HSB 743 (LSB 6911YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON JONES)

A BILL FOR

An Act establishing procedures and requirements for reverse-location information searches by law enforcement or any governmental entity.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  808.17  Reverse-location warrant.
   1.  For purposes of this section:
   a.  “Anonymized” means identifying information connected to an electronic device in a manner such that the subject, including an individual, household, device, or internet protocol address, is not identifiable to a law enforcement agency.
   b.  “Cell site” means transmission or reception equipment, including a base-station antenna, that connects an electronic device to a network.
   c.  “Cell site record” means the cell site location information of an electronic device that corresponds to a specific cell site and time frame.
   d.  “Electronic device” means a device that enables access to or use of a location information service or can otherwise create or provide location information.
   e.  “Geofence” means a specified geographic area defined by a virtual perimeter or geographic coordinates.
   f.  “Government entity” means 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 an individual or entity acting or purporting to act for or on behalf of a state or local agency.
   g.  “Identifying information” means information tied to an electronic device that identifies the user’s or owner’s name, address, phone number, email address, or other information that would identify the owner or user of the electronic device.
   h.  “Location information” means information concerning the geographical location of an electronic device that, in whole or in part, is generated, derived from, or obtained by the operation of an electronic device or the operation of a software application on an electronic device. “Location information” includes past, current, and future location information.
   i.  “Reverse-location information” means historical location information for a defined time period, within a geographic location, that affects a number of electronic devices for which the identities of the owners or users of the electronic devices are unknown to law enforcement.
   2.  a.  For a criminal investigation or prosecution, a law enforcement agency shall not obtain reverse-location information for electronic devices within a geofence unless the law enforcement agency obtains a search warrant as provided under this section, the investigation or prosecution involves a violent felony, and the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.
   b.  To obtain reverse-location information inside of a geofence, a law enforcement agency shall include with the sworn warrant application all of the following:
   (1)  A map or other visual depiction that represents the geofence for which the warrant is seeking information.
   (2)  The following language at the beginning of the application in a legible font no smaller than other text appearing in the application:
   NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-location information of electronic devices near the location of a crime at or near the time of the crime. If authorized, the warrant allows law enforcement to obtain historical location information of all devices within the area described in the warrant during the specified time from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime. For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-location information.

   (3)  Evidence establishing probable cause to believe that evidence of a crime will be found within the geofence and within a specified period of time.
   c.  If a court grants a warrant under this subsection, the court shall require all electronic device data provided pursuant to the warrant to be anonymized before the reverse-location information is released to the law enforcement agency.
   d.  A law enforcement agency obtaining reverse-location information by placing a geofence around a public building without obtaining a search warrant shall not be justified by qualified immunity.
   3.  a.  For a criminal investigation or prosecution, a law enforcement agency shall not obtain reverse-location information based on cell site records unless the law enforcement agency obtains a search warrant as provided under this section, the investigation or prosecution involves a violent felony, and the law enforcement agency can demonstrate an imminent, ongoing threat to public safety.
   b.  To obtain cell site-based reverse-location information, a law enforcement agency shall include with the sworn warrant application all of the following:
   (1)  A visual depiction or written description that identifies:
   (a)  The crime scene location and any other areas of interest related to the crime.
   (b)  The location of cell sites from which the reverse-location information is sought.
   (c)  The distance between the crime scene location and the cell sites from which the reverse-location information is sought.
   (2)  The following language at the beginning of the application in a legible font no smaller than other text appearing in the application:
   NOTICE: This warrant application seeks judicial authorization for the disclosure of reverse-location information of electronic devices near the location of a crime at or near the time of the crime. If authorized, the warrant allows law enforcement to obtain historical location information of all devices within the area described in the warrant during the specified time from entities in possession of the relevant data. The electronic devices captured in the warrant may be owned or used by both alleged criminal perpetrators and individuals not involved in the commission of a crime. For this reason, any warrant issued must require the anonymization of all devices associated with the reverse-location information.

   (3)  Evidence establishing probable cause to believe that evidence of a crime will be found within the cell site records and within a specified period of time.
   c.  If a court grants a warrant under this subsection, the court shall require all electronic device data provided pursuant to the warrant to be anonymized before the reverse-location information is released to the law enforcement agency.
   4.  a.  If, after executing a warrant described in subsection 2 or 3, a law enforcement agency seeks to obtain reverse-location information beyond the parameters of the warrant, the law enforcement agency shall do all of the following:
   (1)  Include in the sworn warrant application the specific electronic devices identified in the anonymized data for which the law enforcement agency seeks additional reverse-location information.
