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Committee adopts substitute aimed at speeding return of seized digital devices, amid concerns over RCFL backlog
Summary
The committee adopted Substitute 4 to SB252 to establish procedures for mirroring and returning some data from seized computers and phones, while carving out CSAM; law enforcement and the attorney general supported the substitute but warned of a roughly one-year backlog at the Rocky Mountain Computer Forensics Lab (RCFL).
Senator Todd Wyler presented the bill and said he was advancing a watered-down fourth substitute after negotiations with prosecutors, law enforcement and other stakeholders. "My earnest goal in this is to get people who have not been convicted of anything yet or who won at trial, prevailed at trial, to just get them their stuff back," Wyler said.
The fourth substitute allows owners of seized digital devices to request specific data be mirrored and returned while excluding child sexual abuse material (CSAM) from any return requirement. The substitute also preserves prosecutorial discretion and existing judicial review: owners who are denied return may seek relief in court…
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