1Requiring the disclosure of wireless device location
2information; and providing for 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 local or State
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
18indicating the geographical location of a telecommunications

1device.

2"Wireless telecommunications service provider." A provider
3of commercial mobile radio services, as that term is defined in
4section 332(d) of the Communications Act of 1934 (48 Stat. 1064,
547 U.S.C. § 332(d)), including all broadband personal
6communications services, wireless radio telephone services,
7geographic area specialized and enhanced specialized mobile
8radio services and incumbent wide area specialized mobile radio
9licensees, which offers real-time, two-way voice service
10interconnected with the public switched telephone network and is
11doing business in this Commonwealth.

12Section 3. Disclosure of wireless device location information
13in emergency situations.

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

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

26Section 4. Immunity

27No cause of action shall lie in any court against a wireless
28telecommunications service provider, its officers, employees,
29agents or other specified persons for providing wireless device
30location information to a law enforcement agency while acting in

1good faith and as required by this act.

2Section 5. Effective date.

3This act shall take effect in 60 days.