- 2025
69th Legislature 2025 SB 282
- 1 - Authorized Print Version – SB 282
ENROLLED BILL
AN ACT GENERALLY REVISING SEARCH AND SEIZURE LAWS RELATED TO THE ABILITY OF THE
STATE AND LOCAL GOVERNMENT TO OBTAIN AND USE ELECTRONIC COMMUNICATIONS AND
RELATED MATERIAL AND STORED DATA OF AN ELECTRONIC DEVICE; PROHIBITING
GOVERNMENTAL ENTITIES FROM OBTAINING ELECTRONIC COMMUNICATIONS AND RELATED
MATERIAL EXCEPT BY A SEARCH WARRANT; LIMITING THE ADMISSIBILITY OF STORED DATA OF AN
ELECTRONIC DEVICE OBTAINED IN VIOLATION OF STATUTE; CLARIFYING TO WHOM A REQUEST
ISSUED BY A GOVERNMENTAL ENTITY MAY BE DISCLOSED; AND AMENDING SECTIONS 46-5-112 AND
46-5-602, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Except as provided in Title 46, chapter
4, part 3, or Title 46, chapter 5, part 2, pursuant to a search warrant or investigative subpoena issued by a
court, a governmental entity may not purchase the following:
(1) electronic communications;
(2) contents of electronic communications;
(3) contents of a communication made through a tone-only paging device;
(4) contents of a communication from a tracking device, including an electronic or mechanical
device that permits the tracking of the movement of a person or object;
(5) electronic funds transfer information stored by a financial institution in a communications
system used for the electronic storage and transfer of funds;
(6) customer proprietary network information as defined in 47 U.S.C. 222(h)(1) as of October 18,
2024, inclusive of subscriber list information as defined in 47 U.S.C. 222(h)(3) as of October 18, 2024; (7)
precise geolocation data as defined in 30-14-2802; - 2025
69th Legislature 2025 SB 282
- 2 - Authorized Print Version – SB 282
ENROLLED BILL
(8) pseudonymous data as defined in 30-14-2802; or
(9) sensitive data as defined in 30-14-2802.
Section 2. Section 46-5-112, MCA, is amended to read:
"46-5-112.
as provided in subsection (2), a government entity may not obtain the stored data of an electronic device
without a search warrant issued by a court upon a finding of probable cause.
(2) A government entity may obtain the stored data of an electronic device without a search
warrant:
(a) with the consent of the owner or authorized user of the electronic device;
(b) for the electronic communications between a law enforcement officer using an undercover or
fictitious identity for law enforcement purposes with the owner or authorized user of the electronic device;
(b)(c) in accordance with judicially recognized exceptions to warrant requirements;
(c)(d) if the owner has voluntarily and publicly disclosed the stored data;
(d)(e) if the government entity, in good faith, believes that an emergency involving danger, death, or
serious physical injury to a person requires immediate disclosure of communications relating to the emergency;
(e)(f) in order to respond to the user's call for emergency services; or
(f)(g) for any electronic devices found within the confines of a correctional facility.
(3) Any evidence obtained in violation of this section or [section 1] is not admissible in a civil,
criminal, or administrative proceeding and may not be used in an affidavit of probable cause in an effort to
obtain a search warrant.
(3)(4) Nothing in 46-5-111 through 46-5-113 may be construed to limit a government entity's ability to
use, maintain, or store information on its own electronic devices or to disseminate information stored on its own
electronic devices.
(4)(5) Sections 46-5-111 through 46-5-113 do not apply to motor carrier safety or hazardous
materials programs implemented by the department of transportation for purposes of complying with federal
motor carrier safety regulations." - 2025
69th Legislature 2025 SB 282
- 3 - Authorized Print Version – SB 282
ENROLLED BILL
Section 3. Section 46-5-602, MCA, is amended to read:
"46-5-602. (1) A governmental entity may only
require disclosure of an electronic communication stored, held, maintained, or transmitted by an electronic
communication service other than a subscriber record other than a subscriber record pursuant to a search
warrant or investigative subpoena issued by a court upon a finding of probable cause pursuant to Title 46,
chapter 5, part 2, or Title 46, chapter 4, part 3.
(2) The electronic communications collected under this section must be deleted after the
conclusion of the criminal investigation, postconviction and after all appeals have been exhausted, or in
accordance with data retention requirements under the law.
(3) The warrant and investigative subpoena requirements of this section do not apply to the
electronic communications of adults or youth currently incarcerated in a correctional facility."
Section 4. [Section 1] is intended to be codified as an integral part of Title
46, chapter 5, part 6, and the provisions of Title 46, chapter 5, part 6, apply to [section 1].
- END - I hereby certify that the within bill,
SB 282, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025. SENATE BILL NO. 282
INTRODUCED BY D. EMRICH, J. FULLER, G. HUNTER, D. LOGE, E. KERR-CARPENTER, T.
MCGILLVRAY, J. TREBAS, K. BOGNER
AN ACT GENERALLY REVISING SEARCH AND SEIZURE LAWS RELATED TO THE ABILITY OF THE STATE
AND LOCAL GOVERNMENT TO OBTAIN AND USE ELECTRONIC COMMUNICATIONS AND RELATED
MATERIAL AND STORED DATA OF AN ELECTRONIC DEVICE; PROHIBITING GOVERNMENTAL ENTITIES
FROM OBTAINING ELECTRONIC COMMUNICATIONS AND RELATED MATERIAL EXCEPT BY A SEARCH
WARRANT; LIMITING THE ADMISSIBILITY OF STORED DATA OF AN ELECTRONIC DEVICE OBTAINED IN
VIOLATION OF STATUTE; CLARIFYING TO WHOM A REQUEST ISSUED BY A GOVERNMENTAL ENTITY
MAY BE DISCLOSED; AND AMENDING SECTIONS 46-5-112 AND 46-5-602, MCA.