Warrants for digital records.

20LSO-0181
2020
STATE OF WYOMING
20LSO-0181
ENGROSSED
3.0

SENATE FILE NO. SF0010

Warrants for digital records.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to criminal procedure; authorizing warrants to out-of-state providers of electronic communication services and remote computing services; specifying procedures; requiring Wyoming providers to comply with out-of-state warrants as specified; providing immunity for compliance; defining terms; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 7
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7
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106 is created to read:

7
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7
‑
106.

Warrants to out
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of
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state providers of electronic communication services and remote computing services; definitions; production of records to another state; notice; immunity.

(a)

As used in this section:

(i)

"Electronic communication" means as defined in W.S. 2
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3
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1002(a)(x);

(ii)

"Electronic communication service" means any custodian or service that provides to users the ability to send or receive wire or electronic communications;

(iii)

"Provider" means an entity that provides electronic communication services or remote computing services to the general public;

(iv)

"Records relating to electronic communications services or remote computing services" includes papers, documents, records, location information, transitional records or other things whether in physical or electronic form that
reveal the identity of the customers using those services, 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;

(v)

"Remote computing service" means any service that provides computer storage or processing services by means of an electronic communications system.

(b)

Provided that the criminal matter is triable in the state of Wyoming, any district or circuit judge may issue a warrant authorizing the seizure of, or compelling the production of, records relating to electronic communications services or remote computing services if probable cause exists to believe that the records tend to show that a crime has been committed or that a particular person has committed a crime, or may lead to the discovery of a missing person, regardless of whether:

(i)

The provider is located within the state of Wyoming; or

(ii)

The records sought are located within the state of Wyoming.

(c)

A warrant issued pursuant to subsection (b) of this section may be served by:

(i)

Hand delivering a copy to the provider;

(ii)

Sending a copy by:

(A)

Certified or registered mail;

(B)

Express mail; or

(C)

Any other means of service specified by the provider, including facsimile,
email or submission via an internet web portal that the provider has designated for the purpose of service of process.

(iii)

Any means specified by court rule for the service of warrants authorized by this section.

(d)

When properly served with a
warrant issued pursuant to subsection (b) of this section, a provider shall produce to the applicant all records sought under the warrant within ten (10) business days, except:

(i)

The warrant may require production within less than ten (10) business days if the judge finds reasonable cause in the application to believe that failure to produce the records within ten (10) business days would result in:

(A)

Danger to the life or physical safety of an individual;

(B)

A flight from prosecution;

(C)

The destruction of or tampering with evidence;

(D)

The intimidation of potential witnesses;

(E)

Serious jeopardy to an investigation; or

(F)

Undue delay of a trial.

(ii)

If the applicant consents to a request from the provider for additional time to produce the records sought by the warrant and notice is provided to the court by the consenting applicant;

(iii)

If a provider or user seeks to quash the warrant by filing a motion seeking relief from the court that issued the warrant within the time required for production of records pursuant to this subsection. The issuing court shall hear and decide the motion not later than five (5) business days after the motion is filed.

(e)

A provider shall verify the authenticity of records that it produces under this section by providing an affidavit attesting to the nature and identification of the records, and by providing contact information of the custodian or other qualified person who compiled the records. When verified, the condition precedent to admissibility under Rule 901 of the Wyoming Rules of Evidence shall be deemed satisfied.

(f)

A Wyoming provider, when served with a warrant issued from the court of another state or the District of
Columbia to produce
records relating to electronic communications services or remote computing services,
shall produce those records as if that warrant had been issued by a Wyoming court.

(g)

Any person or entity providing records in accordance with the terms of a warrant issued under this section or in accordance with subsection (f) of this section is immune from criminal or civil liability related to the production of the records.

(h)

Any warrant issued under this section shall comply with federal law, including provisions prohibiting, limiting or imposing additional requirements on the use of search warrants.

Section 2.

W.S. 7
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7
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101(a)(intro) and by creating a new subsection (b) is amended to read:

7
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7
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101.

Authority to issue; grounds.

(a)

Except as provided in subsection (b) of this section, a
ny district judge, district court commissioner,
circuit judge or magistrate authorized pursuant to W.S. 5
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9
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208(a), (b) or (c)(xv) or 5
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9
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212(a)(ix) may issue a search warrant to search for and seize any property:

(b)

A warrant issued under W.S. 7
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7
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106 shall be issued by a district or circuit court judge.

Section 3
.

This act is effective July 1, 2020
.

(END)

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SF0010