September 24, 2014, Introduced by Senators JONES, NOFS, MARLEAU and SCHUITMAKER and referred to the Committee on Energy and Technology.
A bill to require wireless carriers to provide call locations
for emergencies upon the request of law enforcement; and to provide
for immunity from prosecution and from civil liability under
certain circumstances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Law enforcement agency" means the department of state
police, a police agency of a city, village, or township, a
sheriff's department, a public safety department of a state
university described in section 4, 5, or 6 of article VIII of the
state constitution of 1963, or any other governmental law
enforcement agency in this state.
(b) "Law enforcement officer" means a police officer of a
county, city, village, or township or this state, a state
university public safety officer of a state university described in
section 4, 5, or 6 of article VIII of the state constitution of
1963, 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 this state or of the
United States.
(c) "Public safety agency" means a functional division of a
public agency, county, or the state that provides firefighting, law
enforcement, ambulance, medical, or other emergency services.
(d) "Public safety answering point" means a communications
facility operated or answered on a 24-hour basis and assigned
responsibility by a public agency or county to receive 9-1-1 calls
and to dispatch public safety response.
(e) "Wireless carrier" means a provider of commercial mobile
services, as that term is defined in 47 USC 332, including all
broadband personal communications services, wireless radio
services, and incumbent wide area specialized mobile radio
licensees that offer real-time, 2-way voice or data service
interconnected with the public switched telephone network, and that
is doing business in Michigan.
Sec. 3. (1) Upon receipt of a request from a law enforcement
officer stating that the disclosure of call location information is
needed in an emergency situation that involves the risk of death or
serious physical harm to the user of a wireless telecommunications
device, a wireless carrier shall provide the requested call
location information concerning the device to the requesting law
enforcement officer.
(2) This section does not prohibit a wireless carrier from
establishing protocols for the disclosure of call location
information.
(3) The department of state police shall obtain contact
information for all wireless carriers authorized to do business in
this state or submitting to the jurisdiction of this state in order
to facilitate a request from an investigative or law enforcement
officer for call location information under this section. The
department of state police shall disseminate this information on a
quarterly basis, or immediately as changes occur, to all public
safety answering points and law enforcement agencies.
Sec. 5. No cause of action, either civil or criminal, lies in
any court against a wireless carrier or its officers, employees,
agents, or other specified persons for providing call location
information in accordance with this act.