SB1638 Summary

• Creates the Private Electronic Communications Protection Act prohibiting state and local government from using a person's private electronic communications or data held by third-party computer services or communications carriers in judicial, criminal, civil, or administrative proceedings without a court-issued search warrant, eavesdropping order, or interception order.

• Allows use of private electronic communications only if both sender and recipient provide express informed consent or if obtained under a constitutionally authorized exception to the search warrant requirement.

• Makes any private electronic communications obtained in violation of these requirements inadmissible as evidence in any judicial, criminal, civil, or administrative proceeding.

• Permits law enforcement to obtain cellular location information in emergency situations involving death or serious physical harm without a search warrant.

• Amends the Criminal Code and Code of Criminal Procedure to include definitions of "private electronic communication" and "data" in search warrant, eavesdropping, and wiretap provisions, effective immediately upon enactment.