Read the full stored bill text
House
File
2677
-
Introduced
HOUSE
FILE
2677
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
743)
A
BILL
FOR
An
Act
establishing
procedures
and
requirements
for
1
reverse-location
information
searches
by
law
enforcement
or
2
any
governmental
entity.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
808.17
Reverse-location
warrant.
1
1.
For
purposes
of
this
section:
2
a.
“Anonymized”
means
identifying
information
connected
3
to
an
electronic
device
in
a
manner
such
that
the
subject,
4
including
an
individual,
household,
device,
or
internet
5
protocol
address,
is
not
identifiable
to
a
law
enforcement
6
agency.
7
b.
“Cell
site”
means
transmission
or
reception
equipment,
8
including
a
base-station
antenna,
that
connects
an
electronic
9
device
to
a
network.
10
c.
“Cell
site
record”
means
the
cell
site
location
11
information
of
an
electronic
device
that
corresponds
to
a
12
specific
cell
site
and
time
frame.
13
d.
“Electronic
device”
means
a
device
that
enables
access
14
to
or
use
of
a
location
information
service
or
can
otherwise
15
create
or
provide
location
information.
16
e.
“Geofence”
means
a
specified
geographic
area
defined
by
a
17
virtual
perimeter
or
geographic
coordinates.
18
f.
“Government
entity”
means
a
state
or
local
agency,
19
including
but
not
limited
to
a
law
enforcement
entity
or
any
20
other
investigative
entity,
agency,
department,
division,
21
bureau,
board,
or
commission,
or
an
individual
or
entity
acting
22
or
purporting
to
act
for
or
on
behalf
of
a
state
or
local
23
agency.
24
g.
“Identifying
information”
means
information
tied
to
an
25
electronic
device
that
identifies
the
user’s
or
owner’s
name,
26
address,
phone
number,
email
address,
or
other
information
that
27
would
identify
the
owner
or
user
of
the
electronic
device.
28
h.
“Location
information”
means
information
concerning
29
the
geographical
location
of
an
electronic
device
that,
in
30
whole
or
in
part,
is
generated,
derived
from,
or
obtained
by
31
the
operation
of
an
electronic
device
or
the
operation
of
32
a
software
application
on
an
electronic
device.
“Location
33
information”
includes
past,
current,
and
future
location
34
information.
35
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i.
“Reverse-location
information”
means
historical
location
1
information
for
a
defined
time
period,
within
a
geographic
2
location,
that
affects
a
number
of
electronic
devices
for
which
3
the
identities
of
the
owners
or
users
of
the
electronic
devices
4
are
unknown
to
law
enforcement.
5
2.
a.
For
a
criminal
investigation
or
prosecution,
a
6
law
enforcement
agency
shall
not
obtain
reverse-location
7
information
for
electronic
devices
within
a
geofence
unless
the
8
law
enforcement
agency
obtains
a
search
warrant
as
provided
9
under
this
section,
the
investigation
or
prosecution
involves
a
10
violent
felony,
and
the
law
enforcement
agency
can
demonstrate
11
an
imminent,
ongoing
threat
to
public
safety.
12
b.
To
obtain
reverse-location
information
inside
of
a
13
geofence,
a
law
enforcement
agency
shall
include
with
the
sworn
14
warrant
application
all
of
the
following:
15
(1)
A
map
or
other
visual
depiction
that
represents
the
16
geofence
for
which
the
warrant
is
seeking
information.
17
(2)
The
following
language
at
the
beginning
of
the
18
application
in
a
legible
font
no
smaller
than
other
text
19
appearing
in
the
application:
20
NOTICE:
This
warrant
application
seeks
judicial
21
authorization
for
the
disclosure
of
reverse-location
22
information
of
electronic
devices
near
the
location
of
a
23
crime
at
or
near
the
time
of
the
crime.
If
authorized,
the
24
warrant
allows
law
enforcement
to
obtain
historical
location
25
information
of
all
devices
within
the
area
described
in
the
26
warrant
during
the
specified
time
from
entities
in
possession
27
of
the
relevant
data.
The
electronic
devices
captured
in
28
the
warrant
may
be
owned
or
used
by
both
alleged
criminal
29
perpetrators
and
individuals
not
involved
in
the
commission
30
of
a
crime.
For
this
reason,
any
warrant
issued
must
31
require
the
anonymization
of
all
devices
associated
with
the
32
reverse-location
information.