   (2)  Establish probable cause to believe that evidence of a crime will be found within a specified period of time.
   (3)  Affirm that the crime described in subparagraph (2) is the same crime or directly related to the crime that was the subject of the warrant obtained under subsection 2 or 3, or is a crime subject to the judicially recognized plain-view exception to the warrant requirement.
   b.  If a court grants a warrant under this subsection, the court shall require all electronic device data provided pursuant to the warrant to be anonymized before the reverse-location information is released to the law enforcement agency.
   5.  To obtain identifying information for an electronic device identified pursuant to a warrant obtained under subsection 2, 3, or 4, a law enforcement agency shall establish in the sworn warrant application probable cause to believe that the electronic device was used or otherwise implicated in a crime.
   6.  a.  A law enforcement agency shall not use, copy, or disclose, for any purpose, reverse-location information obtained under a warrant under subsection 2, 3, or 4, that is all of the following:
   (1)  Not related to the crime that is the subject of the warrant.
   (2)  Collected as part of an effort to obtain the reverse-location information of an electronic device that is related to the crime that is the subject of the warrant obtained under subsection 2, 3, or 4.
   b.  The law enforcement agency shall destroy in an unrecoverable manner the reverse-location information described in paragraph “a” as soon as reasonably possible after the criminal case is declined for prosecution or, if criminal charges are filed, upon the final disposition of the criminal case.
   c.  Reverse-location information obtained under subsection 2, 3, or 4 shall not be used in any of the following manners:
   (1)  Compared with, merged with, linked to, or in any way electronically or otherwise connected to a source of electronic data, including a database or file, containing one or more points of data that includes the location information provided by an electronic device unless all of the electronic data, including the reverse-location information, is obtained for the purpose of investigating the same criminal incident.
   (2)  Used in any other criminal investigation or prosecution.
   d.  A person or entity that provides reverse-location information under this section shall ensure that the reverse-location information is anonymized before the reverse-location information is provided to a law enforcement agency.
   7.  a.  Except as provided in paragraph “b” or “c”, a law enforcement agency that executes a warrant under subsection 5 shall serve a notice described in subsection 3 on the owner of the electronic device for which identifying information was obtained as follows:
   (1)  Within ninety days after the day on which the identifying information is obtained by the law enforcement agency, but in no case more than three days after the day on which the investigation is concluded.
   (2)  If the owner of the electronic device for which the identifying information specified in the warrant is unknown to the law enforcement agency, within ninety days after the day on which the law enforcement agency identifies, or reasonably could identify, the owner.
   b.  A law enforcement agency is not required to serve a notice described in paragraph “a” to the owner of the electronic device for which identifying information was obtained if the owner resides outside of the United States.
   c.  A law enforcement agency seeking a warrant in accordance with subsection 5 may submit a request, and the court may grant permission, to delay service of the notice required under paragraph “a” for a period not to exceed thirty days if the court determines that there is reasonable cause to believe that the notification may do any of the following:
   (1)  Endanger the life or physical safety of an individual.
   (2)  Cause a person to flee from prosecution.
   (3)  Lead to the destruction of or tampering with evidence.
   (4)  Intimidate a potential witness.
   (5)  Otherwise seriously jeopardize an investigation or unduly delay a trial.
   d.  When a delay of notification is granted under paragraph “c” and upon application by the law enforcement agency, the court may grant additional extensions of up to thirty days each.
   e.  (1)  A law enforcement agency that seeks a warrant in accordance with subsection 5 may submit a request to the court, and the court may grant permission, to delay service of the notice required under paragraph “a” if the purpose of delaying the notification is to apprehend an individual who is a fugitive from justice for whom an arrest warrant has been issued for a forcible felony as defined in section 702.11.
   (2)  The court may grant the request to delay notification until the individual who is a fugitive is apprehended by the law enforcement agency.
   f.  The notice required under paragraph “a” shall include all of the following:
   (1)  A copy of the warrant.
   (2)  A written statement identifying the offense specified in the warrant application, the identity of the law enforcement agency that filed the application, the date on which the location information or identifying information was obtained, and the number and length of any authorized delays in serving the notice required under paragraph “a” including, if applicable, the name of the court that authorized the delay and a reference to the provision of this section that permitted the delay.
   g.  A law enforcement agency shall serve the notice required under paragraph “a” to the owner of the electronic device by personal service on the owner, by first class mail to the owner’s last known address, or by other reasonable means if the owner’s last known address is unknown.
