Posted: | October 16, 2013 11:48 AM |
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From: | Representative Todd Stephens |
To: | All House members |
Subject: | Kelsey Smith Act – Using Technology to Help Victims of Crime |
Since 2005, the Federal Communications Commission has required cell phone manufacturers to include GPS receivers in all devices. This has allowed first-responders to pinpoint the location of 911 callers in an emergency. While Pennsylvania law enforcement officials can request this information from cellphone providers, it’s up to the providers to decide whether to voluntarily release the information without a search warrant or subpoena which takes time and delays emergency responders. To address this issue, I will be introducing legislation otherwise referred to as the “Kelsey Smith Act” to require wireless providers to send a signal to locate a potential victim’s cell phone at the request of law enforcement officials to help locate the missing person when there is sufficient information to believe there is a risk or threat of death or serious physical harm. The “Kelsey Smith Act” is named after an 18-year old Kansas woman who was abducted, sexually assaulted and murdered in 2007. The tragedy resulted in a nationwide movement by her parents and other advocates to ensure that law enforcement authorities can receive assistance from cell phone providers to help find the missing person. In Kelsey Smith’s case, surveillance video showed there was reason to believe she been abducted. However, because she did not dial 911, her location was not released by her cell phone provider despite pleas from her family and law enforcement officials. After four days, the technology was used to pinpoint the location of her cell phone and her body was found within 45 minutes. You can find additional information on the Kelsey Smith Act in the USA Today article (http://usatoday30.usatoday.com/news/nation/story/2012-08-26/kelseys-law-cellphone-location/57335906/1) Twelve states including Colorado, Kansas, Minnesota, Missouri, Nebraska, New Jersey, Nevada, North Dakota, New Hampshire, Tennessee, Utah, and West Virginia have passed the Kelsey Smith Act. |
Introduced as HB1852