HB 2891 — wireless telecommunications carrier; records; notice

REFERENCEFifty-seventh TITLE:Legislature Public Safety & Law Enforcement First Regular Session H.B.

wireless2891 telecommunicationsPROPOSED carrier;HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

records;2891 (Reference to printed bill) Amendment instruction key:

notice[GREEN StateUNDERLINING ofIN ArizonaBRACKETS] Houseindicates oftext Representativesadded Fifty-seventhto Legislaturestatute Firstor Regularpreviously Sessionenacted HBsession 2891law. Introduced by Representatives Cavero:

Carbone,[Green Connolly,underlining Garcia,in Márquez,brackets] Marshall,indicates Pingerelli,text Rivero,added Simacekto ANnew ACTsession AMENDINGlaw TITLEor 13,text CHAPTERrestoring 30,existing ARIZONAlaw. REVISED STATUTES, BY ADDING SECTION 13-3007;

RELATING[GREEN TOSTRIKEOUT EAVESDROPPINGIN ANDBRACKETS] COMMUNICATIONS.indicates new text removed from statute or previously enacted session law.

(TEXT[Green OFstrikeout BILLin BEGINSbrackets] ONindicates NEXTtext PAGE)removed -from iexisting -statute, HBpreviously 2891 Be it enacted bysession thelaw Legislatureor ofnew thesession Statelaw. of Arizona:

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

A WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER SHALL PROVIDE THE CALL[CALL][PING] LOCATION INFORMATION OF A WIRELESS TELECOMMUNICATIONS DEVICE TO A LAW ENFORCEMENT OFFICER IF THE INFORMATION IS NECESSARY TO RESPOND TO A CALL FOR EMERGENCY SERVICES OR IN RESPONSE TO AN EMERGENCY SITUATION THAT INVOLVES THE RISK OF DEATH OR SERIOUS PHYSICAL INJURY.

THIS SECTION DOES NOT PROHIBIT A WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER FROM ESTABLISHING PROTOCOLS BY WHICH THE SERVICE PROVIDER VOLUNTARILY DISCLOSES CALL[CALL][PING] LOCATION INFORMATION.

A WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER AND ITS OFFICERS, EMPLOYEES, AGENTS OR OTHER SPECIFIED PERSONS ARE NOT LIABLE IN ANY CIVIL ACTION FOR DAMAGES FOR PROVIDING CALL[CALL][PING] LOCATION INFORMATION WHILE[WHILE ACTING IN GOOD FAITHFAITH][SO LONG AS A REASONABLE PERSON WOULD PROVIDE THE LOCATION INFORMATION FOR A PHONE] PURSUANT TO THIS SECTION.

THE NOTICE SHALL INCLUDE A WRITTEN STATEMENT SETTINGHouse FORTHAmendments FACTSto GIVINGH.B. RISE TO THE EMERGENCY AND BE PROVIDED TO THE INTENDED TARGET FORTY-EIGHT HOURS BEFORE THE INTENDED TARGET’S LOCATION IS SENT TO THE LAW ENFORCEMENT AGENCY.

2891 SETTING FORTH FACTS GIVING RISE TO THE EMERGENCY AND BE PROVIDED TO THE INTENDED TARGET [FORTY-EIGHT HOURS BEFORE][AFTER] THE INTENDED TARGET’S LOCATION IS SENT TO THE LAW ENFORCEMENT AGENCY.

THE WIRELESS TELECOMMUNICATIONS SERVICE PROVIDER SHALL NOT RELEASE CALL[CALL][PING] LOCATION INFORMATION TO A PERSON WHO EITHER HAS A CRIMINAL HISTORY INVOLVING DOMESTIC VIOLENCE OR STALKING OR WHO IS SUBJECT TO ANY COURT ORDER RESTRICTING CONTACT WITH THE WIRELESS TELECOMMUNICATIONS DEVICE USER.

NOT LATER THAN FORTY-EIGHT HOURS AFTER A LAW ENFORCEMENT OFFICER MAKES A REQUEST FOR CALL[CALL][PING] LOCATION INFORMATION, THE OFFICER'S LAW ENFORCEMENT AGENCY SHALL REQUEST A COURT ORDER STATING WHETHER THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE CONDITIONS DESCRIBED EXISTED AT THE TIME THE REQUEST WAS MADE.

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