Reference is to the bill as introduced.
Amend the bill, as and if amended, SECTION 1, by striking Section 23-53-50 and inserting:
/ Section 23-53-50.
Notice must be given to the owner or subscriber whose
electronic device was searched or whose geolocation information
or electronic data was obtained by a governmental entity unless
the search, geolocation information, or electronic data pertains
to a suspect in an investigation or the identity of the owner or
subscriber is not readily known. A law enforcement officer or
prosecutor seeking electronic data pursuant to Section 23-53-40
may apply to a court of record for an order commanding the
service provider to whom a warrant, subpoena, or court order is
directed not to disclose to any person the existence of the
warrant, subpoena, or court order. Also, a law enforcement
entity shall not disclose the existence of the warrant,
subpoena, or court order as ordered by the court. The order is
effective for the period the court considers appropriate. The
court shall enter the order if the court determines that there
is reason to believe that notification of the existence of the
warrant, subpoena, or court order will have an adverse result.
For purposes of this section, an 'adverse result' means:
(1) endangering the
life or physical safety of an individual;
(2) flight from
prosecution;
(3) destruction of or
tampering with evidence; or
(4) intimidation of a
potential witness. /
Renumber sections to conform.
Amend title to conform.