UNOFFICIAL COPY AS OF 10/10/1813 REG. SESS.13 RS BR 840
AN ACT relating to warrants.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SECTION 1. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO READ AS FOLLOWS:
As used in Sections 1 to 7 of this Act:
(1)"Adverse result" means:
(a)Endangering the life or physical safety of an individual;
(b)Flight from prosecution;
(c)Destruction of or tampering with evidence;
(d)Intimidation of potential witnesses; or
(e)Otherwise seriously jeopardizing an investigation or unduly delaying a trial;
(2)"Electronic device" means any device that enables access to, or use of, an electronic communication service as defined in 18 U.S.C. sec. 2510(15), remote computing service as defined in 18 U.S.C. sec. 2711(2), or a location information service;
(3)"Location information" means any information concerning the location of an electronic device that, in whole or in part, is generated by or derived from the operation of that device;
(4)"Location information service" means a global positioning service or other mapping, locational, or directional information service;
(5)"Public servant" has the same meaning as in KRS Chapter 523; and
(6)"Service provider" means the provider of an electronic communications service, remote computing service, or a location information service.
SECTION 2. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO READ AS FOLLOWS:
No public servant shall obtain location information pertaining to another individual without a search warrant issued under the Kentucky Rules of Criminal Procedure upon a finding of probable cause.
SECTION 3. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO READ AS FOLLOWS:
(1)Unless delayed notice is ordered under subsection (2) of this section, not later than three (3) days after a public servant receives location information under Section 2 or Section 5 of this Act, the public servant shall serve the customer or subscriber with or deliver by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the warrant:
(a)A copy of the warrant; and
(b)Notice that informs the customer or subscriber:
1.Of the nature of the law enforcement inquiry with reasonable specificity;
2.That location information maintained for the customer or subscriber was supplied to or requested by that public servant and the date on which the supplying or request took place;
3.If such location information was obtained from a service provider or other third party, the identity of the third party from which the information was obtained;
4.Whether notification of the customer or subscriber was delayed pursuant to subsection (2) of this section;
5.What court made the certification or determination pursuant to which that delay was made, if applicable; and
6.If applicable, which provision of this chapter allowed the delay.
(2)(a)A public servant acting under Section 2 or Section 5 of this Act may include in the warrant application a request for an order delaying the notification required under this section for a period not to exceed ninety (90) days, and the court shall issue the order if the court determines that there is reason to believe that notification of the existence of the warrant may have an adverse result.
(b)Upon expiration of the period of delay granted under this subsection, the public servant shall provide the customer or subscriber a copy of the warrant together with notice required under, and by the means described in, subsection (1) of this section.
(3)A public servant acting under Section 2 or Section 5 of this Act may include in the application a request for an order directing a service provider to which a warrant is directed not to notify any other person of the existence of the warrant for a period of not more than ninety (90) days, and the court shall issue the order if the court determines that there is reason to believe that notification of the existence of the warrant may have an adverse result.
(4)The court may, upon application, grant one (1) or more extensions of orders granted under subsections (2) and (3) of this section for an additional ninety (90) days.
SECTION 4. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO READ AS FOLLOWS:
Notwithstanding any other provision of this chapter, an agent of the state or any political subdivision may obtain location information:
(1)In order to respond to the user’s call for emergency services;
(2)With the express consent of the owner or user of the electronic communications device concerned; or
(3)If the public servant believes that an emergency involving immediate danger of death or serious physical injury to any person requires obtaining information relating to the emergency without delay and the request is narrowly tailored to address the emergency, subject to the following limitations:
(a)The request shall document the factual basis for believing that an emergency involving immediate danger of death or serious physical injury to a person requires obtaining the information relating to the emergency without delay; and
(b)Not later than forty-eight (48) hours after the date on which the public servant obtains access to records under this subsection, he or she files with the appropriate court a signed, sworn statement of the head of the public servant's employing agency if different than the public servant setting forth the grounds for the emergency access.
SECTION 5. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO READ AS FOLLOWS:
(1)A public servant specially designated by the Attorney General may acquire location information before obtaining an warrant authorizing the installation or use of an electronic device if:
(a)The public servant cannot, with due diligence, obtain a warrant to address an emergency situation that involves:
1.Immediate danger of death or serious bodily injury, or
2.An immediate threat to the national security interest; and
(b)When the officer acquires location information, there are grounds upon which a warrant could be entered under this Sections 1 to 7 of this Act to authorize the acquisition.
(2)An officer who acquires location information before obtaining an order authorizing the acquisition of the location information shall, within forty-eight (48) hours after the acquisition occurs or begins to occur, obtain a warrant approving the installation or use in accordance with Sections 1 to 7 of this Act.
(3)In the absence of a warrant, the acquisition shall immediately terminate when the location information sought is obtained or when the application for a warrant is denied, whichever is earlier.
(4)If an application for a warrant is denied, or in any other case where the interception is terminated without a warrant having been issued, the location information acquired shall be treated as having been obtained in violation of Sections 1 to 7 of this Act, and notice shall be served to all owners or users of electronic devices about which location information was acquired according to Section 3 of this Act.
SECTION 6. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO READ AS FOLLOWS:
(1)By January 31 of each calendar year, any person issuing or denying a warrant under Sections 1 to 7 of this Act during the preceding calendar year shall report on each warrant issued or denied to the Administrative Office of the Courts:
(a)The fact that the warrant was applied for;
(b)The identity of the agency making the application;
(c)The offense specified in the warrant or application therefor;
(d)The nature of the facilities from which, the place where, or the technique by which location information was to be obtained;
(e)The expected number of devices about which location information was to be obtained;
(f)The fact that the warrant was granted as applied for, was modified, or was denied; and
(g)The period of disclosures authorized by the warrant, and the number and duration of any extensions of the warrant.
(2)In June of each year, beginning in 2014, the Administrative Office of the Courts shall transmit to the Legislative Research Commission a full and complete report concerning the number of applications for warrants authorizing or requiring the disclosure of location information pursuant to Sections 1 to 7 of this Act, the number of times access to location information was obtained pursuant to subsection (3) of Section 4 of this Act, and the number of warrants granted or denied pursuant to Section 5 of this Act during the preceding calendar year. The report shall include a summary and analysis of the data required to be filed with the Administrative Office of the Courts by this section. The Supreme Court shall specify by rule the content and form of the reports required to be filed by this section.
(3)In June of each year, beginning in 2014, the report shall be made publicly available on the Web site for the Administrative Office of the Courts.
SECTION 7. A NEW SECTION OF KRS CHAPTER 455 IS CREATED TO READ AS FOLLOWS:
(1)Except as proof of a violation of this section, no evidence obtained in violation of this section shall be admissible in any criminal, civil, administrative, or other proceeding.
(2)Any location information obtained pursuant to Sections 1 to 7 of this Act or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding unless each party, not less than ten (10) days before the trial, hearing, or proceeding, has been furnished with a copy of the warrant, and accompanying application, under which the information was obtained. This ten (10) day period may be waived by the judge if he or she finds that it was not possible to furnish the party with the above information ten (10) days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving the information.
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BR084000.100 - 840 - 1527Jacketed