Kelsey Smith Act

Faster emergency location access for phones

If enacted, this bill would let law enforcement or a public safety answering point ask phone and other telecom providers for a device's available location without delay in narrow emergencies. This would apply when an officer acting in the course of official duties says either the device called a PSAP for emergency help in the prior 48 hours or the officer reasonably suspects someone with the device faces death or serious physical harm. The officer must also assert that the subscriber consented, or that reasonable efforts were made to get consent from the subscriber or next of kin, consent was neither obtained nor refused, and the officer reasonably believes delay would increase the risk of death or serious harm. If next-of-kin consent is needed, the bill would set a priority order: legal spouse; adult children by descending age; parents (adoptive parent before natural parent, and custody rules apply); adult siblings by descending age; grandparents; then other relatives under the State's descent law. The requesting agency would have to keep a record naming the officer, declaring why location was needed, and describing how consent or efforts to obtain consent were handled. The bill would not stop providers from following any applicable State law that independently requires location disclosure in similar emergency situations.