Bill Status of SB2343  99th General Assembly

Short Description:  CELL SITE SIMULATOR DEVICE-USE

Senate Sponsors
Sen. Daniel Biss - Toi W. Hutchinson - Michael Connelly - Melinda Bush, Emil Jones, III, Don Harmon, Napoleon Harris, III and Michael Noland

House Sponsors
(Rep. Ann M. Williams - Elaine Nekritz - Peter Breen - David R. Leitch - Mary E. Flowers, Emanuel Chris Welch, La Shawn K. Ford, Robyn Gabel, Tim Butler, Dwight Kay, Lawrence Walsh, Jr., Carol Ammons, Sam Yingling, Mike Fortner, Steven A. Andersson, Thomas M. Bennett, Ron Sandack, Keith R. Wheeler, Patricia R. Bellock, Barbara Wheeler, William Davis, Adam Brown and Arthur Turner)

Last Action
DateChamber Action
  7/22/2016SenatePublic Act . . . . . . . . . 99-0622

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the Citizen Privacy Protection Act. Provides that a law enforcement agency may not use a cell site simulator device, except to locate or track the location of a communications device or to identify a communications device. Except as provided in the Freedom From Location Surveillance Act, a court order based on probable cause that a person whose location information is sought has committed, is committing, or is about to commit a crime, is required for any permitted use of a cell site simulator device. Provides that an application for a court order to use a cell site simulator device, including an emergency application under the Freedom From Location Surveillance Act, must include a description of the nature and capabilities of the cell site simulator device to be used and the manner and method of its deployment, including whether the cell site simulator device will obtain data from non-target communications devices. Provides that an application for a court order to use a cell site simulator device, including an emergency application under the Freedom From Location Surveillance Act, must also include a description of the procedures that will be followed to protect the privacy of non-targets of the investigation, including the immediate deletion of data obtained from non-target communications devices. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency used a cell site simulator to gather information in violation of the limits in the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Defines "cell site simulator device", "communications device", and "law enforcement agency".

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the bill as introduced with the following changes. Provides that if the cell site simulator device is used to locate or track a known communications device, all non-target data must be deleted as soon as reasonably practicable, but no later than once every 24 hours. Provides that if the cell site simulator device is used to identify an unknown communications device, all non-target data must be deleted as soon as reasonably practicable, but no later than within 72 hours of the time that the unknown communications device is identified, absent a court order preserving the non-target data and directing that it be filed under seal with the court. Provides that the court may retain data obtained from a non-target communications device under a court order showing good cause for no longer than the period required under Supreme Court Rules. Provides that the law enforcement agency is prohibited from accessing data obtained from a non-target communications device for the purpose of any investigation not authorized by the original warrant. Provides that a court order issued may be sealed upon a showing of need, but for no more than 180 days, with any extensions to be granted upon a certification that an investigation remains active or a showing of exceptional circumstances.

Senate Committee Amendment No. 2
Provides that the law enforcement agency is prohibited from accessing data obtained from a non-target communications device for the purpose of any investigation not authorized by the original court order (rather than warrant).

Actions 
DateChamber Action
  1/28/2016SenateFiled with Secretary by Sen. Daniel Biss
  1/28/2016SenateFirst Reading
  1/28/2016SenateReferred to Assignments
  2/3/2016SenateAssigned to Judiciary
  2/17/2016SenatePostponed - Judiciary
  3/2/2016SenateAdded as Co-Sponsor Sen. Emil Jones, III
  3/2/2016SenateAdded as Chief Co-Sponsor Sen. Toi W. Hutchinson
  3/2/2016SenatePostponed - Judiciary
  3/7/2016SenateAdded as Co-Sponsor Sen. Don Harmon
  3/9/2016SenatePostponed - Judiciary
  3/9/2016SenateAdded as Chief Co-Sponsor Sen. Michael Connelly
  3/9/2016SenateAdded as Chief Co-Sponsor Sen. Melinda Bush
  3/11/2016SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Daniel Biss
  3/11/2016SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/14/2016SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Daniel Biss
  3/14/2016SenateSenate Committee Amendment No. 2 Referred to Assignments
  3/16/2016SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/16/2016SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  3/16/2016SenateSenate Committee Amendment No. 1 Adopted
  3/16/2016SenateSenate Committee Amendment No. 2 Adopted
  3/16/2016SenateDo Pass as Amended Judiciary; 011-000-000
  3/16/2016SenatePlaced on Calendar Order of 2nd Reading March 17, 2016
  3/31/2016SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  4/12/2016SenateSecond Reading
  4/12/2016SenatePlaced on Calendar Order of 3rd Reading April 13, 2016
  4/19/2016SenateAdded as Co-Sponsor Sen. Michael Noland
  4/19/2016SenateThird Reading - Passed; 057-000-000
  4/20/2016HouseArrived in House
  4/20/2016HouseChief House Sponsor Rep. Ann M. Williams
  4/20/2016HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  4/20/2016HouseAdded Alternate Chief Co-Sponsor Rep. La Shawn K. Ford
  4/20/2016HouseFirst Reading
  4/20/2016HouseReferred to Rules Committee
  4/21/2016HouseAdded Alternate Chief Co-Sponsor Rep. Peter Breen
  4/21/2016HouseAlternate Chief Co-Sponsor Removed Rep. La Shawn K. Ford
  4/21/2016HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz
  4/21/2016HouseAdded Alternate Chief Co-Sponsor Rep. Adam Brown
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Emanuel Chris Welch
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. La Shawn K. Ford
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Tim Butler
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Dwight Kay
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Lawrence Walsh, Jr.
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Carol Ammons
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Sam Yingling
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Mike Fortner
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Steven A. Andersson
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Thomas M. Bennett
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Ron Sandack
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Keith R. Wheeler
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Patricia R. Bellock
  4/21/2016HouseAdded Alternate Co-Sponsor Rep. Barbara Wheeler
  4/22/2016HouseAdded Alternate Co-Sponsor Rep. William Davis
  4/22/2016HouseAdded Alternate Chief Co-Sponsor Rep. David R. Leitch
  4/22/2016HouseAlternate Chief Co-Sponsor Removed Rep. Adam Brown
  4/22/2016HouseAdded Alternate Chief Co-Sponsor Rep. Peter Breen
  4/22/2016HouseAdded Alternate Co-Sponsor Rep. Adam Brown
  4/22/2016HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  4/26/2016HouseAssigned to Judiciary - Criminal Committee
  5/3/2016HouseDo Pass / Short Debate Judiciary - Criminal Committee; 013-001-000
  5/4/2016HousePlaced on Calendar 2nd Reading - Short Debate
  5/17/2016HouseSecond Reading - Short Debate
  5/17/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/18/2016HouseThird Reading - Short Debate - Passed 115-000-000
  5/18/2016SenatePassed Both Houses
  6/16/2016SenateSent to the Governor
  7/22/2016SenateGovernor Approved
  7/22/2016SenateEffective Date January 1, 2017
  7/22/2016SenatePublic Act . . . . . . . . . 99-0622