SENATE BILL 534

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Mimi Stewart

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING WIRELESS TELECOMMUNICATIONS PROVIDERS TO PROVIDE CALL LOCATION INFORMATION TO LAW ENFORCEMENT AGENCIES IN AN EMERGENCY; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] REQUIRING DISCLOSURE OF INFORMATION--ESTABLISHMENT OF EMERGENCY SITUATION--PROVIDER IMMUNITY--PROVIDER CONTACT INFORMATION.--

          A. A wireless telecommunications provider shall provide telecommunications device location information concerning the telecommunications device of a user when requested by a law enforcement agency for the purpose of responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.

          B. A law enforcement agency shall not request information pursuant to this section for any purpose other than responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm. A law enforcement agency shall not convey or disclose the telecommunications device call location information to any individual except as necessary for the purposes set forth in Subsection A of this section.

          C. Before requesting telecommunications device call location information from a wireless telecommunications provider, a law enforcement officer shall determine whether an emergency exists requiring emergency services or involving the risk of death or serious physical harm.

          D. Unless a law enforcement officer determines that the circumstances of a request for emergency response require immediate action, the officer or other delegated agent within the law enforcement agency shall check relevant available databases before or concurrently with initiating the request for telecommunications device call location information from a wireless telecommunications provider. This action may include:

                (1) checking the federal bureau of investigation's national crime information center to identify if the person initiating the request for emergency response has a history of domestic violence or other criminal history, suggesting that the request may be pretextual; and

                (2) checking with the secretary of state's office to identify if the user for whom the call location information is being requested is participating in the state confidential address program.

          E. No cause of action shall be brought in any court against any wireless telecommunications provider, its officers, employees, agents or other specified persons for providing telecommunications device call location information when acting in accordance with the provisions of this section.

          F. All wireless telecommunications providers registered to do business in this state, and all resellers of wireless telecommunications services, shall submit twenty-four-hour contact information to the department of public safety in order to facilitate requests from a law enforcement agency for call location information in accordance with this section, which information shall be updated within forty-eight hours whenever there is a change.

          G. The department of public safety shall maintain a database containing twenty-four-hour contact information for all wireless telecommunications providers registered to do business in this state and shall make that information immediately available upon request to a law enforcement agency to facilitate a response to a request for telecommunications device call location information pursuant to this section.

          H. The department of public safety may promulgate by rule criteria for fulfilling the requirements of this section.

          I. For the purposes of this section:

                (1) "law enforcement agency" means a local or state law enforcement agency, including a local police or sheriff's department and the New Mexico state police;

                (2) "law enforcement officer" means a certified state or municipal police officer, county sheriff or deputy sheriff;

                (3) "telecommunications device" means a telephone or other electronic device enabling communication utilizing radio waves, light waves or other electromagnetic means;

                (4) "telecommunications device location information" means information indicating the physical geographical location of a telecommunications device;

                (5) "wireless telecommunications provider" means a telephone company, transmission company, telecommunications common carrier, telecommunications company, cellular or other wireless telecommunications service company whose customers are permanently or temporarily located in this state; and

                (6) "wireless telecommunications service" means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by radio, lightwaves or other electromagnetic means.

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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