Bill Text: NY S06454 | 2021-2022 | General Assembly | Introduced

New York Senate Bill 6454 (Prior Session Legislation)

Introduced

Bill Title: Enacts the Kelsey Smith Act to require wireless service providers to provide call location information to law enforcement during an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S06454 Detail]

Download: New_York-2021-S06454-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          6454

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 29, 2021
                                       ___________

        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law, in relation  to  enacting  the
          "Kelsey  Smith  Act"  requiring  wireless service providers to provide
          call location information to law enforcement during an emergency

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Kelsey Smith Act".
     3    §  2. The general business law is amended  by  adding  a  new  section
     4  399-hh to read as follows:
     5    §  399-hh. Disclosure of call location information by wireless service
     6  providers to law enforcement. 1. Definitions. As used in  this  section,
     7  the following terms shall have the following meanings:
     8    (a)  "Wireless  service  provider"  shall have the same meaning as the
     9  term "wireless communications service supplier" as defined  in  subdivi-
    10  sion twelve of section three hundred one of the county law.
    11    (b) "Location information" means all data and information collected by
    12  a wireless service provider which is capable of identifying the location
    13  of a wireless communications device.
    14    (c)  "Wireless  communications  device" shall have the same meaning as
    15  such term is defined in section three hundred one of the county law.
    16    (d) "Public safety answering point" means any state  or  local  public
    17  safety  answering  point as those terms are defined in subdivisions nine
    18  and ten of section three hundred twenty-five of the county law.
    19    2. Disclosure of location information in cases of emergency. (a) Every
    20  wireless service provider operating in this state shall, upon request of
    21  a law enforcement agency or a public safety answering  point  acting  on
    22  behalf  of  a  law  enforcement agency, disclose to such law enforcement
    23  agency  or  public  safety  answering  point  all  location  information
    24  collected from a wireless communications device:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08859-01-1

        S. 6454                             2

     1    (i) that was used to place a 911 call requesting emergency assistance;
     2  or
     3    (ii)  that  the  requesting  agency  reasonably  believes to be in the
     4  possession of an individual involved  in  an  emergency  situation  that
     5  involves imminent risk of death or serious physical injury to such indi-
     6  vidual.
     7    (b)  Whenever  a  request for location information is made pursuant to
     8  paragraph (a) of this subdivision, the law enforcement agency or  public
     9  safety  answering  point acting on its behalf shall maintain a record of
    10  the request that includes each of the following:
    11    (i) the name of the officer or agent making the  request  or,  in  the
    12  case  of  a  request  made by an agent, the name of the officer on whose
    13  behalf the agent is acting;
    14    (ii) a description of the request that explains the need  for  disclo-
    15  sure of location information; and
    16    (iii)  a statement subscribed by such person declaring that disclosure
    17  is necessary based on the conditions described in  subparagraph  (i)  or
    18  (ii)  of  paragraph  (a) of this subdivision, bearing a form notice that
    19  false statements made therein are punishable as a  class  A  misdemeanor
    20  pursuant to section 210.45 of the penal law.
    21    3.  Every  wireless  service  provider  operating  in this state shall
    22  provide its contact information to the New York state interoperable  and
    23  emergency  communication  board  to facilitate requests made pursuant to
    24  subdivision two of this section.  The board shall disseminate  all  such
    25  contact  information  to  every law enforcement agency and public safety
    26  answering point in the state.
    27    4. A wireless service provider may establish protocols by  which  such
    28  provider voluntarily discloses call location information.
    29    § 2. This act shall take effect immediately.