SB361 - Revises provisions relating to criminal procedure. (BDR 14-341)

S.B. 361 - *SB361* SENATE BILL NO. 361–SENATOR HANSEN MARCH 17, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to criminal procedure. (BDR 14-341) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to criminal procedure; defining certain terms, including the term “tracking warrant”; prohibiting, with certain exceptions, a governmental entity from obtaining certain location information except when authorized by a tracking warrant; establishing provisions relating to the disclosure, application, issuance and execution of tracking warrants; establishing provisions relating to the disclosure and admissibility of location information in certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the issuance of a search warrant to search a place or a 1 person for any property: (1) that is stolen or embezzled; (2) that is designed or 2 intended to be used or has been used as the means of committing a criminal 3 offense; or (3) when the property consists of any item or constitutes any evidence 4 which tends to show that a criminal offense has been committed or that a particular 5 person has committed a criminal offense. (NRS 179.035) Section 14 of this bill 6 prohibits, with certain exceptions, a governmental entity from obtaining certain 7 location information of an electronic device or unique identifier without a tracking 8 warrant under certain circumstances. Section 14 prohibits any location information 9 obtained in violation of the provisions of section 14, or evidence derived therefrom, 10 from being admitted in any administrative, civil, criminal or other proceeding in 11 this State except to prove a violation of section 14. 12 Section 15 of this bill authorizes a magistrate to grant a tracking warrant if a 13 complete application is supported by probable cause to believe that: (1) the person 14 who owns or who is using an electronic device or who is using a unique identifier is 15 committing, has committed or is about to commit an offense; and (2) the location 16 information sought to be collected by the tracking warrant will produce evidence of 17 the offense. Section 15 sets forth the requirements for an application for a tracking 18 – 2 – - *SB361* warrant and for the extension of a tracking warrant. Section 15 requires the 19 magistrate to whom an application is made or who issues a tracking warrant or 20 extension to seal any such application, warrant or extension and sets forth the 21 circumstances under which such information may be disclosed. 22 Section 16 of this bill sets forth requirements for the contents of a tracking 23 warrant and authorizes the applicant to request that certain provisions be included 24 in the tracking warrant. Section 16 also: (1) establishes certain limitations on the 25 period for which a tracking warrant may authorize the collection of location 26 information; and (2) authorizes the magistrate to extend such periods in certain 27 circumstances. 28 Section 17 prohibits, with certain exceptions, any location information, or 29 evidence derived therefrom, from being received into evidence or otherwise 30 disclosed in court unless a copy of the tracking warrant, its application and any 31 location information collected pursuant to the tracking warrant is transmitted to 32 certain persons not less than 10 days before any trial, hearing or other proceeding. 33 Section 18 of this bill sets forth a procedure by which a person who is 34 aggrieved by an alleged unlawful search and seizure of his or her location 35 information may move a court for the suppression of its use as evidence. 36 Section 19 of this bill requires a magistrate who issued a tracking warrant to 37 serve certain persons with a notice containing certain information not later than 90 38 days after the date of expiration of the period of time, or any extension thereof, for 39 which the tracking warrant authorized the collection of location information. 40 Sections 19 and 20 of this bill make certain information confidential and set forth 41 the circumstances under which such information and documentation may be 42 disclosed. 43 Sections 3-13, of this bill define certain terms, including “tracking warrant,” 44 “location information,” “electronic device” and “unique identifier,” for the 45 purposes of sections 2-19 of this bill. 46 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 179 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 to 19, inclusive, of this 2 act. 3 Sec. 2. As used in sections 2 to 19, inclusive, of this act, 4 unless the context otherwise requires, the words and terms defined 5 in sections 3 to 13, inclusive, of this act have the meanings 6 ascribed to them in those sections. 7 Sec. 3. “Electronic communication service” means a service 8 that provides to users of the service the ability to send or receive 9 radio frequency, wire or electronic communications. 10 Sec. 4. “Electronic communication service provider” means 11 a person who operates an electronic communication service. 12 Sec. 5. “Electronic device” means a device that enables 13 access to or use of an electronic communication service, remote 14 computing service or location information service. 15 Sec. 6. “Governmental entity” means a state or local 16 governmental agency, including, without limitation, a law 17 – 3 – - *SB361* enforcement agency or other investigative entity, agency, 1 department, division, bureau, board or commission or person 2 acting or purporting to act for or on behalf of a state or local 3 governmental agency. 4 Sec. 7. “Location information” means information 5 concerning the location of an electronic device or unique 6 identifier that, in whole or in part, is generated or derived from or 7 obtained by the operation of an electronic device or unique 8 identifier. 9 Sec. 8. “Location information service” means the provision 10 of global positioning service or other mapping, locational or 11 directional information service. 12 Sec. 9. “Location information service provider” means a 13 person who operates a location information service. 14 Sec. 10. “Remote computing service” means the provision to 15 the public of computer storage or processing services by means of 16 an electronic communication system. 17 Sec. 11. “Remote computing service provider” means a 18 person who operates a remote computing service. 19 Sec. 12. “Tracking warrant” means a warrant that grants a 20 peace officer access to location information of an electronic device 21 or a unique identifier. 22 Sec. 13. “Unique identifier” means any numeric or 23 alphanumeric string that is associated with a single entity or 24 account within a given electronic communication service. 25 Sec. 14. 1. Except as provided in subsection 2, a 26 governmental entity shall not obtain the location information of 27 an electronic device or unique identifier without a tracking 28 warrant. 