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H.R. 7738IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 6 · H.R. 7738

Incentives for State and Tribal courts to implement requirements

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(a) Amendments (1) Stored communications Chapter 121 of title 18, United States Code, is amended— (A) in section 2703, as amended by section 4(a) of this Act, by inserting after return procedures each place the term appears the following: and containing a certification that the court is acting in compliance with chapter 206A; and (B) in section 2711(3)(B), by inserting that is acting in compliance with chapter 206A after search warrants. (2) Wiretapping Section 2516(2) of title 18, United States Code, is amended by striking The principal prosecuting attorney of any State and inserting If a State requires that courts in the state comply with chapter 206A, the principal prosecuting attorney of that State. (3) Pen registers and trap and trace devices Section 3122(a)(2) of title 18, United States Code, is amended by inserting and if the State requires that courts in the state comply with chapter 206A, after law,. (4) Full faith and credit The third undesignated paragraph of section 1738 of title 28, United States Code, is amended by inserting, provided that any criminal surveillance order, as defined in section 3131 of title 18, shall be entitled to full faith and credit only if the order contains a certification that the court that issued the order is acting in compliance with the requirements of chapter 206A of title 18 before the period at the end. (b) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act. (2) Delayed applicability for certain State and Tribal courts The amendments made by subsection (a) shall apply on and after the date that is 4 years after the date of enactment of this Act— (A) to a State or Tribal court that, on the date of enactment of this Act, does not offer electronic docketing or public online access to dockets; or (B) to any State or Tribal court that certifies that the court needs more time to comply with the requirements of the subsection.

Sec. 6: Incentives for State and Tribal courts to implement requirements · Public Law Tracker