S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4699
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Science and Technology
 
 AN ACT to amend the general business law, in relation  to  enacting  the
   "Kelsey  Smith  Act"  requiring  wireless service providers to provide
   call location information to law enforcement during an emergency

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Kelsey Smith Act".
   §  2. The general business law is amended  by  adding  a  new  section
 399-hh to read as follows:
   §  399-HH. DISCLOSURE OF CALL LOCATION INFORMATION BY WIRELESS SERVICE
 PROVIDERS TO LAW ENFORCEMENT. 1. DEFINITIONS. AS USED IN  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "WIRELESS  SERVICE  PROVIDER"  SHALL HAVE THE SAME MEANING AS THE
 TERM "WIRELESS COMMUNICATIONS SERVICE SUPPLIER" AS DEFINED  IN  SUBDIVI-
 SION TWELVE OF SECTION THREE HUNDRED ONE OF THE COUNTY LAW.
   (B) "LOCATION INFORMATION" MEANS ALL DATA AND INFORMATION COLLECTED BY
 A WIRELESS SERVICE PROVIDER WHICH IS CAPABLE OF IDENTIFYING THE LOCATION
 OF A WIRELESS COMMUNICATIONS DEVICE.
   (C)  "WIRELESS  COMMUNICATIONS  DEVICE" SHALL HAVE THE SAME MEANING AS
 SUCH TERM IS DEFINED IN SECTION THREE HUNDRED ONE OF THE COUNTY LAW.
   (D) "PUBLIC SAFETY ANSWERING POINT" MEANS ANY STATE  OR  LOCAL  PUBLIC
 SAFETY  ANSWERING  POINT AS THOSE TERMS ARE DEFINED IN SUBDIVISIONS NINE
 AND TEN OF SECTION THREE HUNDRED TWENTY-FIVE OF THE COUNTY LAW.
   2. DISCLOSURE OF LOCATION INFORMATION IN CASES OF EMERGENCY. (A) EVERY
 WIRELESS SERVICE PROVIDER OPERATING IN THIS STATE SHALL, UPON REQUEST OF
 A LAW ENFORCEMENT AGENCY OR A PUBLIC SAFETY ANSWERING  POINT  ACTING  ON
 BEHALF  OF  A  LAW  ENFORCEMENT AGENCY, DISCLOSE TO SUCH LAW ENFORCEMENT
 AGENCY  OR  PUBLIC  SAFETY  ANSWERING  POINT  ALL  LOCATION  INFORMATION
 COLLECTED FROM A WIRELESS COMMUNICATIONS DEVICE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08859-01-1

 A. 4699                             2
 
   (I) THAT WAS USED TO PLACE A 911 CALL REQUESTING EMERGENCY ASSISTANCE;
 OR
   (II)  THAT  THE  REQUESTING  AGENCY  REASONABLY  BELIEVES TO BE IN THE
 POSSESSION OF AN INDIVIDUAL INVOLVED  IN  AN  EMERGENCY  SITUATION  THAT
 INVOLVES IMMINENT RISK OF DEATH OR SERIOUS PHYSICAL INJURY TO SUCH INDI-
 VIDUAL.
   (B)  WHENEVER  A  REQUEST FOR LOCATION INFORMATION IS MADE PURSUANT TO
 PARAGRAPH (A) OF THIS SUBDIVISION, THE LAW ENFORCEMENT AGENCY OR  PUBLIC
 SAFETY  ANSWERING  POINT ACTING ON ITS BEHALF SHALL MAINTAIN A RECORD OF
 THE REQUEST THAT INCLUDES EACH OF THE FOLLOWING:
   (I) THE NAME OF THE OFFICER OR AGENT MAKING THE  REQUEST  OR,  IN  THE
 CASE  OF  A  REQUEST  MADE BY AN AGENT, THE NAME OF THE OFFICER ON WHOSE
 BEHALF THE AGENT IS ACTING;
   (II) A DESCRIPTION OF THE REQUEST THAT EXPLAINS THE NEED  FOR  DISCLO-
 SURE OF LOCATION INFORMATION; AND
   (III)  A STATEMENT SUBSCRIBED BY SUCH PERSON DECLARING THAT DISCLOSURE
 IS NECESSARY BASED ON THE CONDITIONS DESCRIBED IN  SUBPARAGRAPH  (I)  OR
 (II)  OF  PARAGRAPH  (A) OF THIS SUBDIVISION, BEARING A FORM NOTICE THAT
 FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A  CLASS  A  MISDEMEANOR
 PURSUANT TO SECTION 210.45 OF THE PENAL LAW.
   3.  EVERY  WIRELESS  SERVICE  PROVIDER  OPERATING  IN THIS STATE SHALL
 PROVIDE ITS CONTACT INFORMATION TO THE NEW YORK STATE INTEROPERABLE  AND
 EMERGENCY  COMMUNICATION  BOARD  TO FACILITATE REQUESTS MADE PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION.  THE BOARD SHALL DISSEMINATE  ALL  SUCH
 CONTACT  INFORMATION  TO  EVERY LAW ENFORCEMENT AGENCY AND PUBLIC SAFETY
 ANSWERING POINT IN THE STATE.
   4. A WIRELESS SERVICE PROVIDER MAY ESTABLISH PROTOCOLS BY  WHICH  SUCH
 PROVIDER VOLUNTARILY DISCLOSES CALL LOCATION INFORMATION.
   § 2. This act shall take effect immediately.