00                            SENATE BILL NO. 38                                                                          
01 "An Act relating to a warrant requirement for searches of electronic devices."                                          
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 12.35 is amended by adding a new section to read:                                                  
04            Sec. 12.35.023. Search warrant for electronic device information. (a)                                      
05       Except as provided in (b) of this section, a law enforcement agency may not obtain                                
06       information from an electronic device without a search warrant.                                                   
07            (b)  A law enforcement agency may obtain information from an electronic                                      
08       device without a search warrant                                                                                   
09                 (1)  if the owner has reported that the electronic device has been stolen;                              
10                 (2)  if the information is necessary to respond to a request for                                        
11       emergency services;                                                                                               
12                 (3)  if the owner or primary user of the an electronic device consents; or                              
13                 (4)  in accordance with a judicially recognized exception to a warrant                                  
14       requirement under this chapter.                                                                                   
15            (c)  Evidence obtained by a law enforcement agency as a result of the law                                    

01       enforcement agency's search of an electronic device without a search warrant as                                   
02       required under this section is not admissible in a civil, criminal, administrative, or                            
03       other proceeding and may not be used to show probable cause for the purpose of                                    
04       obtaining a search warrant.                                                                                       
05            (d)  In this section,                                                                                        
06                 (1)  "electronic communication service" has the meaning given in                                        
07       AS 42.20.390;                                                                                                     
08                 (2)  "electronic device" means a device that enables access to or use of                                
09       an electronic communication service, remote computing service, or location                                        
10       information service;                                                                                              
11                 (3)  "law enforcement agency" has the meaning given in AS 12.36.090;                                    
12                 (4)  "location information service" means a global positioning service                                  
13       or other mapping, locational, or directional information service;                                                 
14                 (5)  "remote computing service" means computer storage or processing                                    
15       services provided by an electronic communications system.