33
(3)
Evidence
establishing
probable
cause
to
believe
that
34
evidence
of
a
crime
will
be
found
within
the
geofence
and
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within
a
specified
period
of
time.
1
c.
If
a
court
grants
a
warrant
under
this
subsection,
2
the
court
shall
require
all
electronic
device
data
provided
3
pursuant
to
the
warrant
to
be
anonymized
before
the
4
reverse-location
information
is
released
to
the
law
enforcement
5
agency.
6
d.
A
law
enforcement
agency
obtaining
reverse-location
7
information
by
placing
a
geofence
around
a
public
building
8
without
obtaining
a
search
warrant
shall
not
be
justified
by
9
qualified
immunity.
10
3.
a.
For
a
criminal
investigation
or
prosecution,
a
11
law
enforcement
agency
shall
not
obtain
reverse-location
12
information
based
on
cell
site
records
unless
the
law
13
enforcement
agency
obtains
a
search
warrant
as
provided
under
14
this
section,
the
investigation
or
prosecution
involves
a
15
violent
felony,
and
the
law
enforcement
agency
can
demonstrate
16
an
imminent,
ongoing
threat
to
public
safety.
17
b.
To
obtain
cell
site-based
reverse-location
information,
18
a
law
enforcement
agency
shall
include
with
the
sworn
warrant
19
application
all
of
the
following:
20
(1)
A
visual
depiction
or
written
description
that
21
identifies:
22
(a)
The
crime
scene
location
and
any
other
areas
of
interest
23
related
to
the
crime.
24
(b)
The
location
of
cell
sites
from
which
the
25
reverse-location
information
is
sought.
26
(c)
The
distance
between
the
crime
scene
location
and
the
27
cell
sites
from
which
the
reverse-location
information
is
28
sought.
29
(2)
The
following
language
at
the
beginning
of
the
30
application
in
a
legible
font
no
smaller
than
other
text
31
appearing
in
the
application:
32
NOTICE:
This
warrant
application
seeks
judicial
33
authorization
for
the
disclosure
of
reverse-location
34
information
of
electronic
devices
near
the
location
of
a
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crime
at
or
near
the
time
of
the
crime.
If
authorized,
the
1
warrant
allows
law
enforcement
to
obtain
historical
location
2
information
of
all
devices
within
the
area
described
in
the
3
warrant
during
the
specified
time
from
entities
in
possession
4
of
the
relevant
data.
The
electronic
devices
captured
in
5
the
warrant
may
be
owned
or
used
by
both
alleged
criminal
6
perpetrators
and
individuals
not
involved
in
the
commission
7
of
a
crime.
For
this
reason,
any
warrant
issued
must
8
require
the
anonymization
of
all
devices
associated
with
the
9
reverse-location
information.
10
(3)
Evidence
establishing
probable
cause
to
believe
that
11
evidence
of
a
crime
will
be
found
within
the
cell
site
records
12
and
within
a
specified
period
of
time.
13
c.
If
a
court
grants
a
warrant
under
this
subsection,
14
the
court
shall
require
all
electronic
device
data
provided
15
pursuant
to
the
warrant
to
be
anonymized
before
the
16
reverse-location
information
is
released
to
the
law
enforcement
17
agency.
18
4.
a.
If,
after
executing
a
warrant
described
in
19
subsection
2
or
3,
a
law
enforcement
agency
seeks
to
obtain
20
reverse-location
information
beyond
the
parameters
of
the
21
warrant,
the
law
enforcement
agency
shall
do
all
of
the
22
following:
23
(1)
Include
in
the
sworn
warrant
application
the
specific
24
electronic
devices
identified
in
the
anonymized
data
for
which
25
the
law
enforcement
agency
seeks
additional
reverse-location
26
information.
27
(2)
Establish
probable
cause
to
believe
that
evidence
of
a
28
crime
will
be
found
within
a
specified
period
of
time.
29
(3)
Affirm
that
the
crime
described
in
subparagraph
(2)
30
is
the
same
crime
or
directly
related
to
the
crime
that
was
31
the
subject
of
the
warrant
obtained
under
subsection
2
or
3,
32
or
is
a
crime
subject
to
the
judicially
recognized
plain-view
33
exception
to
the
warrant
requirement.
34
b.
If
a
court
grants
a
warrant
under
this
subsection,
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the
court
shall
require
all
electronic
device
data
provided
1
pursuant
to
the
warrant
to
be
anonymized
before
the
2
reverse-location
information
is
released
to
the
law
enforcement
3
agency.
