Page:2019 North Dakota Session Laws.pdf/982

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Chapter 272
Judicial Procedure, Criminal

CHAPTER 272

SENATE BILL NO. 2272

(Senators Unruh, Grabinger, Osland)

(Representatives Roers Jones, Schneider)

AN ACT to create and enact chapter 29-29.6 of the North Dakota Century Code, relating to the issuance of a tracking warrant for location information.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

SECTION 1. Chapter 29-29.6 of the North Dakota Century Code is created and enacted as follows:

29-29.6-01. Definitions.

As used in this chapter:

1. "Electronic communication service" has the meaning given in subsection 2 of section 29-29.3-01.

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

3. {{underline|"Government entity" means a state or local agency, including a law enforcement entity or any other investigative entity, agency, department, division, bureau, board, or commission or an individual acting or purporting to act for or on behalf of a state or local agency.

4. "Location information" means 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. This information could include historical cell site location information, real time cell site location information, or any cell site location information from a specific period of time.

5. "Location information service" means the provision of a global positioning service or other mapping, locational, or directional information service.

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

7. "Tracking warrant" means an order in writing, in the name of the state, signed by a court directed to a peace officer, granting the officer access to location information of an electronic device.

29-29.6-02. Tracking warrant required for location information.

1. Except as provided in subsection 2, a government entity may not obtain the location information of an electronic device without a tracking warrant. A warrant granting access to location information must be issued only if the

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