SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES LIPKE (Sponsor), DIXON, EMERY, MEADOWS, ROORDA, SILVEY, PARSON, YOUNG, CORCORAN AND BIVINS (Co-sponsors).
Read 1st time January 10, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 542, RSMo, by adding thereto one new section relating to search warrants.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 542, RSMo, is amended by adding thereto one new section, to be known as section 542.283, to read as follows:
542.283. 1. For the purposes of this section the following terms shall mean:
(1) "Adverse result", occurs when notification of the existence of a search warrant results in:
(a) Danger to the life or physical safety of an individual;
(b) A flight from prosecution;
(c) The destruction of or tampering with evidence;
(d) The intimidation of potential witnesses;
(e) Serious jeopardy to an investigation or undue delay of a trial;
(2) "Applicant", the peace officer to whom a search warrant is issued;
(3) "Electronic communications services", any service which provides to users thereof the ability to receive wire or electronic communications;
(4) "Foreign corporation", a corporation for profit organized under laws other than the laws of this state;
(5) "Missouri corporation", all corporations organized under chapter 351, RSMo;
(6) "Remote computing services", the provision to the public of computer storage;
(7) "Search warrant", any warrant issued allowing a search for records that are in the actual or constructive possession of a foreign corporation that provides electronic communication services or remote computing services to the general public in connection with any communications sent to or received by customers or recipients located in Missouri, where those records would reveal the identity of the customers using those services, data stored by, or on behalf of the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those customers.
2. When properly served with a search warrant issued by the proper Missouri court, a foreign corporation subject to this section shall provide the applicant all records sought under that warrant within five business days of receipt, including those records maintained or located outside this state.
3. Where the applicant makes a showing and the judge finds that failure to produce records within less than five business days would cause an adverse result, the warrant may require production of records upon finding that the foreign corporation has shown good cause for that extension and that an extension of time would not cause an adverse result.
4. A foreign corporation seeking to quash the warrant must seek relief from the court that issued the warrant within the time required for production of records under this section. The issuing court shall hear and decide that motion no later than five court days after the motion is filed.
5. The foreign corporation shall verify the authenticity of the records it produces under section 490.692, RSMo.
6. A Missouri corporation that provides electronic communication services or remote computing services to the general public, when served with a warrant issued by another state to produce records that would reveal the identity of the customers using those services, data stored by, or on behalf of, the customer, the customer's usage of those services, the recipient or destination of communications sent to or from those customers, or the content of those communications, shall produce those records as if that warrant had been issued by a Missouri court.
7. No cause of action shall lie against any foreign or Missouri corporation subject to this section, its officers, employees, agents, or other specified persons for providing records, information, facilities, or assistance in accordance with the terms of a warrant issued under this section.
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