Bill Text: CA AB701 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Missing persons: mobile telephone location.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB701 Detail]

Download: California-2011-AB701-Introduced.html

---

BILL NUMBER: AB 701	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 17, 2011

   An act to add Section 14211 to the Penal Code, and to add Section
2890.3 to the Public Utilities Code, relating to missing persons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 701, as introduced, Wagner. Missing persons: mobile telephone
location.
   Existing law declares it the duty of all law enforcement agencies
to immediately assist any person who is attempting to make a report
of a missing person or runaway.
   This bill would authorize a peace officer to require a mobile
telephony service carrier to provide the location of a mobile
communication device, with a global positioning system, where the
subscriber for the mobile telephony service has authorized the
carrier to provide the requested information to a peace officer,
where a missing person report has been filed for an at risk child or
elder.
   Existing law requires a mobile telephony service carrier to
provide subscribers with specified services.
   This bill would require a mobile telephony service carrier to
provide subscribers with the option of authorizing the carrier to
provide the location of a mobile communication device, with a global
positioning system, on the subscriber's calling plan to a peace
officer requesting the information, as prescribed.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14211 is added to the Penal Code, to read:
   14211.  (a) A peace officer, as defined in Section 830.1 or 830.2,
may require a mobile telephony service carrier to provide the
location of a mobile communication device, with a global positioning
system, where the subscriber for the mobile telephony service has
authorized the mobile telephony service carrier to provide the
requested information to a peace officer, pursuant to Section 2890.3
of the Public Utilities Code, under any of the following
circumstances:
   (1) A missing person or runaway report has been filed for an
at-risk child.
   (2) A missing person report has been filed for an at-risk elder.
   (b) For purposes of this section, "elder" is any person described
in subdivision (g) of Section 368.
  SEC. 2.  Section 2890.3 is added to the Public Utilities Code, to
read:
   2890.3.  (a) A carrier that provides mobile telephony service, as
defined in Section 224.4, shall provide subscribers with the option
of authorizing the carrier to provide the location of a mobile
communication device, with a global positioning system, on the
subscriber's calling plan to a peace officer requesting the
information, pursuant to Section 14211 of the Penal Code.
   (b) Each mobile telephony service carrier shall inform
subscribers, at the time service is established or for current
subscribers as an insert in a billing statement, of the availability
of the service.