House Bill 541 Summary

• Law enforcement agencies must obtain a search warrant based on probable cause before using a cell site simulator device to collect location information, stored data, or transmitted data from a communications device.

• Cell site simulator devices may be used without a warrant only when law enforcement determines probable cause exists that a person committed or is committing an act of terrorism and exigent circumstances require use to prevent imminent loss of life or bodily injury; warrantless use must end when a warrant request is denied or 24 hours passes, whichever occurs first.

• Any non-target data collected incidentally during a warranted cell site simulator search must be deleted within 48 hours, and data from warrantless searches must be deleted within 24 hours unless a warrant is subsequently granted.

• Amendments to sections 41-29-701 and 41-29-513 require that applications for pen registers, trap and trace devices, and wiretapping equipment cannot authorize use of cell site simulators unless accompanied by a separate search warrant under this act.

• The act takes effect July 1, 2017.