S.Amdt. 289

1. Adds SEC. __. REQUIRED EMERGENCY DISCLOSURE OF CALL LOCATION INFORMATION wherever appropriate

   Adds a section

   Inserted: SEC. __. REQUIRED EMERGENCY DISCLOSURE OF CALL LOCATION INFORMATION.

   Inserted: (a) Short Title.--This section may be cited as the "Kelsey Smith Act".

   Inserted: (b) In General.--Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by inserting after section 222 the following:

   Inserted: "SEC. 222A. REQUIRED EMERGENCY DISCLOSURE OF CALL LOCATION INFORMATION.

   Inserted: "(a) In General.--Notwithstanding section 222, at the request of a law enforcement agency, a telecommunications carrier shall provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d)) or the telecommunications device of the user of an IP-enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b)) to a law enforcement official, in order to respond to the user's call for emergency services or to respond to an emergency situation that involves the risk of death or serious physical harm if the telecommunications carrier believes that an emergency involving danger of death or serious physical injury to any person or response to a user's call for emergency services requires disclosure without delay of location records relating to the emergency or user request.

   Inserted: "(b) Form of Request.--A request for call location information under subsection (a) shall be accompanied by a sworn written statement from the law enforcement agency stating facts that support such agency's probable cause to believe that disclosure without delay is required--

   Inserted: "(1) by an emergency involving risk of death or serious physical injury; or

   Inserted: "(2) in order to respond to the user's call for emergency services.

   Inserted: "(c) Hold Harmless.--No cause of action shall lie in any court nor shall any civil or administrative proceeding be commenced by a governmental entity against any telecommunications carrier, or its directors, officers, employees, agents, or vendors, for providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) and any regulations promulgated under this section.

   Inserted: "(d) Court Order.--Not later than 48 hours after a law enforcement agency makes a request for call location information under subsection (a), the law enforcement agency shall request a court order stating whether such agency had probable cause to believe that the conditions described in subsection (b)(1) or subsection (b)(2) existed at the time of the request under subsection (a).

   Inserted: "(e) Definition.--In this section--

   Inserted: "(1) the term 'emergency services' has the meaning given such term in section 222; and

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   Inserted: "(2) the term 'law enforcement agency' means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.".

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   Original wording

   At the appropriate place, insert the following:

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As printed