CHAPTER 314
SB 435 – FINAL VERSION
03/17/10 0927s
13May2010… 2019h
06/02/10 2360eba
2010 SESSION
05/03
SENATE BILL 435
AN ACT relative to the provision of caller locations in emergency situations.
SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Letourneau, Dist 19; Sen. Houde, Dist 5; Sen. Bragdon, Dist 11; Rep. Kurk, Hills 7; Rep. Renzullo, Hills 27; Rep. Charron, Rock 7; Rep. Welch, Rock 8
COMMITTEE: Commerce, Labor and Consumer Protection
This bill requires wireless telecommunications carriers to disclose caller locations to law enforcement in certain emergency situations.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/17/10 0927s
13May2010… 2019h
06/02/10 2360eba
10-2847
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the provision of caller locations in emergency situations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
314:1 Title. This act shall be known as “the Kelsey Smith act.”
314:2 New Subdivision; Enhanced 911 System. Amend RSA 106-H by inserting after section 15 the following new subdivision:
Wireless Telecommunications Carriers
106-H:16 Disclosure of Caller Location in Emergency Situations.
I. Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of the user in order for the requesting law enforcement agency to respond to a call for emergency services or an emergency situation that involves the risk of death or serious physical harm. The wireless telecommunications carrier shall provide the most accurate call location available, given the technical and other limitations that may impact the accuracy of the call location information in the relevant area.
II. The department of safety shall obtain contact information for all wireless telecommunications carriers authorized to do business in this state in order to facilitate a request from a law enforcement agency for call location information in accordance with this section.
III. When requested by a law enforcement agency, the public safety answering point of the enhanced 911 statewide system shall assist the agency to obtain call location information from wireless telecommunications carriers. Such assistance shall be provided only upon the requesting agency providing information establishing that the call location information is necessary to assist the agency in responding to an emergency situation that involves the risk of death or serious bodily injury.
IV. No cause of action shall lie in any court against any wireless telecommunications carrier, its officers, employees, agents, or other specified persons for providing call location information while acting in good faith and in accordance with the provisions of this section. A wireless telecommunications carrier shall not be obligated to make an affirmative determination that the requesting law enforcement agency or public safety answering point has met the threshold requirements of paragraph I.
V. The commissioner of the department of safety shall adopt rules, under RSA 541-A, relative to the notice and disclosure requirements provided in this section.
VI. In this section, “wireless telecommunications carrier” shall have the same meaning as commercial mobile radio service provider in RSA 106-H:8.
314:3 Contingency. If HB 213-FN of the 2010 regular session of the general court becomes law, then RSA 106-H:16 as inserted by this act shall be renumbered to read as 106-H:17.
314:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 13, 2010
Effective Date: September 11, 2010