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MontanaSB 28269th Legislature, Regular Session (2025)Senate

Limit state government use of personal electronic data

Sponsored By: Daniel Emrich (Republican)

Signed by Governor

Information TechnologyPrivacyCriminal Procedure

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 1 costs, 0 mixed.

Illegally obtained digital data can't be used

Data taken in violation of these electronic data rules is not allowed as evidence in criminal, civil, or administrative cases. Courts and prosecutors also cannot use it to support a search-warrant affidavit. Agencies must delete electronic communications they collected after an investigation ends, after a conviction and all appeals finish, or as required by other retention laws.

Warrant needed for most digital data

The law requires a court search warrant before the government gets stored data from your phone, tablet, or computer. It also bars state and local agencies from buying many kinds of personal electronic data—like message contents, precise location, tracking data, bank transfer data, and telecom customer information defined in federal law as of October 18, 2024—unless a court issues a warrant or investigative subpoena under Montana law. To get communications held by a service provider, agencies must use a court search warrant or a court investigative subpoena. Exceptions include consent, public disclosures, established warrant exceptions, certain undercover officer messages, emergencies with danger of death or serious injury, calls for emergency help, and devices found inside correctional facilities.

Exceptions for prisons, state devices, and DOT

Some areas are exempt from these privacy rules. Agencies can use, store, and share data on government-owned devices without these limits. Officials can get communications of adults or youth who are incarcerated without a warrant or investigative subpoena. The state transportation department’s motor carrier and hazardous‑materials safety programs are also exempt when they follow federal rules.

Sponsors & Cosponsors

Sponsor

  • Daniel Emrich

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 380 • No: 15

Senate vote • 4/12/2025

Do Pass

Yes: 50 • No: 0

Senate vote • 4/11/2025

Do Pass

Yes: 50 • No: 0

House vote • 4/9/2025

Do Concur

Yes: 97 • No: 0

House vote • 4/8/2025

Do Concur

Yes: 98 • No: 0

Senate vote • 3/4/2025

Do Pass

Yes: 42 • No: 8

Senate vote • 3/3/2025

Do Pass

Yes: 43 • No: 7

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025Senate

  2. Signed by Governor

    5/5/2025Senate

  3. Transmitted to Governor

    4/25/2025Senate

  4. Signed by Speaker

    4/25/2025House

  5. Signed by President

    4/21/2025Senate

  6. Returned from Enrolling

    4/14/2025Senate

  7. Sent to Enrolling

    4/14/2025Senate

  8. 3rd Reading House Amendments

    4/12/2025Senate

  9. 2nd Reading House Amendments

    4/11/2025Senate

  10. Returned to Senate with Amendments

    4/9/2025House

  11. 3rd Reading

    4/9/2025House

  12. 2nd Reading

    4/8/2025House

  13. Committee Report

    4/3/2025House

  14. Committee Executive Action

    4/3/2025House

  15. Hearing

    3/24/2025House

  16. 1st Reading

    3/6/2025House

  17. Referred to Committee

    3/5/2025House

  18. Transmitted to House

    3/4/2025Senate

  19. 3rd Reading

    3/4/2025Senate

  20. Revised Fiscal Note Printed

    3/4/2025Senate

  21. Fiscal Note Unsigned

    3/4/2025Senate

  22. Revised Fiscal Note Received

    3/4/2025Senate

  23. 2nd Reading

    3/3/2025Senate

  24. Revised Fiscal Note Requested

    3/1/2025Senate

  25. Committee Report

    2/28/2025Senate

Bill Text

  • Enrolled

    4/15/2025

    PDF

  • As Amended (Version 3)

    4/3/2025

    PDF

  • As Amended (Version 2)

    2/28/2025

    PDF

  • Introduced

    2/6/2025

    PDF

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