SECOND REGULAR SESSION

HOUSE BILL NO. 1388

97TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES CORNEJO (Sponsor), BRATTIN, BAHR, CURTMAN AND ROWDEN (Co-sponsors).

5048L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To amend chapter 542, RSMo, by adding thereto one new section relating to location information of an electronic device, with a penalty provision.




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 542.375, to read as follows:

            542.375. 1. As used in this section, the following terms shall mean:

            (1) "Electronic communication service", a service that provides to users of the service the ability to send or receive wire or electronic communications;

            (2) "Electronic device", a device that enables access to or use of an electronic communication service, remote computing service, or location information service;

            (3) "Government entity", a state or local agency, including but not limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission or a person acting or purporting to act for or on behalf of a state or local agency;

            (4) "Location information", information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device;

            (5) "Location information service", the provision of a global positioning service or other mapping, locational, or directional information service;

            (6) "Remote computing service", the provision of computer storage or processing services by means of an electronic communication system.

            2. Except as provided in subsection 3 of this section, a government entity shall not obtain the location information of an electronic device without a search warrant issued by a court of competent jurisdiction.

            3. A government entity may obtain location information of an electronic device under any of the following circumstances:

            (1) The device is reported stolen by the owner;

            (2) To respond to the user's call for emergency services;

            (3) With the informed affirmative consent of the owner or user of the electronic device; or

            (4) A possible life-threatening situation exists.

            4. Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and shall not be used in an affidavit of probable cause in an effort to obtain a search warrant.

            5. Any person who violates this section shall be subject to a fine of fifty dollars.