23.8012.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2043
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Attorney General)
1 A BILL for an Act to create and enact section 29-29.1-01.1 of the North Dakota Century Code,
2 relating to a warrant for electronic communication information; to amend and reenact
3 subsection 1 of section 29-29.1-03 and section 29-29.1-04 of the North Dakota Century Code,
4 relating to requirements for valid insurance and to warrant validity days.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. Section 29-29.1-01.1 of the North Dakota Century Code is created and
7 enacted as follows:
8 29-29.1-01.1. Warrant for electronic communication information.
9 1. Definitions. As used in this section:
10 a. "Electronic communication" means the transfer of signs, signals, writings,
11 images, sounds, data, or intelligence of any nature in whole or in part by a wire,
12 radio, electromagnetic, photoelectric, or photo-optical system.
13 b. "Electronic communication information" means any information about an
14 electronic communication or the use of an electronic communication service,
15 limited to the contents of electronic communications and precise or approximate
16 location of the sender or recipients at any point during the communication.
17 2. Notwithstanding chapter 29-29, any official or employee of the state or of a unit of
18 county or local government of the state may, under the conditions specified in this
19 section, obtain a warrant requiring disclosure of electronic communication information.
20 3. A warrant issued under this section may authorize the seizure of electronic storage
21 media or the seizure or copying of electronically stored information. Unless otherwise
22 specified, the warrant authorizes a later review of the media or information consistent
23 with the warrant.
Page No. 1 23.8012.01000
Sixty-eighth
Legislative Assembly
1 4. Under this section, the time for executing the warrant refers to the seizure or onsite
2 copying of the media or information, and not to any later offsite copying or review.
3 5. The issuing judge or magistrate may grant an extension of a warrant on the owner or
4 the possessor of electronic communication information upon an application under oath
5 stating the owner or the possessor has not produced the requested electronic
6 communication information within ten days and that an extension is necessary to
7 achieve the purposes for which the search warrant was granted. An extension may not
8 exceed thirty days.
9 SECTION 2. AMENDMENT. Subsection 1 of section 29-29.1-03 of the North Dakota
10 Century Code is amended and reenacted as follows:
11 1. It must be signed by the issuing judge or magistrate and must bear the date and hour
12 of its issuance above the judge's or magistrate's signature with a notation that the
13 warrant is valid for only twenty-four hoursten days following its issuance;
14 SECTION 3. AMENDMENT. Section 29-29.1-04 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 29-29.1-04. Warrant valid for twenty-four hoursten days.
17 Any warrant issued under this chapter for a search or inspection is valid for only twenty-four
18 hoursten days after its issuance, must be personally served upon an owner or possessor of the
19 property, or upon any person present on the premises if an owner or possessor cannot
20 reasonably be found between the hours of 8:00 a.m. and 8:00 p.m., and must be returned within
21 forty-eight hours of service except as provided in section 29-29.1-01.1.
Page No. 2 23.8012.01000
Statutes affected: INTRODUCED: 29-29.1-03, 29-29.1-04
Prepared by the Legislative Council staff for Senate Judiciary Committee: 29-29.1-02
FIRST ENGROSSMENT: 29-29.1-02, 29-29.1-03, 29-29.1-04
Enrollment: 29-29.1-02, 29-29.1-03, 29-29.1-04