SF0101 • 2021

Pen registers and trap and trace devices-authorization.

AN ACT relating to criminal procedure; authorizing the use of pen registers and trap and trace devices for the apprehension of persons suspected of felony and other offenses as specified; making conforming amendments; providing definitions; and providing for an effective date.

Crime

Did Not Pass

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

Sponsor: Senator Nethercott
Last action: 2021-03-25
Official status: inactive
Effective date: 3/1/2021

Plain English Breakdown

The bill did not pass, so its provisions would not have become law.

Pen Registers and Trap and Trace Devices Authorization

The bill allows the use of pen registers and trap and trace devices to help catch people suspected of felony crimes or violent offenses.

What This Bill Does

Allows prosecutors to ask a court for permission to use pen registers and trap and trace devices in investigations involving felonies or violent crimes.
Requires that information from these devices is relevant to the investigation before an order can be granted by the court.

Who It Names or Affects

Prosecutors who need to investigate felony crimes or violent crimes.
Courts that will issue orders based on applications from prosecutors.
People suspected of committing felonies or violent crimes.

Terms To Know

Pen Register: A device used by law enforcement to record the phone numbers dialed from a specific telephone line.
Trap and Trace Device: A tool that records incoming calls or messages to a particular phone number.

Limits and Unknowns

The bill did not pass in its session.
It only applies to investigations of felony crimes or violent crimes, not all types of criminal activity.
Details about how the devices are used and monitored are not provided in this summary.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0101S2001

2nd reading • Senator Hicks

Adopted

Plain English: The amendment changes the language in a bill about using pen registers and trap and trace devices to catch criminals, by making small edits to how certain phrases are written.

Replaces the comma after 'the use' with 'or'.
Removes 'or threatened use' from the text.
Changes 'the' to 'another' in a specific line.
Deletes 'another' and 'of property of' from the bill.

The exact impact of these changes on how pen registers and trap and trace devices are used is not clear without further context.

Bill History

2021-03-25 House
H COW:Failed 24-31-5-0-0
2021-03-19 House
H Placed on General File
2021-03-19 House
H01 - Judiciary:Recommend Do Pass 7-2-0-0-0
2021-03-17 House
H Introduced and Referred to H01 - Judiciary
2021-03-11 House
H Received for Introduction
2021-03-11 Senate
S 3rd Reading:Passed 17-13-0-0-0
2021-03-10 Senate
S 2nd Reading:Passed
2021-03-09 Senate
S COW:Passed
2021-03-04 Senate
S Placed on General File
2021-03-04 Senate
S01 - Judiciary:Recommend Do Pass 5-0-0-0-0
2021-03-01 Senate
S Introduced and Referred to S01 - Judiciary
2021-02-23 Senate
S Received for Introduction
2021-02-19 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

21LSO-0488
2021
STATE OF WYOMING
21LSO-0488
ENGROSSED
3.0

SENATE FILE NO. SF0101

Pen registers and trap and trace devices-authorization.

Sponsored by: Senator(s) Nethercott, Hutchings, Kolb and Kost and Representative(s) Brown, Oakley and Yin

A BILL

for

AN ACT relating to criminal procedure; authorizing the use of pen registers and trap and trace devices for the apprehension of persons suspected of felony and other offenses as specified; making conforming amendments; providing definitions; and providing for an effective date.

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

Section 1
.

W.S. 7
‑
3
‑
801(a) by creating a new paragraph (vii) and by renumbering (vii) as (viii), 7
‑
3
‑
803(a) and (b)(ii) and 7
‑
3
‑
804(a) are amended to read:

7
‑
3
‑
801.

Definitions.

(a)

As used in this act:

(vii)

"Crime of violence" means any offense that has as an element the use or attempted use of physical force against another person;

(vii)
(viii)

"This act" means W.S. 7
‑
3
‑
801 through 7
‑
3
‑
806.

7
‑
3
‑
803.

Application for an order for a pen register or a trap and trace device.

(a)

An attorney for the state may make application for an order or an extension of an order under W.S. 7
‑
3
‑
804 authorizing the installation and use of a pen register or a trap and trace device under this act, in writing under oath or equivalent affirmation, to a court of competent jurisdiction only for investigations of violations of the Wyoming Controlled Substances Act of 1971
or when relevant to assist in the apprehension of a person for whom there is probable cause for that person's arrest for a felony or a crime of violence
.

(b)

An application under subsection (a) of this section shall include:

(ii)

A certification by the applicant that the information likely to be obtained is relevant
:

(A)

T
o an ongoing investigation of a violation of the Wyoming Controlled Substances Act of 1971 being conducted by that agency
;
.

or

(B)

For use in the apprehension of a person for whom there is probable cause for that person's arrest for a felony or a crime of violence.

7
‑
3
‑
804.

Issuance of an order for a pen register or a trap and trace device.

(a)

Upon an application made under W.S. 7
‑
3
‑
803, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the state if the court finds that the attorney for the state has certified to the court that the
information likely to be obtained by such installation and use is relevant
:

(i)

T
o an ongoing investigation of a violation of the Wyoming Controlled Substances Act of 1971
;
.

or

(ii)

For use in the apprehension of a person for whom there is probable cause for that person's arrest for a felony or a crime of violence.

Section 2
.

This act is effective July 1, 2021
.

(END)

1
SF0101