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IN SB0458
Bill
Status
1/14/2015
Primary Sponsor
Michael Delph
Click for details
AI Summary
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Expands the definition of "electronic communication" to include metadata relating to electronic communications for purposes of IC 35-33 and IC 35-33.5.
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Requires search or seizure of electronic communications be specifically authorized by state law or court order based on probable cause, even if held by a third party; violation is a Level 5 felony.
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Prohibits state entities from assisting federal agencies in collecting electronic communications or metadata without state law authorization or probable cause court order; knowing violations are Level 5 felonies.
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Prohibits state entities from using electronic communications or information derived from them in criminal investigations or prosecutions if obtained by federal agencies without proper state law authorization or court orders; violations are Level 5 felonies.
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Restricts real-time tracking devices for cellular geolocation to situations involving court-ordered bail conditions, owner consent, probable cause court orders, or exigent circumstances (imminent risk to life or safety).
Legislative Description
Electronic communications. Provides that the definition of "electronic communication" includes metadata that relates to an electronic communication. Requires that the search or seizure of an electronic communication be specifically authorized by state law or a court order based on probable cause, even if the electronic communication is in the custody of a third party, and makes it a Level 5 felony to violate these requirements. Prohibits the state, state agencies, political subdivisions, and local units of government from: (1) assisting a federal agency that collects an electronic communication unless authorized by state law or a court order based on probable
Last Action
First Reading: referred to Committee on Judiciary
1/14/2015