BILL REQ. #:  H-1631.2 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to requiring call location information to be provided to law enforcement responding to an emergency; adding a new section to chapter 80.36 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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. The law enforcement agency may only request this information for the purpose of responding to a call for which it has reasonable cause to believe 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. Prior 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 any family or household member of 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. Prior to making a request, the responding law enforcement agency must check with the secretary of state's office to identify if any family or household member of 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. 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.