4
5.
To
obtain
identifying
information
for
an
electronic
5
device
identified
pursuant
to
a
warrant
obtained
under
6
subsection
2,
3,
or
4,
a
law
enforcement
agency
shall
establish
7
in
the
sworn
warrant
application
probable
cause
to
believe
that
8
the
electronic
device
was
used
or
otherwise
implicated
in
a
9
crime.
10
6.
a.
A
law
enforcement
agency
shall
not
use,
copy,
11
or
disclose,
for
any
purpose,
reverse-location
information
12
obtained
under
a
warrant
under
subsection
2,
3,
or
4,
that
is
13
all
of
the
following:
14
(1)
Not
related
to
the
crime
that
is
the
subject
of
the
15
warrant.
16
(2)
Collected
as
part
of
an
effort
to
obtain
the
17
reverse-location
information
of
an
electronic
device
that
18
is
related
to
the
crime
that
is
the
subject
of
the
warrant
19
obtained
under
subsection
2,
3,
or
4.
20
b.
The
law
enforcement
agency
shall
destroy
in
an
21
unrecoverable
manner
the
reverse-location
information
described
22
in
paragraph
“a”
as
soon
as
reasonably
possible
after
the
23
criminal
case
is
declined
for
prosecution
or,
if
criminal
24
charges
are
filed,
upon
the
final
disposition
of
the
criminal
25
case.
26
c.
Reverse-location
information
obtained
under
subsection
2,
27
3,
or
4
shall
not
be
used
in
any
of
the
following
manners:
28
(1)
Compared
with,
merged
with,
linked
to,
or
in
any
way
29
electronically
or
otherwise
connected
to
a
source
of
electronic
30
data,
including
a
database
or
file,
containing
one
or
more
31
points
of
data
that
includes
the
location
information
provided
32
by
an
electronic
device
unless
all
of
the
electronic
data,
33
including
the
reverse-location
information,
is
obtained
for
the
34
purpose
of
investigating
the
same
criminal
incident.
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(2)
Used
in
any
other
criminal
investigation
or
1
prosecution.
2
d.
A
person
or
entity
that
provides
reverse-location
3
information
under
this
section
shall
ensure
that
the
4
reverse-location
information
is
anonymized
before
the
5
reverse-location
information
is
provided
to
a
law
enforcement
6
agency.
7
7.
a.
Except
as
provided
in
paragraph
“b”
or
“c”
,
a
law
8
enforcement
agency
that
executes
a
warrant
under
subsection
5
9
shall
serve
a
notice
described
in
subsection
3
on
the
owner
of
10
the
electronic
device
for
which
identifying
information
was
11
obtained
as
follows:
12
(1)
Within
ninety
days
after
the
day
on
which
the
13
identifying
information
is
obtained
by
the
law
enforcement
14
agency,
but
in
no
case
more
than
three
days
after
the
day
on
15
which
the
investigation
is
concluded.
16
(2)
If
the
owner
of
the
electronic
device
for
which
the
17
identifying
information
specified
in
the
warrant
is
unknown
to
18
the
law
enforcement
agency,
within
ninety
days
after
the
day
19
on
which
the
law
enforcement
agency
identifies,
or
reasonably
20
could
identify,
the
owner.
21
b.
A
law
enforcement
agency
is
not
required
to
serve
a
22
notice
described
in
paragraph
“a”
to
the
owner
of
the
electronic
23
device
for
which
identifying
information
was
obtained
if
the
24
owner
resides
outside
of
the
United
States.
25
c.
A
law
enforcement
agency
seeking
a
warrant
in
accordance
26
with
subsection
5
may
submit
a
request,
and
the
court
may
grant
27
permission,
to
delay
service
of
the
notice
required
under
28
paragraph
“a”
for
a
period
not
to
exceed
thirty
days
if
the
29
court
determines
that
there
is
reasonable
cause
to
believe
that
30
the
notification
may
do
any
of
the
following:
31
(1)
Endanger
the
life
or
physical
safety
of
an
individual.
32
(2)
Cause
a
person
to
flee
from
prosecution.
33
(3)
Lead
to
the
destruction
of
or
tampering
with
evidence.
34
(4)
Intimidate
a
potential
witness.
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(5)
Otherwise
seriously
jeopardize
an
investigation
or
1
unduly
delay
a
trial.
2
d.
