KELSEY SMITH ACT.

View NCGA Bill Details2021
House Bill 213 (Public) Filed Wednesday, March 3, 2021
AN ACT TO AUTHORIZE THE PROVISION OF TELECOMMUNICATIONS DEVICE LOCATION INFORMATION TO LAW ENFORCEMENT UNDER CERTAIN EMERGENCY CIRCUMSTANCES.
Intro. by Hurley, McNeill, Carter, C. Smith.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 12 2021)
H 213

Bill Summaries:

  • Summary date: May 10 2021 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Revises new Article 16C, Provision of Wireless Call Location to Law Enforcement, as follows. Amends proposed GS 15A-300.10 by adding that the law enforcement agency requesting call location, or on whose behalf call location data was requested, within 72 hours of requesting the data from a wireless service provider, must apply for an order under GS 15A-300.11. Also requires, instead of allowing, a wireless service provider to establish procedures for voluntary disclosure of call location data.

    Amends proposed GS 15A-300.11 to now require a law enforcement agency requesting call location data, or on whose behalf the data has been requested, to apply to the superior court for an order approving the release of call location data due to the existence of emergency circumstances (previously allowed a law enforcement agency requesting call location data, or on whose behalf the data has been requested, to apply to the superior court for a finding that emergency circumstances existed). Makes conforming changes by authorizing a superior court judge to enter an ex parte order approving the release of call location data if the judge makes the already specified findings. Makes conforming changes to the statute's caption. 


  • Summary date: Apr 21 2021 - More information

    House committee substitute makes the following changes to the 1st edition.

    Revises new Article 16C, Provision of Wireless Call Location to Law Enforcement, in GS Chapter 15A, which requires a wireless services provider to give call location information for the device of a user to a requesting law enforcement agency or public safety answering point. Now more specifically limits the request to be made in an emergency situation involving an imminent risk of death or serious physical harm at the time of the request (previously did not require the imminent risk to be at the time of the request). Adds that call location data, as defined, obtained pursuant to the new Article is not admissible as evidence in a criminal prosecution unless a finding of emergency circumstances has been made pursuant to new GS 15A-300.11, as enacted, or the data is other admissible under another law or exception. Expands the immunity granted to the provider or other persons providing the call location data to include criminal immunity as well as civil immunity. 

    Enacts GS 15A-300.11 to allow a law enforcement agency requesting call location data under the new Article, or on whose behalf the data has been requested, to apply to the superior court within 72 hours of the initial request for a finding that emergency circumstances existed. Authorizes a superior court judge to enter an ex parte ruling if the judge finds that, at the time of the request, an emergency situation that involved an imminent risk of death or serious physical harm existed and only the amount of data reasonably necessary to prevent the imminent death or serious physical harm was requested.


  • Summary date: Mar 3 2021 - More information

    Enacts new Article 16C, Provision of Wireless Call Location to Law Enforcement, in GS Chapter 15A. Requires a wireless services provider to give call location information for the device of a user to a requesting law enforcement agency or public safety answering point;  Requires the request to be made by the  highest ranking person on duty and only allows the request to be made in an emergency situation involving an imminent risk of death or serious physical harm and only if the amount of data is reasonably necessary to prevent the imminent death or harm. Provides that no civil action can be brought against the provider or specified persons for providing the call location data if the provider acted in good faith reliance upon the representations of the law enforcement agency or public safety answering point. Requires the State Bureau of Investigation to keep a database of emergency contact information for all wireless telecommunications carriers registered to do business in the state and make the information available when requested to all public safety answering points in the state.

    Effective July 1, 2021.


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