DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 138 Original 2015 Regular Session Havard
Abstract: Prohibits the use of a cell site simulator device by anyone except a law enforcement or
investigative officer, telecommunication employee, or an FCC employee.
Proposed law creates the crime of unlawful use of a cell site simulator device. A cell site simulator
device mimics a cell tower providing cell phone services and downloads or copies the personal
information of cell phone users. Makes exceptions for law enforcement and investigative officers,
telecommunications employees, and FCC employees in the performance of their duties.
Proposed law provides penalties of a fine of not more than $3,000, imprisonment with or without
hard labor for not more than two years, or both.
Present law provides procedures for law enforcement and investigative officers to obtain warrants
from the court to use a trap and trace device or pen register (wire tapping equipment).
Proposed law retains present law and adds cell site simulator devices to present law.
(Amends 15:1302(2), 1313(A) and (B)(intro. para.), 1314(A)(intro. para.) and (3), 1315(A), (B)(2),
(C)(1), (D)(intro. para.) and (2), and (E), and 1316; Adds R.S. 14:222.3 and R.S. 15:1302(3.1) and
(16.1), and 1314(A)(4), and 1315(B)(3) and (F))