08 LC 21
9715
House
Bill 1148
By:
Representatives Jackson of the
161st,
Gordon of the
162nd,
Williams of the
165th,
Mitchell of the
88th,
Heard of the
114th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to invasions of privacy, so as to define certain terms; to
provide that under certain conditions a court may issue an investigation warrant
requiring a telecommunication company to provide the location of a
telecommunication device; to provide for the scope of such warrant; to provide
for immunity; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating
to invasions of privacy, is amended by adding a new Code section to read as
follows:
"16-11-64.4.
(a)
As used in this Code section, the term:
(1)
'Crime in progress' means a crime which is presently occurring or is in the
initial phase of investigation not later than 48 hours after the first event of
the crime occurred.
(2)
'Emergency situation' means a situation involving the immediate danger of death
or serious physical injury to any person.
(b)
Upon written application, under oath, of the prosecuting attorney having
jurisdiction over prosecution of the crime under investigation, or the Attorney
General, made before a judge of superior court, said court may issue an
investigation warrant ordering a telecommunication company to track and disclose
the location of a specific wireless telecommunication device, including without
limitation a cell phone or computer, which is linked to the perpetrator or
victim of a crime in progress or an emergency situation. Such warrant shall be
limited in scope and duration to the purpose of locating the position of such
perpetrator or victim.
(c)
Evidence obtained in conformity with this part shall be admissible only in the
courts of this state having felony and misdemeanor jurisdiction.
(d)
A good faith reliance on a court order pursuant to this Code section shall
constitute a complete defense to any civil or criminal action brought under this
part or under any other law."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.