The House Courts & Criminal Code Committee heard HB 1013 authored by Rep. Koch on the provision of geolocation information to law enforcement. The bill (1) requires electronic communication service providers, upon a law enforcement agency’s request and without a warrant, to provide geolocation information for a device to allow the agency to respond to emergencies involving risk of death or serious bodily injury; and (2) immunizes service providers from civil liability for responses to such requests.
Rep. Koch explained that more than half of other states have enacted similar legislation. AT&T testified in support of the bill generally, and the Indiana Prosecuting Attorneys Council testified in support of an amendment that would extend law-enforcement authority for warrantless use of drones to include vehicular crash investigations.
The bill was amended by consent to:
- require law enforcement agencies to seek retroactive judicial approval within 72 hours of obtaining information under such a request;
- permit warrantless requests only if obtaining a warrant would unreasonably delay response to the emergency;
- give State Police flexibility to collect telecom providers’ contact information by means other than a formal “data base”; and
- permit warrantless use of drones for vehicular crash investigation. The amended bill passed 12-0.
Read the bill at http://iga.in.gov/legislative/2016/bills/house/1013