Revision: July 12, 2017, 12:14 p.m.
CHAPTER 224
HB 474-FN - FINAL VERSION
8Mar2017... 0268h
05/18/2017 1694s
8Jun2017... 2156-EBA
2017 SESSION
17-0101
08/03
HOUSE BILL 474-FN
AN ACT regulating the use of a cell site simulator device.
SPONSORS: Rep. Kurk, Hills. 2; Rep. Murotake, Hills. 32; Rep. King, Hills. 33
COMMITTEE: Criminal Justice and Public Safety
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This bill limits the use of cell site simulator devices for the purposes of locating and tracking the movements of communications devices.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Mar2017... 0268h
05/18/2017 1694s
8Jun2017... 2156-EBA 17-0101
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT regulating the use of a cell site simulator device.
Be it Enacted by the Senate and House of Representatives in General Court convened:
224:1 New Section; Cell Site Simulator Devices. Amend RSA 570-A by inserting after section 2 the following new section:
570-A:2-a Cell Site Simulator Devices.
I. In this section:
(a) "Cell site simulator device" means a device that transmits or receives radio waves for the purpose of conducting one or more of the following operations:
(1) Identifying, locating, or tracking the movements of a communications device.
(2) Intercepting, obtaining, accessing, or forwarding the communications, sorted data, or metadata of a communications device.
(3) Affecting the hardware or software operations or functions of a communications device.
(4) Forcing transmissions from or connections to a communications device.
(5) Denying a communications device access to other communications devices, communications protocols, or services without informing affected users.
(6) Spoofing or simulating a communications device, cell tower, cell site, or service including, but not limited to, an international mobile subscriber identity catcher or other invasive cell phone or telephone surveillance or eavesdropping device that mimics a cell phone tower and sends out signals to cause cell phones in the area to transmit their locations, identifying information, and communications content, or a passive interception device or digital analyzer that does not send signals to a communications device under surveillance.
(b) A "cell site simulator device" shall not include any device used or installed by:
(1) An electric utility solely to the extent such device is used by that utility to measure electrical usage or to operate the electric grid efficiently.
(2) A telecommunications company, or its customers or vendors, solely to the extent such device is used by such entity or individual to operate its communications network efficiently.
(c) "Communications device" means a device that is capable of creating, receiving, accessing, or storing electronic communications, including but not limited to cellular telephones.
(d) "Metadata" means structured information that describes, explains, locates, or otherwise makes it easier to retrieve, use, or manage an information resource.
II. No person shall use a cell site simulator device to locate or track the location of an individual's communications device without:
(a) The individual's informed consent; or
(b) A warrant issued by a judge authorizing the use of a cell site simulator device, that is based upon probable cause and that describes with particularity the person, place, or thing to be searched or seized; or
(c) A judicially-recognized exception to the warrant requirement, for information to be collected by a cell site simulator device.
III. A law enforcement agency authorized to use a cell site simulator device in accordance with paragraph II shall:
(a) Permanently delete any information, data, or metadata collected from any party not specified in the applicable court order as soon as reasonably possible and not later than the end of the day on which it was obtained immediately following such collection, and shall not transmit, use, or retain such information or metadata for any purpose.
(b) Delete any information, data, or metadata collected from the target specified in the court order within 30 days if there is no longer reason to believe that such information or metadata is evidence of a crime.
IV. Any person who violates any provision of this section shall be guilty of a class A misdemeanor and, notwithstanding RSA 651:2, IV(a), may be fined up to $10,000.
224:2 Effective Date. This act shall take effect January 1, 2018.
Approved: Enacted in accordance with Article 44, Part II, of N.H. Constitution, without signature of the governor, July 11, 2017
Effective Date: January 01, 2018