AN ACT

 

1Amending Title 35 (Health and Safety) of the Pennsylvania
2Consolidated Statutes, in miscellaneous provisions relating
3to emergency management services, providing for disclosure of
4caller location in emergencies and for good faith immunity
5under certain circumstances.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 35 of the Pennsylvania Consolidated
9Statutes is amended by adding a section to read:

10§ 7714. Disclosure of caller location in emergencies.

11(a) Duty of wireless provider.--Upon request of a law
12enforcement agency, a wireless provider shall provide call
13location information concerning the wireless device of the user
14in order for the requesting law enforcement agency to respond to
15a call for emergency services or an emergency that involves the
16risk of death or serious physical harm. The wireless provider
17shall provide the most accurate call location available, given

1the technical and other limitations that may impact the accuracy
2of the call location information in the relevant area.

3(b) Duty of Pennsylvania Emergency Management Agency.--The
4agency shall obtain contact information for all wireless
5providers authorized to do business in this Commonwealth in
6order to facilitate a request from a law enforcement agency for
7call location information in accordance with this section.

8(c) Duty of public safety answering point.--When requested
9by a law enforcement agency, the public safety answering point
10as defined in section 5302 (relating to definitions) shall
11assist the agency to obtain call location information from
12wireless providers. Such assistance shall be provided only upon
13the requesting agency's providing information establishing that
14the call location information is necessary to assist the agency
15in responding to an emergency that involves the risk of death or
16serious bodily injury.

17(d) Good faith immunity.--No cause of action shall lie in
18any court against any wireless provider, its officers,
19employees, agents or other specified persons for providing call
20location information while acting in good faith and in
21accordance with the provisions of this section. A wireless
22provider shall not be obligated to make an affirmative
23determination that the requesting law enforcement agency or
24public safety answering point as defined in section 5302 has met
25the threshold requirements of subsection (a).

26(e) Rules.--The agency shall adopt rules relative to the
27notice and disclosure requirements provided in this section.

28Section 2. This act shall take effect in 60 days.