SHB 1897 -
By Representative McCoy
NOT CONSIDERED
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 80.36 RCW
to read as follows:
(1) A wireless telecommunications provider must provide call
location information concerning the telecommunications device of a user
when requested by a law enforcement agency. A law enforcement agency
must meet the following requirements:
(a) A law enforcement agency may only request this information
when, in the law enforcement officer's exercise of reasonable judgment,
he or she believes that the individual is endangered and in need of
emergency services or in an emergency situation that involves the risk
of death or serious physical harm and requires disclosure without a
delay of information relating to the emergency.
(b) Concurrent to making a request, the responding law enforcement
agency must check the federal bureau of investigation's national crime
information center and any other available databases to identify if
either the person requesting the call location information or the
person for whom the call location information is being requested has
any history of domestic violence.
(c) Concurrent to making a request, or if the emergency arises
outside of business hours, during the next business day, the responding
law enforcement agency must also check with the secretary of state's
office to identify if either the person requesting the call location
information or the person for whom the call location information is
being requested is participating in the address confidentiality program
established in chapter 40.24 RCW.
(d) If the responding law enforcement agency identifies someone as
having a history of domestic violence or as participating in the
address confidentiality program, then the law enforcement agency must
not provide call location information to the individual who requested
the information, unless pursuant to the order of a court of competent
jurisdiction.
(e) A law enforcement agency may not request information under this
section for any purpose other than responding to a call for emergency
services or in an emergency situation that involves the risk of death
or serious physical harm.
(2) A wireless telecommunications provider may establish protocols
by which the carrier voluntarily discloses call location information.
(3) No cause of action may be brought in any court against any
wireless telecommunications provider, its officers, employees, agents,
or other specified persons for providing call location information
while acting in good faith and in accordance with the provisions of
this section.
(4) All wireless telecommunications providers registered to do
business in the state of Washington and all resellers of wireless
telecommunications services shall submit their emergency contact
information to the Washington state patrol in order to facilitate
requests from a law enforcement agency for call location information in
accordance with this section. Any change in contact information must
be submitted immediately.
(5) The Washington state patrol must maintain a database containing
emergency contact information for all wireless telecommunications
providers registered to do business in the state of Washington and must
make the information immediately available upon request to facilitate
a request from law enforcement for call location information under this
section.
(6) The Washington state patrol may adopt by rule criteria for
fulfilling the requirements of this section.
NEW SECTION. Sec. 2 This act may be known and cited as the
Kelsey Smith act."
Correct the title.
EFFECT: Clarifies that the law enforcement officer must exercise
reasonable judgment rather than have reasonable cause to believe an
individual is endangered.
Requires law enforcement to identify if there is a history of
domestic violence concurrently rather than prior to requesting call
location information.
Requires law enforcement to identify participation in the address
confidentiality program concurrently, or if outside of business hours,
during the next business day, rather than prior to requesting call
location information.
Limits the domestic violence history and address confidentiality
program checks to the person requesting the call location information
and the person for whom the call location information is requested.
Directs the responding law enforcement agency not to provide call
location information to the requestor, if a history of domestic
violence or participation in the address confidentiality program is
identified.