1Requiring the disclosure of wireless device location information
2and providing for definitions and immunity.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the Kelsey Smith
7Act.

8Section 2. Definitions.

9The following words and phrases when used in this act shall
10have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Law enforcement agency." A unit of State or local
13government that is authorized by law to grant full powers of
14arrest and to charge a person with the duties of preventing and
15detecting crime and enforcing the general criminal laws of this
16Commonwealth.

17"Wireless device location information." Information

1indicating the geographical location of a telecommunications
2device.

3"Wireless telecommunications service provider." A provider
4of commercial mobile service as defined under section 332(d) of
5the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. §
6332(d)). The term shall include all broadband personal
7communications services, wireless radio telephone services,
8geographic area-specialized and enhanced-specialized mobile
9radio services and incumbent-wide area-specialized mobile radio
10licensees that offer real-time, two-way voice service
11interconnected with the public switched telephone network and
12that is doing business in this Commonwealth.

13Section 3. Disclosure of wireless device location information
14in emergency situations.

15(a) Request.--Upon receipt of a written request from a law
16enforcement agency stating that the disclosure of wireless
17device location information is needed in an emergency situation
18that involves the risk of death or serious physical harm to a
19person who possesses a telecommunications device, a wireless
20telecommunications service provider shall provide the requested
21wireless device location information concerning that device to
22the requesting agency.

23(b) Protocols.--A wireless telecommunications service
24provider shall establish protocols consistent with this chapter
25that govern its response to a request from a law enforcement
26agency under this section.

27Section 4. Immunity.

28No cause of action shall lie in any court against a wireless
29telecommunications service provider, its officers, employees,
30agents or other specified persons for providing wireless device

1location information to a law enforcement agency as required by
2section 3(a) of this act.

3Section 5. Effective date.

4This act shall take effect in 60 days.