EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0517*
SENATE BILL 517
E2, E4 2lr2369
CF HB 1053
By: Senator Bailey
Introduced and read first time: January 28, 2022
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 5, 2022
CHAPTER ______
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 certain electronic devices to a law enforcement 5
agency or public safety answering point in certain circumstances for a certain period 6
of time; prohibiting a person from being held civilly liable for making required 7
disclosures; requiring the Department of State Police to collect and disseminate 8
certain information under certain circumstances; prohibiting a law enforcement 9
officer from requesting certain information from a certain service provider under 10
certain circumstances; requiring a certain law enforcement agency or public safety 11
answering point to report certain information to the Governor’s Office of Crime 12
Prevention, Youth, and Victim Services annually under certain circumstances; and 13
generally relating to location information and exigent circumstances. 14
BY repealing and reenacting, without amendments, 15
Article – Criminal Procedure 16
Section 1–203.1(a)(1), (4), (5), (6), and (9) 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
BY adding to 20
Article – Criminal Procedure 21
Section 1–203.2 22
Annotated Code of Maryland 23 2 SENATE BILL 517
(2018 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Criminal Procedure 4
1–203.1. 5
(a) (1) In this section the following words have the meanings indicated. 6
(4) (i) “Electronic device” means a device that enables access to or use 7
of an electronic communication service, as defined in § 10–401 of the Courts Article, a 8
remote computing service, as defined in § 10–4A–01(c) of the Courts Article, or a geographic 9
location information service. 10
(ii) “Electronic device” does not include: 11
1. an automatic identification system installed on a vessel in 12
accordance with Title 33, Part 164.46 of the Code of Federal Regulations; or 13
2. a vessel monitoring system (VMS) or a VMS unit installed 14
on board a vessel for vessel monitoring in accordance with Title 50, Part 648 of the Code of 15
Federal Regulations. 16
(5) “Exigent circumstances” means an emergency or other judicially 17
recognized exception to constitutional warrant requirements. 18
(6) “Location information” means real–time or present information 19
concerning the geographic location of an electronic device that is generated by or derived 20
from the operation of that device. 21
(9) “Service provider” means the provider of an electronic communication 22
service, a remote computing service, or any location information service. 23
1–203.2. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “ELECTRONIC DEVICE ” HAS THE M EANING STATED IN § 27
1–203.1 OF THIS SUBTITLE . 28
(3) “EXIGENT CIRCUMSTANCES ” HAS THE MEANING STAT ED IN § 29
1–203.1 OF THIS SUBTITLE . 30
SENATE BILL 517 3
(4) (3) “LOCATION INFORMATION ” HAS THE MEANING STAT ED IN § 1
1–203.1 OF THIS SUBTITLE . 2
(5) (4) “PUBLIC SAFETY ANSWERI NG POINT” HAS THE MEANING 3
STATED IN § 1–301 OF THE PUBLIC SAFETY ARTICLE. 4
(6) (5) “SERVICE PROVIDER ” HAS THE MEANING STAT ED IN § 5
1–203.1 OF THIS SUBTITLE . 6
(B) THIS SECTION APPLIES ONLY TO A REQUEST FO R LOCATION 7
INFORMATION OF AN ELECTRONIC DEVICE IF THE OWNER OR USER OF THE 8
ELECTRONIC DEVICE HA S BEEN REPORTED MISS ING. 9
(B) (C) ON REQUEST OF A LAW E NFORCEMENT AGENCY OR A PUBLIC 10
SAFETY ANSWERING POI NT MADE ON BEHALF OF A LAW ENFORCEMENT AG ENCY, A 11
SERVICE PROVIDER SHA LL PROVIDE THE LOCATION INFORMA TION OF AN 12
ELECTRONIC DEVICE IN EXIGENT CIRCUMSTA NCES. 13
(C) (D) A LAW ENFORCEMENT AGEN CY OR PUBLIC SAFETY ANSWERING 14
POINT MAY NOT OBTAIN LOCATION INFORMATION FOR AN ELECTRONIC DE VICE 15
UNDER THIS SECTION F OR A PERIOD EXCEEDIN G 48 HOURS. 16
(D) (E) A PERSON MAY NOT BE HE LD CIVILLY LIABLE FO R COMPLYING 17
WITH THIS SECTION BY PROVIDING LOCATION I NFORMATION . 18
(E) (F) (1) THE DEPARTMENT OF STATE POLICE SHALL OBTAIN 19
CONTACT INFORMATION FROM ALL SERVICE PRO VIDERS AUTHORIZED TO DO 20
BUSINESS IN THE STATE AND ANY OTHER R ELEVANT INFORMATION THAT WOULD 21
ASSIST A LAW ENFORCE MENT AGENCY OR PUBLI C SAFETY ANSWERING P OINT IN 22
MAKING A REQUEST FOR LOCATION INFORMATION UNDER THIS SECTION . 23
(2) THE INFORMATION COLLE CTED UNDER PARAGRAPH (1) OF THIS 24
SUBSECTION SHALL BE PROVIDED TO EACH LAW ENFORCEMENT AGENCY AND 25
PUBLIC SAFETY ANSWER ING POINT IN THE STATE. 26
(G) (1) A LAW ENFORCEMENT OFFI CER MAY NOT REQUEST INFORMATION 27
FROM A SERVICE PROVI DER UNDER THIS SECTI ON IF THE LAW ENFORC EMENT 28
OFFICER KNOWS THE OW NER OR USER OF THE ELECTRON IC DEVICE HAS NOT BE EN 29
REPORTED MISSING . 30
(2) A LAW ENFORCEMENT OFFI CER WHO VIOLATES THI S SUBSECTION 31
IS GUILTY OF A MISDE MEANOR AND ON CONVIC TION IS SUBJECT TO I MPRISONMENT 32
NOT EXCEEDING 6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH. 33
4 SENATE BILL 517
(H) IF A LAW ENFORCEMENT AGENCY OR PUBLIC SAF ETY ANSWERING POINT 1
OBTAINS THE LOCATION INFORMATION OF AN EL ECTRONIC DEVICE UNDE R THIS 2
SECTION, THE LAW ENFORCEMENT AGENCY OR PUBLIC SAF ETY ANSWERING POINT 3
SHALL NOTIFY THE OWN ER OR USER OF THE EL ECTRONIC DEV ICE THAT THEIR 4
LOCATION INFORMATION WAS OBTAINED AS SOON AS PRACTICABLE . 5
(I) ON OR BEFORE MARCH 1 EACH YEAR, A LAW ENFORCEMENT AG ENCY OR 6
PUBLIC SAFETY ANSWER ING POINT THAT HAS M ADE A REQUEST TO A S ERVICE 7
PROVIDER IN THE PREC EDING CALENDAR YEAR UNDER THIS SECTION SHALL 8
REPORT TO THE GOVERNOR’S OFFICE OF CRIME PREVENTION, YOUTH, AND VICTIM 9
SERVICES ON THE TOTAL NUMBER OF REQUESTS T HAT THE LAW ENFORCEM ENT 10
AGENCY MADE IN THE P RECEDING CALENDAR YE AR. 11
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
October 1, 2022. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.