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NC H148

Bill

Status

Engrossed

3/25/2021

Primary Sponsor

Allen McNeill

Click for details

Origin

House of Representatives

2021-2022 Session

AI Summary

  • Authorizes State Bureau of Investigation agents to install and use pen registers or trap and trace devices in emergency situations without a prior court order, with supervisor permission.

  • Requires agents to seek court approval within 48 hours of installation; information obtained without subsequent court approval is inadmissible as evidence in criminal prosecution unless otherwise admissible under law.

  • Permits emergency warrantless use in two situations: (1) immediate danger of death or serious bodily injury requiring device installation before obtaining a court order, or (2) disappearance of an individual, runaway child, or missing person in immediate danger without an apparent criminal charge.

  • Expands definition of "pen register" to include location data (GPS coordinates, triangulation data, distance to tower measurements) and clarifies that "location data" does not include communication contents.

  • Requires emergency device use to terminate immediately when information is obtained, application for court order is denied, or 48 hours have elapsed since installation, whichever occurs first; violations constitute Class 1 misdemeanor.

Legislative Description

SBI Emergency Pen Register/Trap and Trace

Public

Last Action

Ref To Com On Rules and Operations of the Senate

3/25/2021

Committee Referrals

Rules and Operations of the Senate3/25/2021
Rules, Calendar, and Operations of the House3/17/2021
Judiciary III2/25/2021

Full Bill Text

No bill text available