Chapter 22: Criminal Procedure

KANSAS CODE OF CRIMINAL PROCEDURE

Article 46: General Provisions

Statute 22-4615: Call location information of telecommunications device in emergency situation; telecommunications carrier; law enforcement agency. (a) Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of the user to the requesting law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.

      (b)   Notwithstanding any other provision of law to the contrary, nothing in this section prohibits a wireless telecommunications carrier from establishing protocols by which the carrier could voluntarily disclose call location information.

      (c)   No cause of action shall lie in any court against any wireless telecommunications carrier, its officers, employees, agents or other specified persons for providing call location information while acting in good faith and in accordance with the provisions of this section.

      (d) (1)   The Kansas bureau of investigation shall obtain contact information for all wireless telecommunications carriers authorized to do business in the state of Kansas or submitting to the jurisdiction thereof in order to facilitate a request from a law enforcement agency for call location information in accordance with this section.

      (2)   The Kansas bureau of investigation shall disseminate the information obtained pursuant to subsection (d)(1) on a quarterly basis or immediately as changes occur, to all public safety answer points in the state.

      (e)   Rules and regulations shall be promulgated by the director of the Kansas bureau of investigation to fulfill the requirements of this section no later than July 1, 2010.

      (f)   This section shall be known and may be cited as the Kelsey Smith act.

      History:   L. 2009, ch. 143, § 1; June 4.