Senate Bill S6454

2021-2022 Legislative Session

enacts the Kelsey Smith Act to require wireless service providers to provide call location information to law enforcement during an emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection
Apr 29, 2021	referred to consumer protection

2021-S6454 (ACTIVE) - Details

See Assembly Version of this Bill:: A4699
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §399-hh, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S4195
2025-2026: S4823

2021-S6454 (ACTIVE) - Summary

Enacts the Kelsey Smith Act to require wireless service providers to provide call location information to law enforcement during an emergency.

2021-S6454 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6454

SPONSOR: SANDERS
 
TITLE OF BILL:

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

 
PURPOSE:

Disclosure of call location information by wireless service providers to
law enforcement. Every wireless service provider operating in this state
shall, upon request of a law enforcement agency or public safety answer-
ing 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 communication device.

 
SUMMARY OF PROVISIONS:

Section 1 of this legislation defines "Wireless Service Provider,"

"Location information," "Wireless communications device," and "Public
safety answering point." Section 2 of this legislation states that
disclosure of call location information by wireless service providers to
law enforcement. Every wireless service provider operating in this state
shall, upon request of a law enforcement agency or public safety answer-
ing 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 communication device. Section 3 of
this legislation states that every wireless service provider operating
in this state shall provide its contact information to the New York
state interoperable and emergency communication board. Section 4 of this
legislation states a wireless service provider may establish protocols
by which such provider voluntarily discloses call location information.

 
JUSTIFICATION:

The Kelsey Smith Act is named after, an eighteen year old young woman,
named Kelsey Smith who was abducted in broad day light, from a local
Target department store in Overland, Kansas in June of 2007. About three
hours, after Kelsey was abducted, her car was found in the Target park-
ing lot, and her family and friends and the police began to search for
her. An hour after Kelsey was kidnapped, a signal from her cell phone
was picked up. When law enforcement officials asked Verizon for the
"ping" records that would pinpoint her location via cell phone, Verizon
did not hand those records over, until three and a half days later. When
the Verizon did turn over the records, it took authorities 45 minutes to
locate Kelsey's body. However, she was founded dead, after being raped
and murdered. Now, Kelsey's parents, Greg and Missey Smith are working
to pass a piece of legislation in their daughter's name called the
Kelsey Smith Act. The Kelsey Smith Act would require that wireless phone
companies immediately respond to law enforcement requests for location
information in emergency situations. This legislation would require that
wireless phone companies immediately respond to law enforcement requests
for location information of victims who are in jeopardy of death or
serious physical harm. In addition, it would aid more responsive coordi-
nation between law enforcement agencies and wireless cell phone carriers
during emergencies involving missing persons. The Kelsey Smith Act is
being campaigned for at the state and federal level. So far, the Kelsey
Smith Act has been successfully enacted in 27 states and it has saved
lives in these states. Kelsey's story is not the first time, that a
tragedy could have been prevented if cell phone companies had turned
over their records to help find missing persons. By passing the Kelsey
Smith Act, lives can be saved. When a person has been abducted, or in an
emergency situation, it is vital that law enforcements act quickly,
which is why law enforcements need wireless carriers to cooperate with
them in emergency situations.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S6454 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6454
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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

 S. 6454                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S6454

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2021-S6454 (ACTIVE) - Details

2021-S6454 (ACTIVE) - Summary

2021-S6454 (ACTIVE) - Sponsor Memo

2021-S6454 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2021-S6454

Senate Bill S6454

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2021-S6454 (ACTIVE) - Details

2021-S6454 (ACTIVE) - Summary

2021-S6454 (ACTIVE) - Sponsor Memo

2021-S6454 (ACTIVE) - Bill Text download pdf

Comments