HF 2639

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/11/2010 10:29am

A bill for an act
relating to public safety; requiring wireless telecommunications service providers
to provide call locations for emergencies; providing for the Kelsey Smith Act;
proposing coding for new law in Minnesota Statutes, chapter 237.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [237.82] DEFINITIONS; CALL LOCATION INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to section 237.83.
new text end

new text begin Subd. 2. new text end

new text begin Call location information. new text end

new text begin "Call location information" means information
indicating the geographical location of a telecommunications device.
new text end

new text begin Subd. 3. new text end

new text begin Law enforcement agency. new text end

new text begin "Law enforcement agency" means:
new text end

new text begin (1) a unit of state or local government that is authorized by law to grant full powers
of arrest and to charge a person with the duties of preventing and detecting crime and
enforcing the general criminal laws of the state; and
new text end

new text begin (2) subject to the limitations in section 626.93, a law enforcement agency of a
federally recognized tribe, as defined in United States Code, title 25, section 450b(e).
new text end

new text begin Subd. 4. new text end

new text begin Wireless telecommunications service provider. new text end

new text begin "Wireless
telecommunications service provider" means a provider of commercial mobile radio
services, as that term is defined in United States Code, title 47, section 332, subsection
(d), including all broadband personal communications services, wireless radio telephone
services, geographic area specialized and enhanced specialized mobile radio services, and
incumbent wide area specialized mobile radio licensees, that offers real-time, two-way
voice service interconnected with the public switched telephone network and that is doing
business in this state.
new text end

Sec. 2.

new text begin [237.83] DISCLOSURE OF CALL LOCATION INFORMATION;
EMERGENCY SITUATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Written request. new text end

new text begin Upon receipt of a written request from a law
enforcement agency stating that the disclosure of call location information is needed
in an emergency situation that involves the risk of death or serious physical harm to
a person who possesses a telecommunications device, a wireless telecommunications
service provider shall provide the requested call location information concerning that
device to the requesting agency.
new text end

new text begin Subd. 2. new text end

new text begin Protocols. new text end

new text begin A wireless telecommunications service provider shall establish
protocols consistent with this section that govern its response to a request from a law
enforcement agency under subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Cause of action limitation. new text end

new text begin No cause of action shall lie in any court
against a wireless telecommunications service provider, its officers, employees, agents,
or other specified persons for providing call location information while acting in good
faith and according to this section.
new text end

new text begin Subd. 4. new text end

new text begin Provider contact information. new text end

new text begin The Bureau of Criminal Apprehension
shall obtain contact information for all wireless telecommunications service providers
authorized to do business in Minnesota or submitting to the jurisdiction of this state in
order to facilitate a request from a law enforcement agency for call location information
under this section. The bureau shall disseminate this information on a quarterly basis, or
immediately as changes occur, to all public safety answer points in the state.
new text end

Sec. 3. new text begin KELSEY SMITH ACT.
new text end

new text begin This act shall be known as the Kelsey Smith Act.
new text end