EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0517*
SENATE BILL 517
E2, E4 2lr2369
CF 2lr2367
By: Senator Bailey
Introduced and read first time: January 28, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Location Information – Exigent Circumstances 2
(Kelsey Smith Act for Maryland) 3
FOR the purpose of requiring certain service providers to provide certain location 4
information for an electronic device to a law enforcement agency or public safety 5
answering point in certain circumstances for a certain period of time; prohibiting a 6
person from being held civilly liable for making required disclosures; requiring the 7
Department of State Police to collect and disseminate certain information under 8
certain circumstances; and generally relating to location information and exigent 9
circumstances. 10
BY repealing and reenacting, without amendments, 11
Article – Criminal Procedure 12
Section 1–203.1(a)(1), (4), (5), (6), and (9) 13
Annotated Code of Maryland 14
(2018 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Criminal Procedure 17
Section 1–203.2 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Criminal Procedure 23
1–203.1. 24
(a) (1) In this section the following words have the meanings indicated. 25 2 SENATE BILL 517
(4) (i) “Electronic device” means a device that enables access to or use 1
of an electronic communication service, as defined in § 10–401 of the Courts Article, a 2
remote computing service, as defined in § 10–4A–01(c) of the Courts Article, or a geographic 3
location information service. 4
(ii) “Electronic device” does not include: 5
1. an automatic identification system installed on a vessel in 6
accordance with Title 33, Part 164.46 of the Code of Federal Regulations; or 7
2. a vessel monitoring system (VMS) or a VMS unit installed 8
on board a vessel for vessel monitoring in accordance with Title 50, Part 648 of the Code of 9
Federal Regulations. 10
(5) “Exigent circumstances” means an emergency or other judicially 11
recognized exception to constitutional warrant requirements. 12
(6) “Location information” means real–time or present information 13
concerning the geographic location of an electronic device that is generated by or derived 14
from the operation of that device. 15
(9) “Service provider” means the provider of an electronic communication 16
service, a remote computing service, or any location information service. 17
1–203.2. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “ELECTRONIC DEVICE ” HAS THE MEANING STAT ED IN § 21
1–203.1 OF THIS SUBTITLE . 22
(3) “EXIGENT CIRCUMSTANCES ” HAS THE MEANING STAT ED IN § 23
1–203.1 OF THIS SUBTITLE . 24
(4) “LOCATION INFORMATION ” HAS THE MEANING STAT ED IN § 25
1–203.1 OF THIS SUBTITLE . 26
(5) “PUBLIC SAFETY ANSWERI NG POINT” HAS THE MEANING STAT ED 27
IN § 1–301 OF THE PUBLIC SAFETY ARTICLE. 28
(6) “SERVICE PROVIDER ” HAS THE MEANING STATED IN § 1–203.1 OF 29
THIS SUBTITLE. 30
SENATE BILL 517 3
(B) ON REQUEST OF A LAW E NFORCEMENT AGENCY OR A PUBLIC SAFETY 1
ANSWERING POINT MADE ON BEHALF OF A LAW E NFORCEMENT AGENCY , A SERVICE 2
PROVIDER SHALL PROVI DE THE LOCATION INFO RMATION OF AN ELECTR ONIC 3
DEVICE IN EXIGENT CIRCUMSTANCES . 4
(C) A LAW ENFORCEMENT AGEN CY OR PUBLIC SAFETY ANSWERING POINT 5
MAY NOT OBTAIN LOCAT ION INFORMATION FOR AN ELECTRONIC DEVICE UNDER 6
THIS SECTION FOR A P ERIOD EXCEEDING 48 HOURS. 7
(D) A PERSON MAY NOT BE HE LD CIVILLY LIABLE FO R COMPLYING WITH 8
THIS SECTION BY PROV IDING LOCATION INFOR MATION. 9
(E) (1) THE DEPARTMENT OF STATE POLICE SHALL OBTAIN C ONTACT 10
INFORMATION FROM ALL SERVICE PROVIDERS AU THORIZED TO DO BUSIN ESS IN THE 11
STATE AND ANY OTHER R ELEVANT INFORMATION THAT WOULD ASSIST A LAW 12
ENFORCEMENT AGENCY O R PUBLIC SAFETY ANSW ERING POINT IN MAKIN G A 13
REQUEST FOR LOCATION IN FORMATION UNDER THIS SECTION. 14
(2) THE INFORMATION COLLE CTED UNDER PARAGRAPH (1) OF THIS 15
SUBSECTION SHALL BE PROVIDED TO EACH LAW ENFORCEMENT AGENCY A ND 16
PUBLIC SAFETY ANSWER ING POINT IN THE STATE. 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2022. 19