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MN HF2288

Bill

Status

Introduced

2/25/2014

Primary Sponsor

Joe Atkins

Click for details

Origin

House of Representatives

88th Legislature 2013-2014

AI Summary

  • Requires government entities to obtain a court order based on probable cause before accessing location information from electronic devices, with limited exceptions for emergency situations, stolen devices, emergency service calls, and informed consent.

  • Establishes a new statute (626A.42) defining "location information" as data about an electronic device's location generated from operation of the device, electronic communication services, remote computing services, or location information services.

  • Limits court orders for location data collection to an initial period not exceeding 60 days or the time necessary to achieve the investigative objective, whichever is shorter, with extensions requiring separate judicial approval under the same standards.

  • Requires courts to seal location data collection orders for 90 days or until the investigation objective is achieved (whichever is shorter) and mandates notice to affected persons within 90 days after the order is unsealed, unless the prosecutor demonstrates reasonable grounds that disclosure would harm the investigation.

  • Directs the state court administrator to report biennially to the legislature on all location information orders and denied applications, including details on offenses, collection methods, and identifying information about investigating officers.

Legislative Description

Law enforcement required to secure a court order in order to receive cell phone tracking data.

Last Action

Author added Bernardy

5/15/2014

Committee Referrals

Judiciary Finance and Policy3/19/2014
Civil Law3/12/2014
Public Safety Finance and Policy2/25/2014

Full Bill Text

No bill text available