§13-178. Short title - Kelsey Smith Act – Wireless

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telecommunications carriers to provide call location information to law enforcement.

A. This act shall be known and may be cited as the "Kelsey Smith Act".

B. As used in this act, "law enforcement agency" means any department or agency of this state or a political subdivision of this state that employs personnel certified by the Council on Law Enforcement Education and Training and is empowered by law to maintain public order, make arrests and enforce the criminal laws of this state or municipal ordinances.

C. Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information of the telecommunications device of a user to the requesting agency in order to respond to a call for emergency services or in an emergency situation that involves risk of death or serious physical harm. If call location information is provided to a law enforcement agency for the purposes set forth in this section, notice shall be

given to the user within thirty

(30)days after the call for emergency services or the emergency situation.

D. A wireless telecommunications carrier registered to do business in this state or otherwise submitting to the jurisdiction of this state and a reseller of wireless telecommunications services shall submit emergency contact information for the carrier to the Oklahoma State Bureau of Investigation

(OSBI)to facilitate requests from a law enforcement agency for call location information in accordance with this section. Such contact information shall be submitted annually by July 1 or immediately upon any change in contact information. The OSBI shall maintain a database containing emergency contact information for carriers required pursuant to this subsection and shall make the information immediately available upon request to any law enforcement agency in this state. The OSBI shall promulgate rules to implement the requirements of this subsection. Nothing in this subsection shall be construed to require carriers to submit emergency contact information for individual customers to the OSBI.

E. A wireless telecommunications carrier, its officers, employees or agents shall have no civil or criminal liability for providing call location information while acting in good faith and in accordance with the provisions of this section. Added by Laws 2021, c. 402, § 1, eff. Nov. 1, 2021.