1Requiring a government entity to obtain a search warrant prior 
2to obtaining location information of an electronic device; 
3providing for exceptions; and imposing a civil penalty.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Protecting
8Pennsylvanians' Privacy Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Electronic communication service." A service that provides
14users of the service with the ability to send or receive wire or
15electronic communications.

16"Electronic device." A device that enables access to, or use
17of, an electronic communication service, remote computing
18service or location information service.

1"Government entity." A State or local agency, including but
2not limited to, a law enforcement entity or any other
3investigative entity, agency, department, division, bureau,
4board or commission, or an individual acting or purporting to
5act for or on behalf of a State or local agency.

6"Location information." Information concerning the location
7of an electronic device that, in whole or in part, is generated
8or derived from or obtained by the operation of an electronic
9device.

10"Location information service." A global positioning service
11or other mapping, locational or directional information service.

12"Remote computing service." Computer storage or processing
13services provided by an electronic communications system.

14Section 3. Location information privacy.

15(a) General rule.--Except as provided in subsection (b), a
16government entity may not obtain the location information of an
17electronic device without a search warrant issued by a duly
18authorized court.

19(b) Exceptions.--A government entity may obtain location
20information of an electronic device under any of the following
21circumstances:

22(1) The device is reported stolen by the owner.

23(2) To respond to the user's call for emergency
24services.

25(3) The owner or user of the electronic device gives
26informed, affirmative consent.

27(4) A life-threatening situation exists.

28Section 4. Violations.

29Any evidence obtained in violation of this act shall not be
30admissible in a civil, criminal or administrative proceeding and

1shall not be used in an affidavit of probable cause in an effort
2to obtain a search warrant.

3Section 5. Civil penalty.

4A violation of this act shall result in a civil fine not to
5exceed $50.

6Section 6. Effective date.

7This act shall take effect in 90 days.