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HB 316: "An Act relating to law enforcement requests for wireless telephone location information in emergencies."

00 HOUSE BILL NO. 316 01 "An Act relating to law enforcement requests for wireless telephone location 02 information in emergencies." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 42.20 is amended by adding a new section to read: 05 Article 5. Emergency Wireless Telephone Location Disclosure. 06 Sec. 42.20.400. Providing wireless telephone location in emergency. (a) At 07 the request of a law enforcement agency, a wireless telephone company shall provide 08 the available current or most recent location of a wireless telephone to the agency 09 without delay if the agency asserts that 10 (1) the telephone was used to place a 911 call requesting assistance in 11 an ongoing emergency; or 12 (2) the agency has a reasonable basis to believe that the telephone is in 13 the possession of an individual who is in an ongoing emergency that involves the risk 14 of death or serious physical harm.

01 (b) A wireless telephone company may establish protocols to voluntarily 02 disclose the location of a wireless telephone consistent with applicable law. 03 (c) A wireless telephone company and its officers, agents, and employees are 04 not liable for providing the location of a wireless telephone to a law enforcement 05 agency while acting in good faith in compliance with (a) of this section. 06 (d) A wireless telephone company authorized to do business in the state shall 07 annually by June 15 supply the department with emergency contact information that 08 can be used to request the location of a wireless telephone under (a) of this section and 09 shall immediately inform the department of any changes to the contact information. 10 (e) The department shall maintain a database containing the emergency 11 contact information submitted under (d) of this section and shall provide the 12 information without delay at the request of a law enforcement agency or emergency 13 communications center. 14 (f) The department shall adopt regulations to implement this section. 15 (g) In this section, 16 (1) "department" means the Department of Public Safety; 17 (2) "emergency communications center" has the meaning given in 18 AS 11.56.785(b); 19 (3) "wireless telephone company" has the meaning given to 20 "commercial mobile service" in 47 U.S.C. 332.