Revision: May 18, 2017, 4:35 p.m.
HB 474-FN - AS AMENDED BY THE SENATE
8Mar2017... 0268h
05/18/2017 1694s
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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:
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
(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, 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 chapter shall be guilty of a class A misdemeanor and, notwithstanding RSA 651:2, IV(a), may be fined up to $10,000.
2 Effective Date. This act shall take effect January 1, 2018.
17-0101
1/6/17
HB 474-FN- FISCAL NOTE
AS INTRODUCED
AN ACT limiting the use of cell site simulator devices by law enforcement agencies.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ X ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill contains a penalty that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2018 | FY 2019 |
Request for a Search Warrant in the circuit court | $71 | $72 |
Request for a Search Warrant in the superior court | $274 | $279 |
Routine Criminal Felony Case | $451 | $456 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2018 and FY 2019 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $756/Case | $756/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
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FY 2016 Average Cost of Incarcerating an Individual | $35,832 | $35,832 |
FY 2016 Average Cost of Supervising an Individual on Parole/Probation | $573 | $573 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
This bill limits the use of cell site simulator devices for the purpose of locating and tracking the movements of communications devices. The Department of Safety assumes the requirement for law enforcement to obtain court authorized search warrants would result in additional labor costs to state, county and local law enforcement. In order to obtain a search warrant, investigators would work additional hours to establish probable cause. This cost cannot be determined and would vary depending on the investigation and the number of investigators assigned. There would be no impact on state, county or local revenues.
The Department of Justice indicates this type of offense is typically prosecuted by county prosecutors. The Department does not anticipate any fiscal impact from the creation of such an offense. Appeals from any convictions would be handled by the Department and could be done within the current budget.
AGENCIES CONTACTED:
The Judicial Branch, Judicial Council, New Hampshire Association of Counties, and the Departments of Justice, Corrections and Safety