NJ Senate committee advances bill to speed up digital evidence in domestic violence, stalking cases
TRENTON, N.J. — Legislation that would require social media companies and other communications providers to respond more quickly to search warrants in domestic violence and stalking investigations has advanced through the New Jersey Senate Judiciary Committee.
The bill, sponsored by state Sen. Anthony M. Bucco, R-Morris and Passaic, would require social media platforms to respond to qualifying search warrants within 72 hours and other communications providers to respond within five business days.
The legislation is intended to help law enforcement obtain potentially critical digital evidence before delays allow stalking, harassment or domestic violence to escalate, according to Bucco’s office.
“Victims of stalking and domestic violence deserve to feel safe again and find closure without constantly looking over their shoulders,” said Sen. Bucco. “They shouldn’t have to endure unnecessary delays while critical evidence sits in the hands of social media companies or other communications providers. That’s why we need to give law enforcement the tools to act quickly, gather the evidence they need, and hold offenders accountable. This bill puts clear deadlines in place so investigators can do their jobs and victims can reclaim their lives.”
The measure would amend the New Jersey Wiretapping and Electronic Surveillance Control Act to establish expedited response requirements for communications providers served with search warrants involving domestic violence, stalking or violations of related court orders.
Under the proposal, communications providers would include internet service providers, cellular telephone companies, voice-over-internet-protocol providers, social media platforms, electronic communication services, digital communications companies and other businesses providing telecommunications or electronic communications services in New Jersey.
The expedited deadlines would apply to warrants seeking documents, records or other information related to investigations involving domestic violence, stalking or violations of court orders connected to those offenses.
Investigators requesting such warrants would be required to specify that the application falls under the proposed law. The warrant would also have to include the words “Immediate Response Required” in both its title and body, identify the applicable legal requirements and direct the provider to produce the requested information within the established deadline.
The response period would begin once the warrant has been properly served on the communications provider.
According to Bucco’s office, the legislation is modeled after Oregon House Bill 4045, known as “Kristil’s Law,” which established expedited response timelines for communications providers in domestic violence and stalking investigations.
The Oregon law was enacted in honor of Kristil Krug, a Colorado woman who experienced months of stalking, harassment and digital impersonation before she was murdered by her husband.
The bill now awaits further consideration in the Legislature.
