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HB1644 • 2026

Pen register; bring forward provision that regulates.

AN ACT TO BRING FORWARD SECTION 41-29-701, MISSISSIPPI CODE OF 1972, WHICH REGULATES WIRETAPS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

Crime
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Deweese
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

Checked against official source text during the last sync.

Bringing Forward Pen Register Regulations

This bill brings forward a section of the Mississippi Code that regulates pen registers and similar devices for law enforcement use in drug investigations.

What This Bill Does

  • Moves existing regulations about pen registers, trap and trace devices, and caller ID from one part of the code to another.
  • Allows attorneys for the Bureau of Narcotics to apply for a court order to install these devices if they are investigating felony drug crimes.
  • Requires communications companies to help set up and maintain these devices when ordered by a judge.
  • Limits how long these orders can last without being renewed, with each renewal not exceeding 30 days.
  • Requires the Bureau of Narcotics to report annually on the use of pen registers.

Who It Names or Affects

  • Law enforcement agencies investigating drug crimes
  • Communications companies providing technical assistance

Terms To Know

Pen register
A device that records phone numbers dialed from a specific line.
Trap and trace device
A tool that captures signals to identify the origin of communications.

Limits and Unknowns

  • The bill did not pass during its session.
  • It is unclear how many people or companies will be directly affected by these regulations.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Judiciary A

Official Summary Text

Pen register; bring forward provision that regulates.

Current Bill Text

Read the full stored bill text 
H. B. No. 1644 *HR43/R2108* ~ OFFICIAL ~ G1/2
26/HR43/R2108
PAGE 1 (GT\KP)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Deweese

HOUSE BILL NO. 1644

AN ACT TO BRING FORWARD SECTION 41-29-701, MISSISSIPPI CODE 1
OF 1972, WHICH REGULATES WIRETAPS, FOR PURPOSES OF AMENDMENT; AND 2
FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 41-29-701, Mississippi Code of 1972, is 5
brought forward as follows: 6
41-29-701. (1) As used in this section, the following words 7
and phrases shall have the meanings ascribed to them herein unless 8
the context clearly requires otherwise: 9
(a) "Pen register" means a mechanical or electronic 10
device that attaches to a telephone line and is capable of 11
recording outgoing numbers dialed from that line and date, time 12
and duration of any incoming communication to that line. 13
(b) "Trap and trace device" means a device which 14
captures the incoming electronic or other signals which identifies 15
the originating number of an instrument or device from which a 16
wire or other communication was transmitted. 17
H. B. No. 1644 *HR43/R2108* ~ OFFICIAL ~
26/HR43/R2108
PAGE 2 (GT\KP)

(c) "Caller ID" means a service offered by a provider 18
of communications services which identifies either or both of the 19
originating number or the subscriber of such number of an 20
instrument or device from which a wire or other communication was 21
transmitted. 22
(2) (a) Attorneys for the Bureau of Narcotics, upon their 23
own motion, may file an application with the circuit court for the 24
installation and use of a pen register, trap and trace device or 25
caller ID to obtain information material to an ongoing 26
investigation of a felony violation of the Uniform Controlled 27
Substances Law. Venue under this section shall be in the circuit 28
court district of any of the following: (i) the county of 29
residence of the subscriber, (ii) the county of residence of the 30
user, (iii) the county in which the billing address is located, or 31
(iv) the county in which the crime is allegedly being committed. 32
(b) The application shall be made in writing under oath 33
and shall include the name of the subscriber, the telephone number 34
or numbers, and the location of the telephone instrument or 35
instruments upon which the pen register will be utilized. The 36
application shall also set forth facts which the court shall 37
consider in determining that probable cause exists that the 38
installation and utilization of the pen register, trap and trace 39
device or caller ID will be material to an ongoing investigation 40
of a felony violation of the Uniform Controlled Substances Law. 41
H. B. No. 1644 *HR43/R2108* ~ OFFICIAL ~
26/HR43/R2108
PAGE 3 (GT\KP)

(c) Upon consideration of the application and a 42
determination that probable cause exists, the circuit court judge 43
may order the installation and utilization of the pen register, 44
trap and trace device or caller ID, and in the order the circuit 45
court judge shall direct a communications common carrier, as 46
defined by 47 USCS 153(h), to furnish all information, facilities 47
and technical assistance necessary to facilitate the installation 48
and utilization of the pen register, trap and trace device or 49
caller ID unobtrusively and with a minimum of interference to the 50
services provided by the carrier. The carrier is entitled to 51
compensation at the prevailing rates for the facilities and 52
assistance provided to the Bureau of Narcotics. 53
(d) An order for the installation and utilization of a 54
pen register, trap and trace device or caller ID is valid for not 55
more than thirty (30) days from the date the order is granted 56
unless, prior to the expiration of the order, an attorney for the 57
Bureau of Narcotics applies for and obtains from the court an 58
extension of the order. The period of extension may not exceed 59
thirty (30) days for each extension granted. 60
(e) The circuit court shall seal an application and 61
order for the installation and utilization of a pen register, trap 62
and trace device or caller ID granted under this section. The 63
contents of an application or order may not be disclosed except in 64
the course of a judicial proceeding and an unauthorized disclosure 65
is punishable as contempt of court. 66
H. B. No. 1644 *HR43/R2108* ~ OFFICIAL ~
26/HR43/R2108
PAGE 4 (GT\KP)
ST: Pen register; bring forward provision that
regulates.
(3) On or before January 5 of each year, the Director of the 67
Bureau of Narcotics shall submit a report to the Mississippi 68
Administrative Office of Courts detailing the number of 69
applications for pen registers sought and the number of orders for 70
the installation and utilization of pen registers, trap and trace 71
devices or caller ID granted during the preceding calendar year. 72
SECTION 2. This act shall take effect and be in force from 73
and after July 1, 2026. 74