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Senate Judiciary Committee Amendment
S 235 - Session 125 (2023-2024)
Telecommunications location information
The Committee on Judiciary proposes the following amendment (SJ-235.BJ0002S):
Amend the bill, as and if amended, SECTION 1, by striking Section 23-3-340(A), (B), (C), and (D) and inserting:
(A) Upon request of a law enforcement agency, acting in the course of its official duties at the time of the request, a wireless service provider shall provide location information concerning the telecommunications device of a user to the requesting law enforcement agency within a reasonable period of time after receipt of the request. A law enforcement agency may not request information under this section unless for the purposes of responding to a call for emergency services that involves the risk of death or serious physical harm at the time of the request or in an emergency situation that involves the risk of death or serious physical harm.(B) A wireless service provider may establish protocols by which the carrier voluntarily discloses location information.
(C) A civil or criminal action may not be brought in a court against a wireless service provider or another person for providing location information if acting in good faith and under this section.
(D) The State Law Enforcement Division (SLED) shall obtain contact information from all wireless service providers authorized to do business in this State to facilitate a request from a law enforcement agency for location information under this section. SLED shall disseminate the contact information to each law enforcement agency in this State.