Bill Status of HB 2553   102nd General Assembly

Short Description:  PROTECTING HOUSEHOLD PRIVACY

House Sponsors
Rep. Ann M. Williams-Mary E. Flowers-Kambium Buckner-Camille Y. Lilly-Lance Yednock, Will Guzzardi, Margaret Croke, Theresa Mah, Anne Stava-Murray, Michelle Mussman, Barbara Hernandez, Joyce Mason, Deb Conroy, Edgar Gonzalez, Jr., William Davis, Delia C. Ramirez, Kelly M. Cassidy, Rita Mayfield, Carol Ammons, Mark L. Walker, Robyn Gabel, Sue Scherer, Stephanie A. Kifowit and Dagmara Avelar

Senate Sponsors
(Sen. Cristina Castro-Patricia Van Pelt, Bill Cunningham, Laura Fine-Jacqueline Y. Collins, Adriane Johnson, Laura M. Murphy, Robert Peters, Doris Turner, Celina Villanueva, Robert F. Martwick, Steve Stadelman and Kimberly A. Lightford)


Last Action  View All Actions

DateChamber Action
  8/27/2021HousePublic Act . . . . . . . . . 102-0597

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private third party, unless (i) the law enforcement agency obtains a court order based upon probable cause, or (ii) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if a law enforcement agency obtains household electronic data, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if (1) there is reasonable suspicion that the information contains evidence of criminal activity, or (2) the information is relevant to an ongoing investigation or pending criminal trial.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Creates Protecting Household Privacy Act. Reinserts the provisions of the introduced bill with these exceptions. Changes the exceptions in which law enforcement agency may obtain household electronic data. Provides that a law enforcement agency may obtain the data (1) if a law enforcement agency first obtains a warrant under the Code of Criminal Procedure of 1963; (2) a specified emergency situation exists; or (3) with the lawful consent of the owner of the household electronic device or person in actual or constructive possession of the household electronic device, excluding law enforcement personnel. Provides that nothing in the Act shall be construed to apply to the interception, recording, wiretap, or other acquisition of electronic communications as they are transmitted in real time. Provides that in the event of any conflict between the Act and any applicable federal or State law, the requirement that establishes the higher standard for law enforcement to obtain information shall govern.

Senate Floor Amendment No. 1
Defines "digital gateway device". Provides that nothing in the Act prohibits the use of a lawful grand jury subpoena to obtain information which was obtainable by grand jury subpoena prior to the effective date of the Act. Provides that nothing in the Act expands existing civil or criminal liability of an individual or entity arising under any applicable federal or State law.

