WIRELESS DEVICE LOCATION                                                                S.B. 1089 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

Senate Bill 1089 (Substitute S-1 as reported)

Sponsor:  Senator Rick Jones

Committee:  Energy and Technology

CONTENT

The bill would create a new statute to do the following:

-- Require a wireless carrier to provide device location information in certain emergency situations upon the request of a law enforcement officer.

-- Require the Michigan Department of State Police (MSP) to obtain contact information for all wireless carriers in Michigan, in order to facilitate device location requests.

-- Require the MSP to disseminate that information to all public safety answering points and law enforcement agencies.

-- Specify that a wireless carrier's provision of device location information in accordance with the bill would not constitute a cause of action in court.

Specifically, upon receiving a request from a law enforcement officer stating that the disclosure of location information was needed in an emergency situation that involved the imminent risk of death or serious physical harm to the user of a wireless telecommunications device, a wireless carrier would have to provide the requested information concerning the device to the requesting officer. The bill provides that it would not prohibit a wireless carrier from establishing protocols for the disclosure of call location information.

The bill would define "law enforcement agency" as the MSP; a police agency of a city, village, or township; a sheriff's department, a public safety department of a State university, or any other governmental law enforcement agency in Michigan.

"Law enforcement officer" would mean a police officer of a county, city, village, or township or the State of Michigan, a State university public safety officer, a prosecuting attorney, assistant prosecuting attorney, or investigator for the office of prosecuting attorney, or any other person whose duty is to enforce the laws of Michigan or of the United States.

The bill would take effect 90 days after it was enacted.

                                                                                 Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  12-9-14                                                     Fiscal Analyst:  Bruce Baker

                                                                                            Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.