1Requiring the disclosure of <-wireless device location mobile 
2communications tracking information; and providing for
3immunity.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Kelsey Smith
8Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

<-13"Law enforcement agency." A unit of local or State
14government that is authorized by law to grant full powers of
15arrest and to charge a person with the duties of preventing and
16detecting crime and enforcing the general criminal laws of this
17Commonwealth.

1"Wireless device location information." Information
2indicating the geographical location of a telecommunications
3device.

<-4"Investigative or law enforcement officer." The term shall
5have the same meaning as that in 18 Pa.C.S. § 5702 (relating to
6definitions).

7"Mobile communications tracking information." Information
8generated by a communication common carrier or a communication
9service which indicates the location of an electronic device
10supported by the communication common carrier or communication
11service.

12"Wireless telecommunications service provider." A provider
13of commercial mobile radio services, as that term is defined in
14section 332(d) of the Communications Act of 1934 (48 Stat. 1064,
1547 U.S.C. § 332(d)), including all broadband personal
16communications services, wireless radio telephone services,
17geographic area specialized and enhanced specialized mobile
18radio services and incumbent wide area specialized mobile radio
19licensees, which offers real-time, two-way voice service
20interconnected with the public switched telephone network and is
21doing business in this Commonwealth.

22"Written form." A form <-approved or prescribed by the 
23Attorney General that includes all of the following:

24(1) The name of the <-investigative or law enforcement 
25officer making a request for disclosure.

26(2) The jurisdiction of the <-law enforcement agency 
<-27investigative or law enforcement officer.

28(3) A description of the request stating the need for
29disclosure.

30(4) The signature of the <-investigative or law
 

1enforcement officer and a declaration that the disclosure of
<-2wireless device location mobile communications tracking
3information is needed in an emergency situation that involves
4the risk of death or serious physical harm to a person who
5possesses a telecommunications device <-and requires disclosure 
6without delay of information relating to the emergency.

7Section 3. Disclosure of <-wireless device location mobile 
8communications tracking information in emergency
9situations.

10(a) Disclosure.--Notwithstanding 18 Pa.C.S. <-§ 5713 (relating 
11to emergency situations) <-Ch. 57 (relating to wiretapping and 
12electronic surveillance), upon receipt of a written form from <-a 
13law enforcement agency <-an investigative or law enforcement 
14officer, a wireless telecommunications service provider shall
15provide the requested wireless device location <-mobile 
16communications tracking information concerning the device to the
17requesting law enforcement agency <-investigative or law 
18enforcement officer.

19(b) Protocols.--A wireless telecommunications service
20provider shall establish protocols consistent with this act that
21govern its response to a request from <-a law enforcement agency 
<-22an investigative or law enforcement officer under this section.

23Section 4. Immunity

24No cause of action shall lie in any court against a wireless
25telecommunications service provider, its officers, employees,
26agents or other specified persons for providing <-wireless device 
27location mobile communications tracking information to <-a law 
28enforcement agency <-an investigative or law enforcement officer
29as required by this act.

30Section 5. Effective date.

1This act shall take effect in 60 days.