Actions 
DateChamber Action
  2/17/2021HouseFiled with the Clerk by Rep. Ann M. Williams
  2/19/2021HouseFirst Reading
  2/19/2021HouseReferred to Rules Committee
  3/9/2021HouseAssigned to Judiciary - Criminal Committee
  3/11/2021HouseAdded Co-Sponsor Rep. Kambium Buckner
  3/11/2021HouseRemoved Co-Sponsor Rep. Kambium Buckner
  3/12/2021HouseAdded Co-Sponsor Rep. Will Guzzardi
  3/12/2021HouseAdded Co-Sponsor Rep. Margaret Croke
  3/12/2021HouseAdded Co-Sponsor Rep. Theresa Mah
  3/12/2021HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/15/2021HouseAdded Co-Sponsor Rep. Michelle Mussman
  3/18/2021HouseAdded Co-Sponsor Rep. Barbara Hernandez
  3/23/2021HouseAdded Co-Sponsor Rep. Joyce Mason
  3/23/2021HouseAdded Co-Sponsor Rep. Deb Conroy
  3/23/2021HouseAdded Co-Sponsor Rep. Edgar Gonzalez, Jr.
  3/25/2021HouseAdded Co-Sponsor Rep. William Davis
  3/26/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 017-000-000
  3/30/2021HouseAdded Co-Sponsor Rep. Delia C. Ramirez
  4/8/2021HousePlaced on Calendar 2nd Reading - Short Debate
  4/14/2021HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/14/2021HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams
  4/14/2021HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/15/2021HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/15/2021HouseAdded Co-Sponsor Rep. Carol Ammons
  4/15/2021HouseAdded Co-Sponsor Rep. Mark L. Walker
  4/20/2021HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/20/2021HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 018-000-000
  4/21/2021HouseSecond Reading - Short Debate
  4/21/2021HouseHouse Floor Amendment No. 1 Adopted
  4/21/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/22/2021HouseAdded Co-Sponsor Rep. Robyn Gabel
  4/22/2021HouseThird Reading - Short Debate - Passed 114-000-001
  4/22/2021HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  4/22/2021HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  4/22/2021HouseAdded Chief Co-Sponsor Rep. Kambium Buckner
  4/22/2021HouseChief Co-Sponsor Changed to Rep. Camille Y. Lilly
  4/22/2021HouseAdded Chief Co-Sponsor Rep. Lance Yednock
  4/22/2021HouseAdded Co-Sponsor Rep. Sue Scherer
  4/22/2021HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  4/23/2021SenateArrive in Senate
  4/23/2021SenatePlaced on Calendar Order of First Reading
  4/23/2021SenateChief Senate Sponsor Sen. Cristina Castro
  4/23/2021SenateFirst Reading
  4/23/2021SenateReferred to Assignments
  4/28/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Patricia Van Pelt
  4/28/2021SenateAdded as Alternate Co-Sponsor Sen. Bill Cunningham
  4/29/2021SenateAdded as Alternate Co-Sponsor Sen. Laura Fine
  4/29/2021SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/29/2021SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
  4/29/2021SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/4/2021SenateAssigned to Judiciary
  5/4/2021SenateAdded as Alternate Co-Sponsor Sen. Robert Peters
  5/5/2021SenateAdded as Alternate Co-Sponsor Sen. Doris Turner
  5/5/2021SenateAdded as Alternate Co-Sponsor Sen. Celina Villanueva
  5/12/2021SenateTo Judiciary- Privacy
  5/13/2021SenateAdded as Alternate Co-Sponsor Sen. Robert F. Martwick
  5/18/2021SenateReported Back To Judiciary; 003-000-000
  5/19/2021SenateDo Pass Judiciary; 007-000-000
  5/19/2021SenatePlaced on Calendar Order of 2nd Reading May 20, 2021
  5/19/2021SenateAdded as Alternate Co-Sponsor Sen. Steve Stadelman
  5/20/2021SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Cristina Castro
  5/20/2021SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/20/2021SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/24/2021SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/25/2021SenateSecond Reading
  5/25/2021SenatePlaced on Calendar Order of 3rd Reading May 26, 2021
  5/25/2021SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 009-000-000
  5/26/2021SenateRecalled to Second Reading
  5/26/2021SenateSenate Floor Amendment No. 1 Adopted; Castro
  5/26/2021SenatePlaced on Calendar Order of 3rd Reading
  5/27/2021SenatePlaced on Calendar Order of 3rd Reading ** May 28, 2021
  5/29/2021SenateThird Reading - Passed; 059-000-000
  5/29/2021HouseArrived in House
  5/29/2021HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/30/2021HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams
  5/30/2021HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2021HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/31/2021HouseSenate Floor Amendment No. 1 House Concurs 118-000-000
  5/31/2021HouseHouse Concurs
  5/31/2021HousePassed Both Houses
  5/31/2021HouseAdded Co-Sponsor Rep. Dagmara Avelar
  6/29/2021HouseSent to the Governor
  8/27/2021HouseGovernor Approved
  8/27/2021HouseEffective Date January 1, 2022
  8/27/2021HousePublic Act . . . . . . . . . 102-0597

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