HLS 15RS-767 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 456
BY REPRESENTATIVE THIERRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TELECOMMUNICATIONS: Requires commercial mobile service providers and
telecommunications carriers to disclose call location information to law enforcement
agencies during emergency situations
1 AN ACT
2To enact Chapter 8-L of Title 45 of the Louisiana Revised Statutes of 1950, to be comprised
3 of RS. 45:844.61 through 844.67, relative to commercial mobile service providers
4 and telecommunications carriers; to provide for a short title; to provide for
5 definitions; to require disclosure of call location information in emergency
6 situations; to provide for limited liability; to allow for protocols relative to voluntary
7 disclosure of call location information; to provide for an emergency contact listing;
8 to provide for enforcement and penalties; to provide for rules and regulations; to
9 provide for special effectiveness dates; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Chapter 8-L of Title 45 of the Louisiana Revised Statutes of 1950,
12comprised of R.S. 45:844.61 through 844.67, is hereby enacted to read as follows:
13 CHAPTER 8-L. LOUISIANA KELSEY SMITH ACT
14 §844.61. Short title
15 This Chapter shall be known and may be cited as "The Louisiana Kelsey
16 Smith Act".
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1 §844.62. Definitions
2 As used in this Chapter, the following terms and phrases have the meanings
3 hereinafter ascribed to them:
4 (1) "Department" means the Louisiana Department of Public Safety and
5 Corrections.
6 (2) "Emergency" means an actual or imminent threat that may result in or
7 involve the danger of death or serious physical harm.
8 (3) "Law enforcement agency" means any full-time employee of the state,
9 a municipality, a sheriff, or other public agency, whose permanent duties actually
10 include the making of arrests, the performing of searches and seizures, or the
11 execution of criminal warrants, and is responsible for the prevention or detection of
12 crime or for the enforcement of the penal, traffic, or highway laws of this state, but
13 not including any elected or appointed head of a law enforcement department. "Law
14 enforcement agency" also includes:
15 (a) Those deputy sheriffs whose duties include the care, custody, and control
16 of inmates.
17 (b) Full-time military police officers within the Military Department, state
18 of Louisiana.
19 (c) Full-time security personnel employed by the Supreme Court of the state
20 of Louisiana.
21 (4) "Telecommunications service" means the two-way transmission of signs,
22 signals, writing, images, sounds, messages, data, or other information of any nature
23 by wire, radio, light waves, or other electromagnetic means offered to the public
24 generally.
25 §844.63. Disclosure of call location information
26 A commercial mobile service provider or telecommunications carrier as
27 identified in or regulated by 47 U.S.C. 332(d)(1) and 47 CFR Parts 20, 22, and 24
28 shall, in an emergency situation, provide the following information upon the request
29 of a law enforcement agency:
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HB NO. 456
1 (1) The call location information concerning the user of a commercial mobile
2 service or telecommunications service when necessary to enable the law enforcement
3 agency to respond to a call for emergency service by a subscriber, customer, or user
4 of a telecommunications service as identified in this Chapter.
5 (2) The call location information obtained by any means of technology,
6 which is either available or required pursuant to 47 CFR Part 20, when disclosure of
7 that information relating to the emergency is required. The call location information
8 as identified in this Paragraph shall be disclosed to the law enforcement agency
9 making the request when it is reasonable to expect that any delay in the disclosure
10 may result in or involve the danger of death or serious physical harm.
11 §844.64. Liability
12 No commercial mobile service provider, telecommunications carrier, or its
13 officers, employees, agents, or other designees, shall be held liable for:
14 (1) Providing any information, facilities, or assistance to a law enforcement
15 agency in response to a request made pursuant to this Chapter.
16 (2) Providing any information, facilities, or assistance to a law enforcement
17 agency by means of any method, plan, system, or technology as required by this
18 Chapter.
19 (3) Causing any loss, damage, or other injury, whether to person or property,
20 that results from a disruption or loss of communication service during an emergency
21 situation, except in the case of gross negligence, recklessness, or intentional
22 misconduct.