When
a
delay
of
notification
is
granted
under
paragraph
3
“c”
and
upon
application
by
the
law
enforcement
agency,
the
4
court
may
grant
additional
extensions
of
up
to
thirty
days
5
each.
6
e.
(1)
A
law
enforcement
agency
that
seeks
a
warrant
7
in
accordance
with
subsection
5
may
submit
a
request
to
the
8
court,
and
the
court
may
grant
permission,
to
delay
service
9
of
the
notice
required
under
paragraph
“a”
if
the
purpose
of
10
delaying
the
notification
is
to
apprehend
an
individual
who
is
11
a
fugitive
from
justice
for
whom
an
arrest
warrant
has
been
12
issued
for
a
forcible
felony
as
defined
in
section
702.11.
13
(2)
The
court
may
grant
the
request
to
delay
notification
14
until
the
individual
who
is
a
fugitive
is
apprehended
by
the
15
law
enforcement
agency.
16
f.
The
notice
required
under
paragraph
“a”
shall
include
all
17
of
the
following:
18
(1)
A
copy
of
the
warrant.
19
(2)
A
written
statement
identifying
the
offense
specified
20
in
the
warrant
application,
the
identity
of
the
law
enforcement
21
agency
that
filed
the
application,
the
date
on
which
the
22
location
information
or
identifying
information
was
obtained,
23
and
the
number
and
length
of
any
authorized
delays
in
24
serving
the
notice
required
under
paragraph
“a”
including,
if
25
applicable,
the
name
of
the
court
that
authorized
the
delay
and
26
a
reference
to
the
provision
of
this
section
that
permitted
the
27
delay.
28
g.
A
law
enforcement
agency
shall
serve
the
notice
required
29
under
paragraph
“a”
to
the
owner
of
the
electronic
device
by
30
personal
service
on
the
owner,
by
first
class
mail
to
the
31
owner’s
last
known
address,
or
by
other
reasonable
means
if
the
32
owner’s
last
known
address
is
unknown.
33
8.
Reverse-location
information
or
identifying
information
34
obtained
in
violation
of
the
provisions
of
this
section
shall
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be
subject
to
the
rules
governing
exclusion
of
evidence
as
if
1
the
records
were
obtained
in
violation
of
the
fourth
amendment
2
to
the
Constitution
of
the
United
States
and
Article
I,
section
3
8,
of
the
Constitution
of
the
State
of
Iowa.
4
9.
Beginning
January
1,
2027,
a
law
enforcement
agency
or
5
any
government
entity
that
obtained
a
reverse-location
warrant
6
shall
annually,
on
or
before
April
30,
submit
a
report
to
the
7
general
assembly
with
the
following
data
for
the
previous
8
calendar
year:
9
a.
The
number
of
reverse-location
warrants
requested
by
the
10
law
enforcement
agency
under
subsection
2,
3,
or
4.
11
b.
The
number
of
investigations
that
used
information
12
obtained
under
a
reverse-location
warrant
to
investigate
a
13
crime
that
was
not
the
subject
of
the
reverse-location
warrant.
14
c.
The
number
of
times
identifying
information
for
an
15
electronic
device
was
obtained
under
subsection
5.
16
d.
The
number
of
electronic
devices
for
which
anonymized
17
electronic
device
data
was
obtained
under
each
reverse-location
18
warrant
described
under
subsection
2,
paragraph
“a”
.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
establishes
procedures
and
requirements
23
for
reverse-location
searches
by
law
enforcement
or
any
24
governmental
entity.
25
The
bill
provides
that
for
a
criminal
investigation
or
26
prosecution,
a
law
enforcement
agency
shall
not
obtain
27
reverse-location
information
for
electronic
devices
within
a
28
geofence
unless
the
law
enforcement
agency
obtains
a
search
29
warrant
as
provided
under
the
bill,
the
investigation
or
30
prosecution
involves
a
violent
felony,
and
the
law
enforcement
31
agency
can
demonstrate
an
imminent,
ongoing
threat
to
public
32
safety.
A
law
enforcement
agency
shall
include
with
the
33
sworn
warrant
application
a
map
or
other
visual
depiction
34
that
represents
the
geofence
for
which
the
warrant
is
seeking
35
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information
and
specific
language
providing
notice.
If
a
1
court
grants
a
warrant,
the
court
shall
require
all
electronic
2
device
data
provided
pursuant
to
the
warrant
to
be
anonymized
3
before
the
reverse-location
information
is
released
to
the
law
4
enforcement
agency.
