Maryland House Bill HB533

Maryland 2023 Regular Session

• Introduced: 2/1/23
• Refer: 2/1/23

Caption

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

Impact

The legislation stipulates that location information can only be acquired for a maximum period of 48 hours, thus ensuring a balance between the need for public safety and the protection of privacy rights. Additionally, it includes provisions that a person complying with these requests shall not incur civil liability. This aspect of the bill addresses concerns about legal repercussions that could discourage cooperation from service providers during urgent situations.

Summary

House Bill 533, also known as the Kelsey Smith Act for Maryland, seeks to address the crucial issue of accessing location information in emergency situations. The bill mandates that service providers supply the location information of an electronic device to law enforcement agencies or public safety answering points when an exigent circumstance arises. This is particularly aimed at enhancing the ability of law enforcement to respond swiftly to crises involving missing persons or emergencies where immediate location data could be vital.

Contention

While the bill has been presented as a necessary tool for public safety, it has generated discussion regarding potential overreach into privacy rights. Critics may argue that the language surrounding exigent circumstances could be too broad, potentially leading to misuse or overreach by law enforcement. The bill seeks to clarify these definitions and establish safeguards, but the balance between effective policing and individual privacy remains a point of debate.

Final_notes

As HB533 progresses through the legislative process, its implications for state laws are being closely monitored. It not only aims to streamline law enforcement responses but also seeks to create uniform protocols for the handling of location information in urgent situations. The outcome of this bill could serve as a precedent for future legislation concerning digital privacy and law enforcement powers.