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NC H719

Bill

Status

Engrossed

5/4/2023

Primary Sponsor

Dudley Greene

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Allows State Bureau of Investigation agents, with supervisor permission, to install and use pen registers or trap and trace devices in emergency situations without a court order, provided an order is sought within 48 hours.

  • Permits emergency warrantless use when immediate danger of death or serious bodily injury exists, or when a person disappears and may be in immediate danger based on age, physical condition, or circumstances of disappearance.

  • Requires information obtained without a court order to be inadmissible as evidence in criminal prosecution unless otherwise admissible under another law or exception.

  • Mandates use must terminate immediately when information is obtained, application is denied, or 48 hours have elapsed since installation, whichever occurs first.

  • Becomes effective December 1, 2023, and applies to installations on or after that date, with violations by agents constituting a Class 1 misdemeanor.

Legislative Description

SBI Emergency Pen Register/Trap and Trace

Alcoholic Beverages; Counties; Courts; Criminal Procedure; Infrastructure; Judges; Law Enforcement; Local Government; Public; Sb

Last Action

Ref To Com On Rules and Operations of the Senate

5/4/2023

Committee Referrals

Rules and Operations of the Senate5/4/2023
Rules, Calendar, and Operations of the House4/26/2023
Judiciary II4/19/2023

Full Bill Text

No bill text available