   8.  Reverse-location information or identifying information obtained in violation of the provisions of this section shall be subject to the rules governing exclusion of evidence as if the records were obtained in violation of the fourth amendment to the Constitution of the United States and Article I, section 8, of the Constitution of the State of Iowa.
   9.  Beginning January 1, 2027, a law enforcement agency or any government entity that obtained a reverse-location warrant shall annually, on or before April 30, submit a report to the general assembly with the following data for the previous calendar year:
   a.  The number of reverse-location warrants requested by the law enforcement agency under subsection 2, 3, or 4.
   b.  The number of investigations that used information obtained under a reverse-location warrant to investigate a crime that was not the subject of the reverse-location warrant.
   c.  The number of times identifying information for an electronic device was obtained under subsection 5.
   d.  The number of electronic devices for which anonymized electronic device data was obtained under each reverse-location warrant described under subsection 2, paragraph “a”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes procedures and requirements for reverse-location searches by law enforcement or any governmental entity.
   The bill provides that for a criminal investigation or prosecution, a law enforcement agency shall not obtain reverse-location information for electronic devices within a geofence unless the law enforcement agency obtains a search warrant as provided under the bill, the investigation or prosecution involves a violent felony, and the law enforcement agency can demonstrate an imminent, ongoing threat to public safety. A law enforcement agency shall include with the sworn warrant application a map or other visual depiction that represents the geofence for which the warrant is seeking information and specific language providing notice. If a court grants a warrant, the court shall require all electronic device data provided pursuant to the warrant to be anonymized before the reverse-location information is released to the law enforcement agency. A law enforcement agency that obtains reverse-location information by placing a geofence around a public building without obtaining a search warrant is not justified by qualified immunity.
   The bill provides that a law enforcement agency shall not obtain reverse-location information based on cell site records unless the law enforcement agency obtains a search warrant as provided, the investigation or prosecution involves a violent felony, and the law enforcement agency can demonstrate an imminent, ongoing threat to public safety. To obtain cell site-based reverse-location information, a law enforcement agency shall include with the sworn warrant application a visual depiction or written description that identifies the crime scene location and any other areas of interest related to the crime, the location of cell sites from which the reverse-location information is sought, and the distance between the crime scene location and the cell sites from which the reverse-location information is sought; provide specific notice language; and establish probable cause to believe that evidence of a crime will be found within the cell site records and within a specified period of time. If a court grants a warrant, the court shall require all electronic device data provided pursuant to the warrant to be anonymized before the reverse-location information is released to the law enforcement agency.
   The bill provides that a law enforcement agency shall not use, copy, or disclose, for any purpose, reverse-location information obtained under a warrant that is not related to the crime that is the subject of the warrant and is collected as part of an effort to obtain the reverse-location information of an electronic device that is related to the crime that is the subject of the warrant obtained under the bill. The law enforcement agency shall destroy in an unrecoverable manner the reverse-location information as soon as reasonably possible after the criminal case is declined for prosecution or, if criminal charges are filed, upon the final disposition of the criminal case. Reverse-location information shall not be compared with, merged with, linked to, or in any way electronically or otherwise connected to a source of electronic data, or used in any other criminal investigation unless all the electronic data is obtained for the purpose of investigating the same criminal incident. A person or entity that provides reverse-location information shall ensure that the reverse-location information is anonymized before the reverse-location information is provided to a law enforcement agency.
   The bill provides the procedure for obtaining additional identifying information. A law enforcement agency seeking a warrant may submit a request, and the court may grant permission, to delay service of the notice required not to exceed 30 days if the court determines that there is reasonable cause to believe that the notification may do any of the following: endanger the life or physical safety of an individual, cause a person to flee from prosecution, lead to the destruction of or tampering with evidence, intimidate a potential witness, or otherwise seriously jeopardize an investigation or unduly delay a trial.
   The bill provides that reverse-location information or identifying information obtained in violation of the provisions of the bill is subject to the rules governing exclusion of evidence as if the records were obtained in violation of the fourth amendment to the Constitution of the United States and Article I, section 8, of the Constitution of the State of Iowa.
   Beginning January 1, 2027, a law enforcement agency or any government entity that obtained a reverse-location warrant shall annually, on or before April 30, submit a report to the general assembly.
   The bill provides definitions.