Chapter 419
2013 -- S 0284 AS AMENDED
Enacted 07/15/13
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
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 section
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, 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 that the information is necessary for an
investigation of or prosecution of criminal
violations of the laws of
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, 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
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
containing emergency contact information for all wireless
telecommunications carriers registered
to do business in the state of
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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LC00603
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