HB 4045

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
  Enrolled
  House Bill 4045
Sponsored by Representative MANNIX, Senator PROZANSKI; Representatives ANDERSEN,
   BOSHART DAVIS, DOBSON, GRAYBER, HARTMAN, HUDSON, JAVADI, KROPF, LEVY E,
   LEWIS, MUNOZ, RESCHKE, RIEKE SMITH, SCHARF, TRAN, WALTERS, Senators MANNING
   JR, NERON MISSLIN, SMITH DB, THATCHER (Presession filed.)
  CHAPTER .................................................
  AN ACT
Relating to search warrant response time limits; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
    SECTION 1. Section 2 of this 2026 Act shall be known and may be cited as “Kristil’s
Law.”
    SECTION 2. (1) As used in this section:
    (a) “Communications provider” means:
    (A) An Internet service provider, a cellular telephone provider or a Voice over Internet
Protocol service provider;
    (B) A social media platform;
    (C) An electronic communication service provider as defined in 50 U.S.C. 1881;
    (D) A digital communications company that provides Internet, cellular, text, electronic
mail, social media services or any other media that communicates, stores or transmits voice,
data, text, images or video over a distance using electrical, electronic or light wave trans-
mission media; or
    (E) Any other entity that constitutes a telecommunications utility as defined in ORS
759.005.
    (b) “Domestic violence” has the meaning given that term in ORS 135.230.
    (c) “Social media platform” has the meaning given that term in 42 U.S.C. 1862w.
    (2) This section applies to search warrants:
    (a) For which the object of the search is one or more documents or records or other
information from a communications provider; and
    (b) That pertain to an investigation of a crime constituting domestic violence, stalking
as defined in ORS 163.732 or violating a court’s stalking protective order under ORS 163.750.
    (3) A person making application for a search warrant described in subsection (2) of this
section shall specify in the application that the warrant is subject to the requirements of this
section.
    (4) When a search warrant described in subsection (2) of this section is requested, the
applicant shall include in the proposed warrant:
    (a) In both the title and body of the warrant, the words “Immediate Response
Required”;
    (b) A statement that the warrant is subject to this section; and
Enrolled House Bill 4045 (HB 4045-A)  Page 1
    (c) A statement that the communications provider must produce the documents, records
or other information specified in the warrant to the applicant:
    (A) Within 72 hours of proper service of the warrant, if the communications provider is
a social media platform; or
    (B) Within five business days of proper service of the warrant, for all other communi-
cations providers.
    (5) Notwithstanding ORS 136.583 (3), a communications provider doing business in this
state shall respond to a search warrant described in subsection (2) of this section:
    (a) Within 72 hours of proper service of the warrant, if the communications provider is
a social media platform; or
    (b) Within five business days of proper service of the warrant, for all other communi-
cations providers.
    SECTION 3. (1) Section 2 of this 2026 Act becomes operative on May 1, 2026.
    (2) The Judicial Department and any entity defined as a communications provider under
section 2 of this 2026 Act may take any action before the operative date specified in sub-
section (1) of this section that is necessary to enable the department or entity to exercise,
on and after the operative date specified in subsection (1) of this section, all of the duties,
functions and powers conferred on the department and entity by section 2 of this 2026 Act.
    SECTION 4. This 2026 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2026 Act takes effect
on its passage.
Passed by House February 17, 2026  Received by Governor:
  ........................M.,........................................................., 2026
       ..................................................................................
  Approved:
  Timothy G. Sekerak, Chief Clerk of House
  ........................M.,........................................................., 2026
       ..................................................................................
  Julie Fahey, Speaker of House
  ..................................................................................
  Tina Kotek, Governor
Passed by Senate March 2, 2026
  Filed in Office of Secretary of State:
       ..................................................................................   ........................M.,........................................................., 2026
  Rob Wagner, President of Senate
  ..................................................................................
  Tobias Read, Secretary of State
Enrolled House Bill 4045 (HB 4045-A)  Page 2