2018 -- H 7755

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LC003880

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - SEARCH WARRANTS

     Introduced By: Representatives Filippi, Chippendale, Morgan, and Roberts

     Date Introduced: February 28, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 12-5-10 of the General Laws in Chapter 12-5 entitled "Search

Warrants" is hereby amended to read as follows:

     12-5-10. Electronic communication services.

     (a) Definitions. As used in this section:

     (1) "Content" means, with respect to any electronic communication, any and all

information concerning the substance, purport, or meaning of that communication.

     (2) "Electronic communication" means as that term is defined in 18 U.S.C. § 2510(12).

     (3) "Electronic communication service" means as that term is defined in 18 U.S.C. §

2510(15).

     (4) "Government entity" means as that term is defined in 18 U.S.C. § 2711(4).

     (5) "Remote computing service" means as that term is defined in 18 U.S.C. § 2711(2).

     (6) "Wire communication" means as that term is defined in 18 U.S.C. § 2510(1).

     (a)(b) Based on probable cause, a warrant may be issued to corporations a provider of an

electronic communication service or remote computing service located outside the state of Rhode

Island that provide electronic communication services to the general public in connection with

any communications sent to or received by customers or recipients located in Rhode Island. The

warrant may require the provision of customer identity, data stored by or on behalf of the

customer, the customer's usage of those services, the recipient or destination of communications

sent to or from those customers, or the content of those communications.

      (c) Except as provided in subsection (d) of this section, within a reasonable time, but not

later than twenty (20) days after service of a warrant by a governmental entity for the disclosure

of the content of an electronic communication of a subscriber or customer from a provider of an

electronic communication service or remote computing service, the government entity shall serve

upon the subscriber or customer in a manner specified by the court issuing the warrant:

     (1) A true copy of the warrant;

     (2) The date the warrant was served;

     (3) A notice that describes with specificity the nature of the inquiry; and

     (4) A description of all information and content received by the government entity as a

result of the warrant.

     (d) A government entity seeking a warrant under this section may include in the

application for the warrant a request for an order to include:

     (1) That the government entity not be required to give notification pursuant to the

provisions of subsection (c) of this section for such reasonable periods of time that the court finds

there is reason to believe that notification may have serious adverse consequences to include, but

not limited to:

     (i) Endangering the life or physical safety of an individual;

     (ii) Flight from prosecution;

     (iii) Obstruction of justice;

     (iv) Destruction of or tampering with evidence;

     (v) Intimidation of potential witnesses; or

     (vi) Otherwise seriously jeopardizing an investigation or the administration of justice.

     In no instance shall the court extend the notice period beyond one hundred eighty (180)

days from the service of the warrant.

     (2) Directing the provider of an electronic communication service or remote computing

service to not notify any person, except legal counsel for advice or representation, of the warrant

for the period of time that the court finds there is reason to believe that notification may have

serious adverse consequences, but not to exceed one hundred eighty (180) days from service of

the warrant.

     (e) Providers of electronic communication services and remote computing services

subject to legal process under this section shall have standing to challenge a warrant or other legal

process that is inconsistent with this section or other applicable state or federal law, or on the

grounds that the process is unduly burdensome.

     (f) An electronic communication service or remote computing service, its officers,

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employees, and agents are immune from suit in any civil action for providing information or

assistance in accordance with the terms of a warrant issued under this section, or for objecting in

good faith to a warrant.

     (g) Nothing in this section shall be construed to prohibit a provider from disclosing the

contents of an electronic or wire communication to a government entity pursuant to 18 U.S.C. §

2702(b).

     (b)(h) Any warrant issued under this section shall be honored within the state of Rhode

Island and also in any foreign jurisdiction which has any law in place providing for the honoring

of such warrants.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - SEARCH WARRANTS

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     This act would provide for the issuance of search warrants to providers of electronic

communication service and remote computing services based on probable cause. This act would

further provide for notice provisions for the customer that is the target of the warrant.

     This act would take effect upon passage.

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