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SB 723

Economic development: brownfield redevelopment authority; transformational brownfield plan; modify. Amends secs. 2, 14a & 16 of 1996 PA 381 (MCL 125.2652 et seq.).

2025-2026 Regular Session Introduced by Sarah Anthony

Adds a retroactive exemption to the government-device content ban, enabling DAC investigators to view material during DAC investigations and device-misuse cases.

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Bill Summary · SB 723

SB 723 — DAC Exemption from State Device Content Ban (Summary)

Status: Passed 1st Reading (Introduced Feb 21, 2025)
Primary sponsors (NC): Senators Alexander and Galey
Subject areas: Computers, Correctional Institutions, Information Technology, Investigations, Inmates, Telecommunications, Mobile Devices, Dept. of Adult Correction

Purpose / Intent

SB 723 narrows the state prohibition on viewing certain content (including pornography) on government networks and devices by adding an explicit exemption for Department of Adult Correction (DAC) investigations. The goal is to allow DAC staff and other officials to access otherwise‑prohibited material when necessary to investigate offenders, device misuse, or related matters as part of official duties.

Key provisions

  • Amends North Carolina General Statute § 143‑805 (the statute that prohibits viewing pornography on government networks/devices).
  • Expands the list of activities exempt from the statute’s content ban (subsection (d)). Specifically adds:
    • (8) Investigating matters involving offenders incarcerated with, or under supervision of, the Department of Adult Correction, and matters related to misuse of devices owned by the Department of Adult Correction.
  • Maintains the existing limitation that exemptions apply only when the official/employee is acting in the course of official duties (consistent with other listed exemptions such as law enforcement investigations, cybersecurity work, judicial proceedings, training, research, etc.).
  • Effective immediately upon becoming law and expressly applies to investigations conducted before, on, or after the effective date (i.e., applied retroactively to existing investigations).

Who is affected

  • Primary beneficiaries: DAC investigators, correctional staff, and other state employees acting in official capacities who need to access device content as part of DAC‑related investigations (including misuse of DAC devices).
  • Indirectly affected: DAC‑supervised offenders (whose device content may be accessed during investigations), state IT/security teams, and agencies responsible for enforcing device/content policies.
  • Policy/enforcement implications: Clarifies that device‑content prohibitions do not impede certain correctional investigations; may require DAC and IT units to adopt procedures to document and limit access to content under this exemption.

Procedural / timeline aspects

  • Introduced Feb 21, 2025; passed first reading (March 2025 procedural record shows March 26 as first‑reading action).
  • Becomes effective when enacted into law; text explicitly states it applies retroactively to investigations before, on, or after that date.
  • The change is narrow and targeted — it does not repeal the overall device/content prohibition but creates a statutory exception for DAC investigative purposes.

Considerations / potential impacts

  • Enables correctional investigations that may require viewing prohibited material (e.g., evidence of offenses, device misuse).
  • Raises operational questions about oversight, recordkeeping, and privacy safeguards to prevent misuse of the exemption; agencies may need policies to document lawful access and chain of custody for evidentiary or supervisory purposes.
  • Does not otherwise broaden personal or non‑official access to prohibited content on government devices.

Compiled from official sources — confirm details with the bill’s official record.

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