Maryland House Bill HB1053

Maryland 2022 Regular Session

• Introduced: 2/10/22
• Refer: 2/10/22

Caption

Criminal Procedure - Location Information - Exigent Circumstances (Kelsey Smith Act for Maryland)

Impact

If enacted, HB1053 will amend existing criminal procedure laws in Maryland by specifying conditions under which service providers are obligated to provide location information. It sets a precedent for how location data can be accessed during emergencies, effectively changing the balance between individual privacy rights and public safety requirements. As such, it reinforces the authority of law enforcement while potentially impacting how personal electronic devices are handled in emergency scenarios.

Summary

House Bill 1053, also known as the Kelsey Smith Act for Maryland, focuses on the provision of location information by service providers to law enforcement in times of exigent circumstances. The legislation mandates that in emergencies, law enforcement agencies can obtain location data from electronic service providers, facilitating quicker response in critical situations. The bill is tailored to address cases where immediate access to location is crucial, potentially aiding in missing person situations or other urgent law enforcement needs.

Contention

Notable points of contention surrounding HB1053 involve privacy concerns regarding the extent to which law enforcement can access location data without a warrant. Critics fear that the broad definition of 'exigent circumstances' may lead to abuses, where the requirement for immediate action by police could undermine citizens' privacy rights. Proponents argue, however, that the law is a necessary tool that enhances public safety and is vital in emergency situations where rapid access to a person's location can have life or death implications.