2020 -- H 7744

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LC004958

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS

     Introduced By: Representative Thomas E. Noret

     Date Introduced: February 26, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

     A communications common carrier, as defined in § 12-5.1-1, shall disclose to the attorney

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

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

a sworn law enforcement officer or Rhode Island state trooper, the names, addresses, and telephone

numbers of persons to whom nonpublished service is furnished upon written certification by the

attorney general, or assistant attorney general, or any chief of police, the director of the statewide

fugitive task force or, the superintendent of state police or a sworn law enforcement officer or

Rhode Island state trooper, that the information is necessary for an investigation of or prosecution

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

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

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

or the superintendent of state police, a sworn law enforcement officer or Rhode Island state trooper,

or the director of the statewide fugitive task force shall not disclose any information obtained as a

result of the written certification except as it is essential to the proper discharge of their duties.

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

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

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

emergency situation that involves the risk of death or serious physical injury to any person and

requires disclosure without delay of information relating to the emergency.

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

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

could voluntarily disclose device location information.

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

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

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

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

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

services shall submit their emergency contact information to the Rhode Island division of public

safety's E-911 unit in order to facilitate requests from a law enforcement agency for call location

information in accordance with this section. This contact information must be submitted annually

by June 15th or immediately upon any change in contact information.

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

containing emergency contact information for all wireless telecommunications carriers registered

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

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

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

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS

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     This act would include sworn law enforcement officers and Rhode Island state troopers in

the group of persons who may obtain the name, address and telephone numbers of persons to whom

nonpublished service is furnished.

     This act would take effect upon passage.

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