SB 740

This bill expands the definition of “pen register” and “trap and trace device.”

Under current law, a “pen register” is defined as a device that records or decodes

electronic or other impulses that identify the numbers dialed or transmitted on a

telephone line. Current law defines a “trap and trace device” as a device that

captures the incoming electronic or other impulses that identify the originating

number of an instrument or device from which a wire or electronic communication

was transmitted. Current law provides that the attorney general or a district

attorney may apply for a court order to install a pen register or a trap and trace device

for the purpose of furthering a criminal investigation.

This bill expands the definition of “pen register” to include a device or process

that records or decodes dialing, routing, addressing, or signaling information

transmitted on a telephone line or by an instrument or facility from which a wire or

electronic communication is transmitted. This bill expands the definition of “trap

and trace device” to include a device or process that identifies the originating number

or other dialing, routing, addressing, and signaling information of an instrument or

facility from which a wire or electronic communication was transmitted.

The bill also allows the attorney general or a district attorney to apply for an

order for a pen register or trap and trace device in the circuit court of any county.

Under current law, an application for a pen register or trap and trace device must

be filed in the circuit court in the county where the device is to be located.

Under the bill, a person is considered to be doing business in this state, for the

purposes of a pen register or trap and trace device order, if the person contracts with

or engages in a terms of service agreement with any other person for the use of a line,

instrument, or facility, and any part of the performance of the contract or provision

of service takes place within this state on any occasion.