Amendment H-1348 to SF 644
Relating to and making appropriations to the justice system, providing for properly related matters including indigent defense and representation, the corrections capital reinvestment fund, and a corrections federal receipts fund, and including effective date and retroactive applicability provisions
Withdrawn · May 14, 2025
Filed May 14, 2025 in the House by
What it changes
- Page 22, after line 13 by inserting: “DIVISION ___ SEARCH AND SEIZURE Sec. ___. Section 808.1, Code 2025, is amended by adding the following new subsections: NEW SUBSECTION . 1A. “Compulsory process” means any court order, including a search warrant, a subpoena or administrative subpoena, or any other legal process seeking to compel the disclosure of records or information. NEW SUBSECTION . 3A. “Geofence search action” means any action by a law enforcement agency using technology to create a virtual geographic boundary to monitor the geolocation activity of an individual or to compel a third party to produce information about devices interacting with the third party’s technology within the virtual geographic boundary. “Geofence search action” includes any compulsory process seeking such records or information and any action seeking to obtain such records or information in exchange for valuable consideration. Sec. ___. NEW SECTION . 808.4B Geofence search action prohibited.
- A law enforcement agency shall not conduct a geofence search action for a person in the area of the capitol complex prior to a compulsory process approving such action.
- A violation of this section shall result in the dismissal from law enforcement employment of any law enforcement officer involved in the violation. The law enforcement agency shall refer a violation of this section to the attorney general. The attorney general may, upon referral, file an action in district court seeking the assessment of a one hundred thousand dollar civil penalty against the law enforcement officer.
- Civil penalties collected for a violation of this section shall be deposited in the general fund of the state.”
- Title page, line 4, by striking “and a corrections federal receipts fund” and inserting “a corrections federal receipts fund, and search and seizure”
- By renumbering as necessary.