Plain English Breakdown
The bill status shows 'Passed Legislature' but also lists a committee action date in August 2025; the effective date is unknown.
AB-358: Criminal Procedure and Privacy Rules
This law allows government agencies to access data from tracking devices found by individuals with their consent, requires courts to review these actions within three court days, and updates rules for people to challenge illegal searches.
What This Bill Does
- Allows a government entity to get information from an electronic device if the person who finds it gives specific consent.
- Applies this rule when someone reasonably believes a tracking or surveillance device was used on them without permission.
- Requires the government to ask a court for approval within 3 court days after getting the information under these new rules.
- Orders courts to destroy all collected data if they find the facts did not match what was described in the application.
- Updates existing laws so individuals can petition a court to stop or fix any legal request that violates privacy rights.
Who It Names or Affects
- Government entities seeking electronic device information
- Individuals who locate tracking or surveillance devices used on them without permission
- Courts reviewing emergency applications and petitions from individuals
Terms To Know
- Electronic Communications Privacy Act
- The existing law that sets rules for when the government can access electronic data.
- Tracking or surveillance device
- A tool used to follow a person's location or record their activities without consent, as defined by this bill.
- Court days
- Days when the court is open for business, excluding weekends and holidays.
Limits and Unknowns
- The official text does not specify an effective date.
- The final status of executive action after legislative passage is not shown in the provided material.
- Specific definitions for 'reasonably believed' are determined by court interpretation rather than this summary.