An Act To Require a Warrant To Obtain the Location Information of a Cell Phone or Other Electronic Device
Maine Legislature, Session 126, LD 0415
Committee Amendment CA_A-SA_A_S339 (Senate)

SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to S.P. 157, 
L.D. 415, Bill, "An Act To Require a Warrant To Obtain the Location Information of a 
Cell Phone or Other Electronic Device" 
Amend the amendment by striking out all of the first to 7th paragraphs (page 1, lines 
to 29 in amendment) and inserting the following: 
'Amend the bill in section 1 by striking out all of §643 (page 2, lines 15 to 39 and 
'§643. Notice 
Notice must be given to the owner or user of an electronic device whose location 
information was obtained by a government entity. The government entity's notification 
obligation applies only if the government entity is able to identify the owner or user. 
1. Timing and content of notice. Unless the court determines under subsection 2 
that no notice is required, the government entity shall provide notice to the owner or user 
that location information was obtained by the government entity from that owner's or 
user's electronic device within 3 days of obtaining the location information. The notice 
must be made by service or delivered by registered or first-class mail, e-mail or any other 
means reasonably calculated to be effective as specified by the court issuing the warrant. 
The notice must contain the following information: 
A. The nature of the law enforcement inquiry, with reasonable specificity; 
B. The location information of the owner or user that was supplied to or requested by 
the government entity and the date on which it was provided or requested; and 
C. If location information was obtained from a provider of electronic communication 
service or location information service or other 3rd party, the identity of the provider 
of electronic communication service or location information service or the 3rd party 
from whom the information was obtained. 
2. Notification not required. A government entity acting under section 642 may 
include in the application for a warrant a request for an order to waive the notification 
required under this section. The court may issue the order if the court determines that 
there is reason to believe that notification will have an adverse result. 
SENATE AMENDMENT 
ROFS 
SENATE AMENDMENT "A" to COMMITIEE AMENDMENT "A"to S.P. 157, L.D. 415 
3. 
Preclusion of notice to owner or user subject to warrant for location 
information. 
A government entity acting under section 642 may include in its 
application for a warrant a request for an order directing a provider of electronic 
communication service or location information service to which a warrant is directed not 
to notify any other person of the existence of the warrant. The court may issue the order 
if the court determines that there is reason to believe that notification of the existence of 
the warrant will have an adverse result.' 
Amend the bill in section 1 in §644 in subsection 4 in the blocked paragraph in the 
first line (page 3, line 29 in L.D.) by striking out the following: "No later than 48 hours" 
and inserting the following: 'Within a reasonable period of time' , 
Amend the amendment on page 2 by striking out all of the 3rd paragraph (page 2, line 
in amendment) 
Amend the amendment by striking out all of section 2. 
SUMMARY 
This amendment replaces the language regarding notice to more closely track the 
language governing notice contained in Legislative Document 1377, "An Act To Protect 
Cellular Telephone Privacy." In addition, this amendment specifies that a government 
entity must file a statement with the court within a reasonable period of time rather than 
hours after seeking disclosure. 
FISCAL NOTE REQUIRED 
~~~ 
SPONSO: 
~ 
(Senator HILL) 
COUNTY: York 
gcALNOTE REQllIRID 
(lee""'" 
SENATE AMENDMENT 
Approved: 06/25/13 .Mac. 
LD415 
LR 181(04) 
An Act ToRequire a Warrant To Obtain the Location Information of a Cell Phone or Other 
Electronic Device 
Fiscal Note for Senate Amendment f!!'t to Committee Amendment "A" 
Sponsor: Sen. Hill of York 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
($100,343) 
($133,919) 
($100,343) 
($133,919) 
Projections 
FY 2015-16 
($137,785) 
($137,785) 
Projections 
FY 2016-17 
($141,767) 
($141,767) 
This amendment eliminates the appropriations and removes the General Fund cost of the bill by $100,343 in fiscal 
year 2013-14 and $133,919 in fiscal year 2014-15. 
LR0181(04) - Fiscal Note - Page 1 of 1