23 §844.65. Protocols
24 Notwithstanding any other provision of law, nothing in this Chapter prohibits
25 a commercial mobile service provider or telecommunications carrier from
26 establishing protocols by which such a provider or carrier can voluntarily disclose
27 call location information.
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1 §844.66. Emergency contact listing
2 A. Any commercial mobile service provider or telecommunications carrier
3 who is registered to do business in Louisiana or submits to the jurisdiction thereof
4 shall submit its emergency contact information to the Louisiana Department of
5 Public Safety and Corrections in order to facilitate a request for call location
6 information made by a law enforcement agency in accordance with this Chapter.
7 This emergency contact information shall be submitted in writing and shall be
8 submitted annually on or before January fifteenth of each year and immediately upon
9 any change in the contact information.
10 B. The department shall maintain a listing containing the emergency contact
11 information for any commercial mobile service provider or telecommunications
12 carrier who is registered to do business in Louisiana or submits to the jurisdiction
13 thereof and shall make the information immediately available to any law
14 enforcement agency acting in accordance with this Chapter.
15 §844.67. Violations; enforcement; penalties
16 A. No commercial mobile service provider or telecommunications carrier
17 shall intentionally violate or fail to perform any duty imposed by the provisions of
18 this Chapter.
19 B.(1) The department and any law enforcement agency may enforce the
20 provisions of this Chapter.
21 (2) Pursuant to this Section, the department and any law enforcement agency
22 may:
23 (a) Provide forms including but not limited to citation and incident report
24 forms to other law enforcement agencies for use in the enforcement of the provisions
25 of this Chapter.
26 (b) Issue citations for violations of the provisions of this Chapter in addition
27 to other enforcement powers provided by law.
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1 Section 2. The Louisiana Department of Public Safety and Corrections shall
2promulgate any rules and regulations necessary to implement the provisions of this Act
3including but not limited to establishing a schedule of fines for violations of this Act.
4 Section 3. Section 1 of this Act shall become effective on January 1, 2016.
5 Section 4. The provisions of this Section and Sections 2 and 3 of this Act shall
6become effective upon signature of this Act by the governor or, if not signed by the
7governor, upon expiration of the time for bills to become law without signature by the
8governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If this Act
9is vetoed by the governor and subsequently approved by the legislature, Section 2 of this Act
10shall become effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 456 Original 2015 Regular Session Thierry
Abstract: Requires commercial mobile service providers and telecommunications carriers
to disclose call location information to law enforcement agencies during emergency
situations and allows for the establishment of procedures.
Proposed law enacts the Louisiana Kelsey Smith Act.
Proposed law enumerates definitions for the purposes of proposed law in order to provide
for clarification.
Proposed law defines "commercial mobile service providers" and "telecommunications
carriers" as they are identified and regulated by specified federal law. Proposed law
identifies the emergency circumstances in which a law enforcement agency may require a
commercial mobile service provider or telecommunications carrier to provide them with
specific call location information.
Proposed law provides limited liability for commercial mobile service providers,
telecommunications carriers, and their officers, employees, agents, or other designees when
disclosing call location information to law enforcement agencies pursuant to the provisions
of proposed law.
Proposed law allows commercial mobile service providers and telecommunications carriers
to maintain or establish protocols by which they may voluntarily disclose call location
information.
Proposed law requires commercial mobile service providers and telecommunications carriers
who are either registered to do business in Louisiana or submit to the jurisdiction thereof to
annually submit their emergency contact information to the Louisiana Dept. of Public Safety
and Corrections (DPS&C) to facilitate requests made by law enforcement agencies pursuant
to the provisions of proposed law. Proposed law requires the DPS&C to maintain a listing
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HB NO. 456
of the emergency contact information they receive from commercial mobile service
providers and telecommunications carriers.
Proposed law empowers the DPS&C and law enforcement agencies of this state to enforce
the provisions of proposed law by allowing them to issue citations and to provide forms for
citations and incident reports to other law enforcement agencies.
Proposed law directs the DPS&C to promulgate any necessary rules and regulations
including but not limited to establishing a schedule of fines for violations of proposed law.
Proposed law provides for effective dates.
(Adds R.S. 45:844.61-844.67)
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