destruction, witness intimidation, or investigation jeopardy (delayed notice up to 90 days with extensions).

• Permits peace officers to search electronic devices lawfully in their possession without a warrant and allows voluntary disclosure of information by communications service providers in accordance with federal law.

• Prohibits evidence obtained in violation of these requirements from being admitted in proceedings or used to obtain other warrants, and provides immunity to service providers for complying with or objecting to legal process issued under the law.