29 2. A governmental entity may obtain location information of 30 an electronic device or unique identifier without a tracking 31 warrant in the following circumstances: 32 (a) If the electronic device is reported lost or stolen by the 33 owner or user. 34 (b) To respond to a call or request for emergency services by 35 the owner or user pursuant to NRS 707.630. 36 (c) If the owner or user of the electronic device or the user of a 37 unique identifier gives the governmental entity informed, written 38 consent. 39 (d) With the informed, written consent of the legal guardian or 40 next of kin: 41 (1) If the owner or user of an electronic device or user of a 42 unique identifier is believed to be deceased or reported missing 43 and unable to be contacted; or 44 – 4 – - *SB361* (2) If the owner or user of an electronic device or user of a 1 unique identifier is a child who is less than 18 years of age. 2 (e) If a peace officer has probable cause to believe that: 3 (1) There is an emergency situation that poses an 4 immediate threat of death or serious injury to the owner or user of 5 the electronic device or the user of the unique identifier; 6 (2) The location information is necessary to prevent or 7 avoid the immediate threat to the owner or user of the electronic 8 device or the user of the unique identifier; and 9 (3) Exigent circumstances make obtaining a warrant 10 impractical. 11 3. A peace officer who obtains location information without a 12 tracking warrant in the manner described in paragraph (d) of 13 subsection 2 shall, not later than 48 hours after obtaining the 14 location information, apply for a tracking warrant that meets the 15 requirements under section 15 of this act. If the application is 16 denied, any location information, or evidence derived therefrom, is 17 inadmissible in any trial, hearing or other proceeding before any 18 court, department, officer, agency or other authority of this State, 19 or political subdivision thereof, except to prove a violation of this 20 section. 21 4. Any location information obtained in violation of the 22 provisions of this section, or evidence derived therefrom, is 23 inadmissible in any trial, hearing or other proceeding before any 24 court, department, officer, agency or other authority of this State, 25 or political subdivision thereof, except to prove a violation of this 26 section. 27 5. As used in this section, “owner” includes the lessee of an 28 electronic device. The term does not include an electronic 29 communication service provider, location information service 30 provider, remote computing service provider or other commercial 31 or business entity that is the lessor of an electronic device during 32 the term of the lease. 33 Sec. 15. 1. An application for a tracking warrant, or 34 extension thereof, may only be granted: 35 (a) On affidavit or affidavits sworn to before a magistrate that 36 establish the grounds for issuing a tracking warrant; and 37 (b) If the magistrate finds the application is complete and 38 supported by probable cause to believe that: 39 (1) The person who owns or is using an electronic device or 40 who is using a unique identifier is committing, has committed or is 41 about to commit an offense; and 42 (2) The location information of the electronic device or 43 unique identifier will produce evidence of the offense described in 44 subparagraph (1). 45 – 5 – - *SB361* 2. Each application for a tracking warrant, or extension 1 thereof, must be made in writing upon oath or affirmation and 2 must include: 3 (a) The identity of the peace officer making the application, 4 and the magistrate authorizing the application; 5 (b) A full and complete statement of the facts and 6 circumstances relied upon by the peace officer to justify his or her 7 belief that a tracking warrant should be issued by the magistrate, 8 including, without limitation: 9 (1) Details as to the particular offense that has been, is 10 being or is about to be committed; 11 (2) The identity of the person, if known, committing the 12 offense whose location information is to be obtained; 13 (3) A particular description of the nature of the electronic 14 device or unique identifier for which location information is to be 15 obtained; 16 (4) A statement of the period for which the location 17 information is sought to be collected; and 18 (5) A statement of the objective that collecting location 19 information will achieve. 20 (c) If the application is for the extension of the period specified 21 in the original tracking warrant, a statement setting forth: 22 (1) The results thus far obtained from the collection of 23 location information or a reasonable explanation of the failure to 24 obtain such results; 25 (2) How the granting of the extension will aid in achieving 26 the objective stated in the original application; 27 (3) The identity, if learned or known, of the owner and the 28 user of the electronic device or the user of the unique identifier; 29 and 30 (4) If location information was obtained, the identity of the 31 electronic communication service provider, location information 32 service provider or remote computing service provider from which 33 the location information was obtained. 34 3. The magistrate may require the peace officer making the 35 application to furnish additional testimony or documentary 36 evidence under oath or affirmation in support of the application. 37 Oral testimony must be reduced to writing. 38 4. The magistrate may accept a facsimile or electronic copy of 39 the signature of any person required to give an oath or 40 affirmation, as part of an application submitted pursuant to this 41 section, as an original signature to the application. 42 5. Applications made for and tracking warrants and any 43 extensions thereof issued under this section must be sealed by the 44 magistrate and must not be disclosed except in the following cases: 45 – 6 – - *SB361* (a) Upon a showing of good cause before a court of competent 1 jurisdiction. 2 (b) To the extent necessary to execute the tracking warrant. 3 (c) To comply with section 17 or 19 of this act. 4 Sec. 16. 1. Each tracking warrant, or extension thereof, 5 issued pursuant to section 15 of this act must: 6 (a) Specify the identity of the peace officer authorized to 7 collect the location information of the electronic device or unique 8 identifier, and the magistrate authorizing the application; 9 (b) State the grounds or probable cause for its issuance and 10 the name of any person whose affidavit has been taken in support 11 thereof or incorporate by reference the affidavit or statement upon 12 which it is based; 13 (c) Identify the electronic device or unique identifier for which 14 the peace officer identified in paragraph (a) is authorized to 15 collect location information; 16 (d) Specify the period for which the location information is 17 authorized to be collected, including a statement as to whether or 18 not the authorization will automatically te [Text truncated for display. Full text available on LegiScan.]