CS/HB 797 Summary

• Creates section 933.31 prohibiting law enforcement from searching contents of portable electronic devices incident to arrest without a valid judicial warrant, with exceptions for emergencies and device disabling.

• Creates section 933.32 prohibiting government entities from obtaining location information of electronic devices without a valid search warrant issued by a judicial officer, unless an exception applies.

• Limits location information warrants to no longer than 30 days from initial information receipt or 10 days from warrant issuance, whichever comes first, with extensions requiring continuing probable cause findings.

• Establishes exceptions to warrant requirements including: toll transponders, national security events, missing children under 18, emergency services responses, informed owner/user consent, and emergency situations involving imminent danger of death or serious physical injury.

• Takes effect July 1, 2013.