The Kelsey Smith Act

Here is a copy of the Kelsey Smith Act as passed: Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location informa- tion concerning the telecommunications device of the user to the re- questing law enforcement agency in order to respond to a call for emer- gency services or in an emergency situation that involves the risk of death or serious physical harm. (b) Notwithstanding any other provision of law to the contrary, noth- ing in this section prohibits a wireless telecommunications carrier from establishing protocols by which the carrier could voluntarily disclose call location information. (c) No cause of action shall lie in any court against any wireless tel- ecommunications carrier, 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. (d) (1) The Kansas bureau of investigation shall obtain contact infor- mation for all wireless telecommunications carriers authorized to do busi- ness in the state of Kansas or submitting to the jurisdiction thereof in order to facilitate a request from a law enforcement agency for call lo- cation information in accordance with this section. (2) The Kansas bureau of investigation shall disseminate the infor- mation obtained pursuant to subsection (d)(1) on a quarterly basis or immediately as changes occur, to all public safety answer points in the state. (e) Rules and regulations shall be promulgated by the director of the Kansas bureau of investigation to fulfill the requirements of this section no later than July 1, 2010. (f) This section shall be known and may be cited as the Kelsey Smith act.

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