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

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

17"Wireless device location information." Information

1indicating the geographical location of a telecommunications

3"Wireless telecommunications service provider." A provider
4of commercial mobile radio services, as that term is defined in
5section 332(d) of the Communications Act of 1934 (48 Stat. 1064,
647 U.S.C. § 332(d)), including 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, which offers real-time, two-way voice service
11interconnected with the public switched telephone network and is
12doing business in this Commonwealth.

<-13"Written form." A form approved or prescribed by the
14Attorney General that includes all of the following:

15(1) The name of the officer making a request for

17(2) The jurisdiction of the law enforcement agency.

18(3) A description of the request stating the need for

20(4) The signature of the officer and a declaration that
21the disclosure of wireless device location information is
22needed in an emergency situation that involves the risk of
23death or serious physical harm to a person who possesses a
24telecommunications device.

25Section 3. Disclosure of wireless device location information
26in emergency situations.

27(a) Disclosure.--<-Upon Notwithstanding 18 Pa.C.S. § 5713 
28(relating to emergency situations), upon receipt of a written
29request form from a law enforcement agency <-stating that the 
30disclosure of wireless device location information is needed in

1an emergency situation that involves the risk of death or 
2serious physical harm to a person who possesses a 
3telecommunications device, a wireless telecommunications service
4provider shall provide the requested wireless device location
5information concerning the device to the requesting <-law 
6enforcement agency.

7(b) Protocols.--A wireless telecommunications service
8provider shall establish protocols consistent with this act that
9govern its response to a request from a law enforcement agency
10under this section.

11Section 4. Immunity

12No cause of action shall lie in any court against a wireless
13telecommunications service provider, its officers, employees,
14agents or other specified persons for providing wireless device
15location information to a law enforcement agency <-while acting in 
16good faith and as required by this act.

17Section 5. Effective date.

18This act shall take effect in 60 days.