A
law
enforcement
agency
that
obtains
5
reverse-location
information
by
placing
a
geofence
around
a
6
public
building
without
obtaining
a
search
warrant
is
not
7
justified
by
qualified
immunity.
8
The
bill
provides
that
a
law
enforcement
agency
shall
not
9
obtain
reverse-location
information
based
on
cell
site
records
10
unless
the
law
enforcement
agency
obtains
a
search
warrant
as
11
provided,
the
investigation
or
prosecution
involves
a
violent
12
felony,
and
the
law
enforcement
agency
can
demonstrate
an
13
imminent,
ongoing
threat
to
public
safety.
To
obtain
cell
14
site-based
reverse-location
information,
a
law
enforcement
15
agency
shall
include
with
the
sworn
warrant
application
a
16
visual
depiction
or
written
description
that
identifies
the
17
crime
scene
location
and
any
other
areas
of
interest
related
18
to
the
crime,
the
location
of
cell
sites
from
which
the
19
reverse-location
information
is
sought,
and
the
distance
20
between
the
crime
scene
location
and
the
cell
sites
from
which
21
the
reverse-location
information
is
sought;
provide
specific
22
notice
language;
and
establish
probable
cause
to
believe
that
23
evidence
of
a
crime
will
be
found
within
the
cell
site
records
24
and
within
a
specified
period
of
time.
If
a
court
grants
a
25
warrant,
the
court
shall
require
all
electronic
device
data
26
provided
pursuant
to
the
warrant
to
be
anonymized
before
the
27
reverse-location
information
is
released
to
the
law
enforcement
28
agency.
29
The
bill
provides
that
a
law
enforcement
agency
shall
not
30
use,
copy,
or
disclose,
for
any
purpose,
reverse-location
31
information
obtained
under
a
warrant
that
is
not
related
to
the
32
crime
that
is
the
subject
of
the
warrant
and
is
collected
as
33
part
of
an
effort
to
obtain
the
reverse-location
information
34
of
an
electronic
device
that
is
related
to
the
crime
that
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is
the
subject
of
the
warrant
obtained
under
the
bill.
The
1
law
enforcement
agency
shall
destroy
in
an
unrecoverable
2
manner
the
reverse-location
information
as
soon
as
reasonably
3
possible
after
the
criminal
case
is
declined
for
prosecution
4
or,
if
criminal
charges
are
filed,
upon
the
final
disposition
5
of
the
criminal
case.
Reverse-location
information
shall
6
not
be
compared
with,
merged
with,
linked
to,
or
in
any
7
way
electronically
or
otherwise
connected
to
a
source
of
8
electronic
data,
or
used
in
any
other
criminal
investigation
9
unless
all
the
electronic
data
is
obtained
for
the
purpose
of
10
investigating
the
same
criminal
incident.
A
person
or
entity
11
that
provides
reverse-location
information
shall
ensure
that
12
the
reverse-location
information
is
anonymized
before
the
13
reverse-location
information
is
provided
to
a
law
enforcement
14
agency.
15
The
bill
provides
the
procedure
for
obtaining
additional
16
identifying
information.
A
law
enforcement
agency
seeking
17
a
warrant
may
submit
a
request,
and
the
court
may
grant
18
permission,
to
delay
service
of
the
notice
required
not
19
to
exceed
30
days
if
the
court
determines
that
there
is
20
reasonable
cause
to
believe
that
the
notification
may
do
any
21
of
the
following:
endanger
the
life
or
physical
safety
of
22
an
individual,
cause
a
person
to
flee
from
prosecution,
lead
23
to
the
destruction
of
or
tampering
with
evidence,
intimidate
24
a
potential
witness,
or
otherwise
seriously
jeopardize
an
25
investigation
or
unduly
delay
a
trial.
26
The
bill
provides
that
reverse-location
information
or
27
identifying
information
obtained
in
violation
of
the
provisions
28
of
the
bill
is
subject
to
the
rules
governing
exclusion
of
29
evidence
as
if
the
records
were
obtained
in
violation
of
the
30
fourth
amendment
to
the
Constitution
of
the
United
States
and
31
Article
I,
section
8,
of
the
Constitution
of
the
State
of
Iowa.
32
Beginning
January
1,
2027,
a
law
enforcement
agency
or
any
33
government
entity
that
obtained
a
reverse-location
warrant
34
shall
annually,
on
or
before
April
30,
submit
a
report
to
the
35
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H.F.
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general
assembly.
1
The
bill
provides
definitions.
2
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