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_S106 (Senate)

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 bill in section 1 in §643 in the first paragraph in the last line (page 2, line 
in L.D.) by inserting after thl~ following: "entity." the following: 'The government's 
notification obligation applies only if the government entity is able to identify the owner 
or user.' 
Amend the bill in section 1 in §643 in subsection 1 in the 4th line (page 2, line 21 in 
L.D.) by inserting after the following: 
"information" the following: 
'or, if the 
government entity is unable to identify the owner or user in time to meet this requirement, 
within 3 days of identifying the owner or user' 
Amend the bill in section 1 in §643 in subsection 2 in the first and 2nd lines (page 2, 
lines 34 and 35 in L.D.) by striking out the following: "or section 645" 
Amend the bill in section 1 in §643 in subsection 2 in the 3rd line (page 2, line 36 in 
L.D.) by striking out the following: "90" and inserting the following: '180' 
Amend the bill in section 1 :in §643 in subsection 3 in the 2nd line (page 3, line 4 in 
L.D.) by striking out the following: "or section 645" 
Amend the bill in section 1 in §643 in subsection 3 in the 5th line (page 3, line 7 in 
L.D.) by striking out the following: "90" and inserting the following: '180' 
Amend the bill in section 1 in §643 in subsection 4 in the 2nd line (page 3, line 11 in 
L.D.) by striking out the following: "for up to an additional 90 days" 
Amend the bill in section 1 by striking out all of §§645 and 646. 
Amend the bill in section lin §647 by striking out all of subsection I (page 5, lines 
to 15 in L.D.) 
Amend the bill in section I in §647 in subsection 3 in the first line (page 5, line 22 in 
L.D.) by striking out the following: "2" and inserting the following: 'I' 
COMMITTEE AMENDMENT 
~o~~ 
COMMITTEE AMENDMENT "A" to S.P. 157, L.D. 415 
Amend the bill in section 1 in §647 by renumbering the subsections to read 
consecutively. 
Amend the bill in section 1 in subchapter 10 by renumbering the sections to read 
consecutively. 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration - Attorney General 0310 
Initiative: Provides funds for 2 Research Assistant positions and related costs to manage 
the notification provisions of the Maine Revised Statutes, Title 16, chapter 3, subchapter 
10. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2013-14 
2.000 
$92,542 
$7,801 
$100,343 
2014-15 
2.000 
$128,851 
$5,068 
$133,919 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
This amendment clarifies that a government entity that obtains the location 
information of a cellular telephone or other electronic device without a valid warrant has 
an obligation to notify the owner or user about obtaining the location information only if 
the government entity is able to identify the owner or user. Once the government entity 
identifies the owner or user, the government entity must notify the owner or user within 3 
days. 
The bill allows a government entity, when applying for a warrant, to request a delay 
of not more than 90 days in notifying the owner or user. This amendment extends the 
delay period to up to 180 days. 
This amendment deletes from the bill the authorization for the Attorney General to 
designate an investigative or law enforcement officer to obtain location information 
without a warrant if there is an imminent threat of death or serious physical injury or a 
threat to national security. 
It also deletes from the bill the reporting requirements 
imposed on judges who issue or deny warrants. 
This amendment deletes from the bill the prohibition on the use of evidence obtained 
in violation of the provisions of the bill, instead relying on Fourth Amendment 
COMMITTEE AMENDMENT 
~Oi~ 
COMMITTEE AMENDMENT "A" to S.P. 157, L.D. 415 
jurisprudence as it develops through case law to provide for the exclusion of evidence 
that is improperly obtained. 
This amendment also adds an appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/03/13 
;lJvac:::.. 
LD415 
LR 181(02) 
An Act To Require a Warrant To Obtain the Location Information of a Cell Phone or Other 
Electronic Device 
Fiscal Note for Bill as Amended by Committee Amendment ''A'{~-llXt) 
Committee: Judiciary 
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 bill includes a General Fund appropriation of$100,343 in fiscal year 2013-14 and $133,919 in fiscal year 2014-
to the Department ofthe Attorney General for 2 Research Assistant positions to manage the notification provisions 
ofthis bill. 
LR0181(02) - Fiscal Note - Page 1 of 1