HB2546: Electronic communication service or remote computing service; obtaining records without a warrant.

Legislative Summary

Obtaining records concerning electronic communication service or remote computing service without a warrant. Provides that when disclosure of real-time location data or subscriber data is not prohibited by federal law, an investigative or law-enforcement officer may obtain real-time location data or subscriber data without a warrant if the investigative or law-enforcement officer reasonably believes that (i) an individual or group of individuals has made a credible threat via electronic communication to commit an act of violence upon the property, including the buildings and grounds thereof, of any (a) child day center, including any preschool program offered by a publicly funded provider; (b) preschool or nursery program certified by the Board of Education; or (c) public, private, or religious elementary or secondary school and (ii) a warrant cannot be obtained in time to prevent the identified danger or identify the source of the threat. The bill also provides that no real-time location data or subscriber data shall be admissible in a criminal proceeding unless a judge finds that probable cause for the issuance of a search warrant existed at the time of the search and such data is otherwise admissible, provided that no such data obtained is presented to establish the necessary probable cause.