BILL REQ. #:  H-4063.1 

READ FIRST TIME 02/05/14.   

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

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) A wireless telecommunications provider must provide call location information concerning the telecommunications device of a user when requested by a law enforcement agency for the purpose of responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.
     (b) 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. A law enforcement agency may not convey or disclose the call location information to any individual except as strictly necessary for the purposes outlined in this subsection or as required by an order of a court of competent jurisdiction.
     (2) Before requesting call location information from a wireless telecommunications provider, a law enforcement officer must exercise reasonable judgment in determining whether an emergency is likely to exist requiring emergency services or involving the risk of death or serious physical harm, or whether the call or other initiation of the request for emergency response is pretextual. Unless the law enforcement officer reasonably determines that the circumstances require immediate action, in order to determine whether the request for emergency response is pretextual, the officer or other delegated agent within the law enforcement agency must check relevant databases before or concurrently with initiating the request for call location information from the telecommunications provider. This may include, but is not necessarily limited to, the following:
     (a) Checking the federal bureau of investigation's national crime information center to identify if the person making the call for emergency services or initiating the request for emergency response has a history of domestic violence or other criminal history suggesting that the call or request is pretextual; and
     (b) Checking with the secretary of state's office to identify if the user for whom the call location information is being requested is participating in the address confidentiality program established in chapter 40.24 RCW.
     (3) A wireless telecommunications provider may establish protocols by which the carrier voluntarily discloses call location information to a law enforcement agency for the purposes outlined in subsection (1) of this section.
     (4) 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.
     (5) 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. This contact information must be submitted immediately upon any change in contact information.
     (6) 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.
     (7) The Washington state patrol may adopt by rule criteria for fulfilling the requirements of this section.