A 5155

ASSEMBLY, No. 5155
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Assemblywoman� MARISA SWEENEY
District 25 (Morris and Passaic)
Assemblywoman� HEATHER SIMMONS
District 3 (Cumberland, Gloucester and Salem)
Assemblywoman� LUANNE M. PETERPAUL
District 11 (Monmouth)
Co-Sponsored by:
Assemblywomen Park, Brennan, Assemblyman Wainstein,
Assemblywoman Speight, Assemblyman Sampson and Assemblywoman Reynolds-Jackson
SYNOPSIS
���� Requires expedited compliance with certain search
warrants in domestic violence and stalking investigations.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act concerning certain search warrants in domestic violence
and stalking cases, amending and supplementing P.L.1968, c.409.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 2 of P.L.1968,
c.409 (C.2A:156A-2) is amended to read as follows:
���� 2.��� As used in [this act] P.L1968,
c.409 (C.2A:156A-1 et al.), and any amendments or supplements thereto:
���� a.���� "Wire
communication" means any aural transfer made in whole or in part through
the use of facilities for the transmission of communications by the aid of
wire, cable or other like connection between the point of origin and the point
of reception, including the use of such connection in a switching station,
furnished or operated by any person engaged in providing or operating such
facilities for the transmission of intrastate, interstate or foreign
communication.� "Wire communication" includes any electronic storage
of such communication, and the radio portion of a cordless telephone
communication that is transmitted between the cordless telephone handset and
the base unit;
���� b.��� "Oral
communication" means any oral communication uttered by a person exhibiting
an expectation that such communication is not subject to interception under
circumstances justifying such expectation, but does not include any electronic
communication;
���� c.���� "Intercept"
means the aural or other acquisition of the contents of any wire, electronic or
oral communication through the use of any electronic, mechanical, or other
device;
���� d.��� "Electronic,
mechanical or other device" means any device or apparatus, including an
induction coil, that can be used to intercept a wire, electronic or oral
communication other than:
���� (1)�� Any telephone or
telegraph instrument, equipment or facility, or any component thereof,
furnished to the subscriber or user by a provider of wire or electronic
communication service in the ordinary course of its business and being used by
the subscriber or user in the ordinary course of its business; or furnished by
such subscriber or user for connection to the facilities of such service and
used in the ordinary course of its business; or being used by a provider of
wire or electronic communication service in the ordinary course of its
business, or by an investigative or law enforcement officer in the ordinary
course of his duties; or
���� (2)�� A hearing aid or similar
device being used to correct subnormal hearing to not better than normal;
���� e.���� "Person"
means that term as defined in R.S.1:1-2 and includes any officer or employee of
the State or of a political subdivision thereof;
���� f.���� "Investigative or
law enforcement officer" means any officer of the State of New Jersey or
of a political subdivision thereof who is empowered by law to conduct
investigations of, or to make arrests for, any offense enumerated in section 8
of P.L.1968, c.409 (C.2A:156A-8) and any attorney authorized by law to
prosecute or participate in the prosecution of any such offense;
���� g.��� "Contents,"
when used with respect to any wire, electronic or oral communication, includes
any information concerning the identity of the parties to such communication or
the existence, substance, purport, or meaning of that communication, except
that for purposes of sections 22, 23, 24 and 26 of P.L.1993, c.29
(C.2A:156A-28, C.2A:156A-29, C.2A:156A-30, and C.2A:156A-32) contents, when
used with respect to any wire, electronic, or oral communication means any
information concerning the substance, purport or meaning of that communication;
���� h.��� "Court of competent
jurisdiction" means the Superior Court;
���� i.���� "Judge," when
referring to a judge authorized to receive applications for, and to enter,
orders authorizing interceptions of wire, electronic or oral communications,
means one of the several judges of the Superior Court to be designated from time
to time by the Chief Justice of the Supreme Court to receive applications for,
and to enter, orders authorizing interceptions of wire, electronic or oral
communications pursuant to this act;
���� j.���� "Communication
common carrier" means any person engaged as a common carrier for hire, in
intrastate, interstate or foreign communication by wire or radio or in
intrastate, interstate or foreign radio transmission of energy; but a person
engaged in radio broadcasting shall not, while so engaged, be deemed a common
carrier;
���� k.��� "Aggrieved
person" means a person who was a party to any intercepted wire, electronic
or oral communication or a person against whom the interception was directed;
���� l.���� "In-progress
trace" means the determination of the origin of a telephonic communication
to a known telephone during the communication;
���� m.�� "Electronic
communication" means any transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in whole or in part by
a wire, radio, electromagnetic, photoelectric or photo-optical system that
affects interstate, intrastate or foreign commerce, but does not include:
���� (1)�� Any wire or oral
communication;
���� (2)�� Any communication made
through a tone-only paging device; or
���� (3)�� Any communication from a
tracking device;
���� n.��� "User" means
any person or entity who:
���� (1)�� Uses an electronic
communication service; and
���� (2)�� Is duly authorized by
the provider of such service to engage in such use;
���� o.��� "Electronic
communication system" means any wire, radio, electromagnetic,
photo-optical or photoelectronic facilities for the transmission of electronic
