SB 331

This bill expands the definitions of “pen register” and “trap and trace device,”

which are two types of wiretapping devices. 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. A “trap and trace device” is

defined under current law 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.

Under the bill, the definition of “pen register” includes 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. The definition of “trap and trace device” includes 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 received.

Current law provides that the attorney general or a district attorney may apply

for a court order from the circuit court for the county where the device is to be located

to install a pen register or a trap and trace device to further a criminal investigation.

This bill allows the attorney general or a district attorney to apply for the court order

for a pen register or trap and trace device from the circuit court for any county.

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

purpose 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.