SB 1918

Abstract

Creates the Freedom From Cell Phone Location Surveillance Act. Provides that a law enforcement agent may not obtain location information without a search warrant based on probable cause issued under the search warrant provisions of the Code of Criminal Procedure of 1963, except as otherwise provided in the Act. Provides that a law enforcement agent may obtain location information: (1) in order to respond to a user's call for emergency services; (2) with the express consent of the subscriber or user of the electronic communications device concerned; or (3) when a law enforcement agent reasonably believes that obtaining location information without delay is necessary to protect a person in an emergency situation involving a clear and present danger of imminent death or great bodily harm, and the request for disclosure of location is narrowly tailored to address the emergency situation, subject to certain limitations. Provides that except as proof of a violation of the Act, no evidence obtained in violation of the Act shall be admissible in any criminal, civil, administrative, or other proceeding, unless the State can prove that evidence obtained would inevitably have been discovered by lawful means as a part of the ongoing investigation.