communications, and any computer facilities or related electronic equipment for
the electronic storage of such communications;
���� p.��� "Electronic
communication service" means any service which provides to the users
thereof the ability to send or receive wire or electronic communications;
���� q.��� "Electronic
storage" means:
���� (1)�� Any temporary,
intermediate storage of a wire or electronic communication incidental to the
electronic transmission thereof; and
���� (2)�� Any storage of such
communication by an electronic communication service for purpose of backup
protection of the communication;
���� r.���� "Readily
accessible to the general public" means, with respect to a radio
communication, that such communication is not:
���� (1)�� Scrambled or encrypted;
���� (2)�� Transmitted using
modulation techniques whose essential parameters have been withheld from the
public with the intention of preserving the privacy of such communication;
���� (3)�� Carried on a subcarrier
or other signal subsidiary to a radio transmission;
���� (4)�� Transmitted over a
communication system provided by a common carrier, unless the communication is
a tone-only paging system communication; or
���� (5)�� Transmitted on
frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94
of the Rules of the Federal Communications Commission, unless, in the case of a
communication transmitted on a frequency allocated under part 74 that is not
exclusively allocated to broadcast auxiliary services, the communication is a
two-way voice communication by radio;
���� s.���� "Remote computing
service" means the provision to the public of computer storage or
processing services by means of an electronic communication system;
���� t.���� "Aural
transfer" means a transfer containing the human voice at any point between
and including the point of origin and the point of reception;
���� u.��� "Tracking
device" means an electronic or mechanical device which permits the
tracking of the movement of a person or device;
���� v.��� "Point of
interception" means the site at which the investigative or law enforcement
officer is located at the time the interception is made;
���� w.�� "Location
information" means global positioning system data, enhanced 9-1-1 data,
cellular site information, and any other information that would assist a law
enforcement agency in tracking the physical location of a cellular telephone or
wireless mobile device.
���� x. �Communications
provider� means an Internet service provider, a cellular telephone service
provider, or a voice over Internet protocol service provider; a social media
platform; an electronic communication service provider, as defined in 50 U.S.C.
s.1881; a digital communications company that provides Internet, cellular,
text, electronic mail, social media, or other media services that communicate,
store, or transmit voice, data, text, images, or video over a distance using
electrical, electronic, or light-wave transmission media; or any other entity
that provides telecommunications or electronic communications services in this
State.
���� y. �Domestic violence�
means an act of domestic violence as defined in section 3 of P.L.1991, c.261
(C.2C:25-19).
���� z. �Social media platform�
means a social media platform as defined in 42 U.S.C. s.1862w.
���� aa. �Stalking� means a
course of conduct as defined in section 1 of P.L.1992, c.209 (C.2C:12-10).
(cf: P.L.2009, c.184, s.1)
���� 2.� �Section 23 of P.L.1993,
c.29 (C.2A:156A-29) is amended to read as follows:
���� �23. Requirements for access.
���� a.���� A law enforcement
agency, but no other governmental entity, may require the disclosure by a
provider of electronic communication service or remote computing service of the
contents of an electronic communication without notice to the subscriber or the
customer if the law enforcement agency obtains a warrant, including any
warrant also subject to the provisions of section 3 of P.L. , c. (C. ) (pending
before the Legislature as this bill).
���� b.��� Except as provided in
subsection c. of this section, a provider of electronic communication service
or remote computing service may disclose a record or other information
pertaining to a subscriber or customer of the service to any person other than
a governmental entity. �This subsection shall not apply to the contents covered
by subsection a. of this section.
���� c.���� A provider of
electronic communication service or remote computing service or a communication
common carrier shall disclose a record, the location information for a
subscriber's or customer's mobile or wireless communications device, or other
information pertaining to a subscriber or customer of the service, other than
contents covered by subsections a. and f. of this section, to a law enforcement
agency under the following circumstances:
���� (1)�� the law enforcement
agency has obtained a warrant;
���� (2)�� the law enforcement
agency has obtained the consent of the subscriber or customer to the
disclosure;
���� (3)�� the law enforcement
agency has obtained a court order for such disclosure under subsection e. of
this section; or
���� (4)�� with respect to only the
location information for a subscriber's or customer's mobile or wireless
communications device and not to a record or other subscriber or customer
information, the law enforcement agency believes in good faith that an
emergency involving danger of death or serious bodily injury to the subscriber
or customer requires disclosure without delay of information relating to the
emergency.
���� A law enforcement agency
receiving records or information pursuant to this subsection is not required to
provide notice to the customer or subscriber.
���� d.��� Notwithstanding any
other provision of law to the contrary, and except as otherwise provided
pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as
this bill), no service provider, its officers, employees, agents or other
specified persons shall be liable in any civil action for damages as a result
of providing information, facilities or assistance in accordance with the terms
of a court order or warrant under this section.
