Bill Text: MI HB4006 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Law enforcement; investigations; disclosure of call location information by wireless providers to requesting law enforcement agency; require. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-02-18 - Referred To Second Reading [HB4006 Detail]

Download: Michigan-2015-HB4006-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4006

 

January 15, 2015, Introduced by Rep. Heise and referred to the Committee on Criminal Justice.

 

     A bill to require wireless carriers to provide device

 

locations for emergencies upon the request of law enforcement; to

 

prescribe the powers and duties of certain state agencies; and to

 

provide for immunity from prosecution and from civil liability

 

under certain circumstances.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Law enforcement agency" means the department of state

 

police, a police agency of a city, village, or township, a

 

sheriff's department, a public safety department of a state

 

university described in section 4, 5, or 6 of article VIII of the

 

state constitution of 1963, or any other governmental law

 

enforcement agency in this state.

 

     (b) "Law enforcement officer" means a police officer of a

 

county, city, village, or township or this state, a state

 

university public safety officer of a state university described in

 

section 4, 5, or 6 of article VIII of the state constitution of

 

1963, a prosecuting attorney, an assistant prosecuting attorney, or

 

an investigator for the office of prosecuting attorney, or any

 

other person whose duty is to enforce the laws of this state or of

 

the United States.

 

     (c) "Public safety agency" means a functional division of a

 

public agency, county, or this state that provides firefighting,

 

law enforcement, ambulance, medical, or other emergency services.

 

     (d) "Public safety answering point" means a communications

 

facility operated or answered on a 24-hour basis and assigned

 

responsibility by a public safety agency or county to receive 9-1-1

 

calls and to dispatch public safety response.

 

     (e) "Wireless carrier" means a provider of commercial mobile

 

services, as that term is defined in 47 USC 332, including all

 

broadband personal communications services, wireless radio

 

services, and incumbent wide area specialized mobile radio

 

licensees that offer real-time, 2-way voice or data service

 

interconnected with the public switched telephone network, and that

 

is doing business in this state.

 

     Sec. 3. (1) Upon receipt of a request from a law enforcement

 

officer stating that the disclosure of device location information

 

is needed in an emergency situation that involves the imminent risk

 

of death or serious physical harm to the user of a wireless

 

telecommunications device, a wireless carrier shall provide the

 

requested device location information concerning the device to the

 

requesting law enforcement officer.

 

     (2) This section does not prohibit a wireless carrier from

 

establishing protocols for the disclosure of device location

 

information.

 

     (3) The department of state police shall obtain contact

 

information for all wireless carriers authorized to do business in

 

this state or submitting to the jurisdiction of this state in order

 

to facilitate a request from an investigative or law enforcement

 

officer for device location information under this section. The

 

department of state police shall disseminate this information on a

 

quarterly basis, or immediately as changes occur, to all public

 

safety answering points and law enforcement agencies.

 

     Sec. 5. No cause of action, either civil or criminal, lies in

 

any court against a wireless carrier or its officers, employees,

 

agents, or other specified persons for complying with a request

 

from a law enforcement officer under this act.

 

     Sec. 6. A law enforcement officer who requests, accesses,

 

uses, or discloses device location information obtained under this

 

act for personal use or gain is guilty of a misdemeanor punishable

 

by imprisonment for not more than 93 days or a fine of not more

 

than $500.00, or both.

 

     Enacting section 1. This act takes effect 90 days after it is

 

enacted into law.