2013 -- S 0284

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LC00603

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND

CARRIERS

     Introduced By: Senators Doyle, Pearson, Jabour, Gallo, and Lynch

     Date Introduced: February 12, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 39-2-20 of the General Laws in Chapter 39-2 entitled "Duties of

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Utilities and Carriers" is hereby amended to read as follows:

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     39-2-20. Communications common carriers -- Duty to disclose certain information. -

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- (a) A communications common carrier, as defined in section 12-5.1-1, shall disclose to the

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attorney general, or an assistant attorney general specially designated by the attorney general, or

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any chief of police, the director of the statewide fugitive task force, or the superintendent of state

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police, the names, addresses, and telephone numbers of persons to whom nonpublished service is

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furnished upon written certification by the attorney general, or assistant attorney general, or any

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chief of police, the director of the statewide fugitive task force or the superintendent of state

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police that the information is necessary for an investigation of or prosecution of criminal

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violations of the laws of Rhode Island. No cause of action shall lie in any court against any

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communications common carrier, its officers, employees, or agents for furnishing or disclosing

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the information in accordance with the certification. The attorney general, or any chief of police,

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or the superintendent of state police, or the director of the statewide fugitive task force shall not

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disclose any information obtained as a result of the written certification except as it is essential to

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the proper discharge of their duties.

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     (1) Upon request of a law enforcement agency, a wireless telecommunications carrier

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shall provide call location information concerning the telecommunications device of the user to

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the requesting law enforcement agency in order to respond to a call for emergency services or in

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an emergency situation that involves the risk of death or serious physical harm.

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     (2) Notwithstanding any other provision of law to the contrary, nothing in this section

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prohibits a wireless telecommunications carrier from establishing protocols by which the carrier

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could voluntarily disclose call location information.

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     (3) No cause of action shall lie in any court against any wireless telecommunications

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carrier, its officers, employees, agents or other specified persons for providing call location

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information while acting in good faith and in accordance with the provisions of this section.

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     (4) All wireless telecommunications carriers registered to do business in the state of

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Rhode Island or submitting to the jurisdiction thereof and all resellers of wireless

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telecommunications services shall submit their emergency contact information to the Rhode

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Island division of public safety's E-911 unit in order to facilitate requests from a law enforcement

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agency for call location information in accordance with this section. This contact information

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must be submitted annually by June 15th or immediately upon any change in contact information.

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     (5) The Rhode Island division of public safety's E-911 unit shall maintain a database

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containing emergency contact information for all wireless telecommunications carriers registered

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to do business in the state of Rhode Island and shall make the information immediately available

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upon request to all public safety answer points in the state.

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     (6) Rules and regulations shall be promulgated by the director of the Rhode Island

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division of public safety to fulfill the requirements of this section no later than September 15,

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2013.

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     (7) This section shall be known and may be cited as the "Kelsey Smith Act."

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     SECTION 2. This act shall take effect upon passage.

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LC00603

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES AND

CARRIERS

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     This act would create the "Kelsey Smith Act" which would require telecommunications

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carriers to provide call location information of a telecommunication device to a requesting law

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enforcement agency in emergency situations that involve death or serious risk of harm.

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     This act would take effect upon passage.

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LC00603

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