���� e.���� A court order for
disclosure under subsection b. or c. may be issued by a judge of competent
jurisdiction and shall issue only if the law enforcement agency offers specific
and articulable facts showing that there are reasonable grounds to believe that
the record or other information pertaining to a subscriber or customer of an
electronic communication service or remote computing service or communication
common carrier is relevant and material to an ongoing criminal investigation.�
A judge who has issued an order pursuant to this section, on a motion made
promptly by the service provider, may quash or modify such order, if the
information or records requested are unusually voluminous in nature or
compliance with such order otherwise would cause an undue burden on such
provider.� Nothing in this subsection shall be construed to alter the
expedited compliance requirements established pursuant to section 3 of P.L. ,
c. (C. ) (pending before the Legislature as this bill).
���� f.���� A provider of
electronic communication service or remote computing service shall disclose to
a law enforcement agency or to the State Commission of Investigation the:
���� (1)�� name;
���� (2)�� address;
���� (3)�� telephone or instrument
number or other subscriber number or identity, including any temporarily
assigned network address;
���� (4)�� local and long distance
telephone connection records or records of session times and durations;
���� (5)�� length of service,
including start date, and types of services utilized; and
���� (6)�� means and source of
payment for such service, including any credit card or bank account number,
���� of a subscriber to or customer
of such service when the law enforcement agency obtains a grand jury or trial
subpoena or when the State Commission of Investigation issues a subpoena.
���� g.��� Upon the request of a
law enforcement agency, a provider of wire or electronic communication service
or a remote computing service shall take all necessary steps to preserve, for a
period of 90 days, records and other evidence in its possession pending the
issuance of a court order or other legal process.� The preservation period
shall be extended for an additional 90 days upon the request of the law
enforcement agency.
(cf: P.L.2009, c.184, s.2)
���� 3.� (New section) a. �The
provisions of� this section shall apply to any search warrant sought under the
provisions of section 23 of P.L.1968, c.409 (C.2A:156A-29) for which the object
of the search is one or more documents, records, or other information from a
communications provider; and that pertains to an investigation involving
domestic violence, stalking, a violation of a court order entered pursuant to
the �Prevention of Domestic Violence Act of 1991,� P.L.1991, c.261 (C.2C:25-17
et seq.), or in connection with stalking or domestic violence.
���� b. �A person applying for a
search warrant, pursuant to section 23 of P.L.1968, c.409 (C.2A:156A-29), shall
specify in the application that the warrant is also subject to the requirements
of this section and shall include in the proposed warrant:
���� (1) the words �Immediate
Response Required� in both the title and body of the warrant;
���� (2) a statement that the
warrant is subject to the provisions of section 23 of P.L.1968, c.409
(C.2A:156A-29) and P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill); and
���� (3) a statement that the
communications provider shall 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 communications providers.
���� c.� Notwithstanding any
provision of law to the contrary, a communications provider doing business in
this State that is served with a search warrant subject to the provisions of section
23 of P.L.1968, c.409 (C.2A:156A-29) and P.L.��� , c.���� (C.������� ) (pending
before the Legislature as this bill) shall respond to the warrant within 72
hours of proper service of the warrant, if the communications provider is a
social media platform; or within five business days of proper service of the
warrant, for all other communications providers.
���� 4.� The Administrative Office
of the Courts, in accordance with the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.), �may adopt rules and issue directives as necessary
to implement the provisions of this act and may take any anticipatory
administrative action necessary to effectuate the purposes of this act.
���� 5.� This act shall take effect
immediately.
STATEMENT
���� This bill amends the New
Jersey Wiretapping and Electronic Surveillance Control Act to �require expedited
response� for communications providers served with� search warrants for documents,
records, or other information from the communications provider in
investigations involving domestic violence or stalking.
���� Under the bill,
�communications provider� is defined as Internet service providers, cellular
telephone service providers, voice over Internet protocol service providers,
social media platforms, electronic communication service providers, digital
communications companies, and other entities that provide telecommunications or
electronic communications services in this State.
���� The bill applies to search
warrants seeking documents, records, or other information from a communications
provider when the warrant pertains to an investigation involving domestic
violence, stalking, or violations of court orders related to domestic violence
or stalking.
���� The bill requires an applicant
seeking such a warrant to specify in the application that the warrant is
subject to the bill�s provisions. �The proposed warrant is required to include
the words �Immediate Response Required� in both the title and body of the
warrant, state that the warrant is subject to the bill�s provisions, and direct
the communications provider to produce the requested information within the
timeframe established under the bill.
���� Under the bill, a social media
platform is required to respond to the warrant within 72 hours of proper
service, while all other communications providers are required to respond
within five business days of proper service.�
���� The bill is modeled after
Oregon House Bill 4045, also known as �Kristil�s Law,� which was enacted in
honor of Kristil Krug, a Colorado woman who endured months of stalking,
harassment, and digital impersonation before being murdered by her husband. �The
Oregon law established expedited response timelines for communications
providers served with search warrants in investigations involving domestic
violence and stalking offenses.