Bill Text: AZ HB2557 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Wireless telecommunications carrier; records access
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2012-05-09 - Governor Vetoed [HB2557 Detail]
Download: Arizona-2012-HB2557-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2557 |
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AN ACT
amending title 41, chapter 12, Arizona Revised Statutes, by adding article 12; relating to wireless telecommunications provider records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 12, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. EMERGENCY WIRELESS TELECOMMUNICATIONS
DEVICE INFORMATION DISCLOSURE
41-1830.41. Emergency wireless telecommunications device disclosure to law enforcement; contact information; liability; customer notification; violation; classification
A. A wireless telecommunications carrier shall provide the call location information of a telecommunications device to a law enforcement officer if the information is available and is necessary in response to an emergency situation that involves the risk of death or serious physical injury.
B. Each wireless telecommunications carrier that is authorized to conduct business in this state shall provide its name and contact information with the department of public safety to facilitate information requests made pursuant to this section. On a quarterly basis, the department shall disseminate the contact information to every law enforcement agency in this state.
C. This section does not:
1. Prohibit a wireless telecommunications carrier from establishing protocols by which the carrier voluntarily discloses call location information.
2. Grant law enforcement the authority to monitor the location and activities of any citizen of the United States in a criminal investigation without a warrant or the imminent risk of death.
D. Nothing in this section creates a cause of action or right to bring an action against A wireless telecommunications carrier and its officers, employees, agents or other specified persons for damages for providing call location information while acting in good faith pursuant to this section.
E. A wireless telecommunications carrier that provides the call location information pursuant to subsection A of this section shall notify the customer of the information provided, the date of the request and the name of the requesting law enforcement officer in the customer's following monthly billing statement. The notification shall be conspicuously printed on the first page of the billing statement. A wireless telecommunications carrier that fails to comply with this subsection forfeits any civil immunity granted pursuant to subsection D of this section.
F. A person who requests the call location information of a telecommunications device pursuant to this section for a purpose other than in response to an emergency situation that involves the risk of death or serious physical injury is guilty of a class 6 felony.
