HB551 (2017) Detail

Regulating the use of a cell site simulator device.


HB 551-FN - AS INTRODUCED

 

 

2017 SESSION

17-0270

04/03

 

HOUSE BILL 551-FN

 

AN ACT regulating the use of a cell site simulator device.

 

SPONSORS: Rep. Kurk, Hills. 2; Rep. Murotake, Hills. 32; Rep. T. Smith, Hills. 17; Sen. Avard, Dist 12; Sen. Watters, Dist 4

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill regulates the use of cell site simulator devices and establishes a criminal penalty for misuse of such 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0270

04/03

 

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 Chapter; Cell Site Simulator Devices.  Amend RSA by inserting after chapter 570-B the following new chapter:

CHAPTER 570-C

CELL SITE SIMULATOR DEVICES

570-C:1  Definitions.  As used in this chapter:

I.  "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:

(a)  Identifying, locating, or tracking the movements of a communications device.

(b)  Intercepting, obtaining, accessing, or forwarding the communications, stored data, or metadata of a communications device.

(c)  Affecting the hardware or software operations or functions of a communications device.

(d)  Forcing transmissions from or connections to a communications device.

(e)  Denying a communications device access to other communications devices, communications protocols, or services.

(f)  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.

II.  A "cell site simulator device" shall not include any device used or installed by an electric utility solely to the extent such device is used by that utility to measure electrical usage, to provide services to customers, or to operate the electric grid.

570-C:2  Prohibitions.  Neither the state nor its political subdivisions, nor an individual, or any other person or organization shall, by means of a cell site simulator device, collect or use a person's electronic data or metadata without:

I.  The person's informed consent; or

II.  A warrant issued by a judge and based upon probable cause that describes with particularity the person, place, or thing to be searched or seized; or

III.  A legally recognized exception to the warrant requirement of the Fourth Amendment of the United States Constitution.  

570-C:3  Law Enforcement Use.  A law enforcement agency authorized to use a cell site simulator device in accordance with this chapter shall:

I.  Limit the collection of any information or metadata to the target specified in the applicable court order.

II.  Permanently delete any information or metadata collected from any party not specified in the applicable court order immediately following such collection and not transmit, use, or retain such information or metadata for any purpose.

III.  Delete any information 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.

570-C:4  Penalty.  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.

 

LBAO

17-0270

1/12/17

 

HB 551-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT regulating the use of a cell site simulator device.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   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

Class A Misdemeanor

$71

$72

Warrant Request in the Circuit Court

$117

$119

Warrant Request in the Superior Court

$274

$279

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

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$275/Case

$275/Case*

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

 

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%).

 

* The Council’s budget request for the FY 2018-19 biennium includes an increase to $300 per case for contract attorney misdemeanor cases.

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

To the extend a violation of the provisions of the bill involved a government official, the Department of Justice would become involved in an investigation and prosecution under the proposed statute.  The Department cannot estimate how many cases might arise and it is not able to determine the fiscal impact.  It is anticipated that the majority of cases would be prosecuted by local or county prosecutors.

 

There is no fiscal impact to the Department of Corrections since the terms of incineration for those found guilty of a misdemeanor are served at county correctional facilities.

 

Proposed RSA 570-C:4 provides for a fine of up to $10,000.  Unrestricted fine revenue to the State general fund may increase by an indeterminable amount.

 

The New Hampshire Municipal Association did not identify any effect on municipal revenues or expenditures.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, New Hampshire Association of Counties, New Hampshire   Municipal Association,  and the Departments of Justice and Corrections

 

 

Links

HB551 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2017 House Hearing
Jan. 24, 2017 House Exec Session
Feb. 2, 2017 House Floor Vote

Bill Text Revisions

HB551 Revision: 734 Date: Jan. 25, 2017, 3:57 p.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Criminal Justice and Public Safety HJ 3 P. 18
Jan. 24, 2017 Public Hearing: 01/24/2017 02:30 PM LOB 204
Jan. 24, 2017 Executive Session: 01/24/2017 LOB 204
Feb. 2, 2017 Committee Report: Inexpedient to Legislate for 02/02/2017 (Vote 14-0; CC) HC 9 P. 3
Feb. 2, 2017 Inexpedient to Legislate: MA VV 02/02/2017 HJ 5 P. 3