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HB2854 - 572R - I Ver
REFERENCE TITLE:
missing children; emergency information requests
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2854
Introduced by
Representative
Blackman
AN
ACT
amending title 8, chapter 5, article 1,
Arizona Revised Statutes, by adding section 8-902; relating to missing
children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1.
Heading change
The chapter heading of title 8,
chapter 5, Arizona Revised Statutes, is changed from
"
missing children reporting
" to
"
missing children
".
Sec. 2. Title 8, chapter 5, article 1, Arizona
Revised Statutes, is amended by adding section 8-902, to read:
START_STATUTE
8-902.
Missing minor child; emergency access to limited electronic
information; affidavit; covered service provider disclosure; enforcement;
violation; classification; definitions
A. A parent of a missing minor child
may make an emergency request for information to help locate the missing minor
child and may submit directly to a law enforcement agency or a covered service
provider a sworn affidavit stating that:
1. The parent has lawful custody of
the missing minor child.
2. The missing minor child's location
is not known.
3. The missing minor child is
believed to be in imminent danger.
4. The requested information is
reasonably necessary to assist in locating the missing minor child.
B. On receipt of a valid affidavit, a
covered service provider shall disclose information that is reasonably
necessary to assist in locating the missing minor child, including:
1. The most recent known device
location data.
2. Any subscriber and account
information that is associated with the device used by the missing minor child.
3. The date and time of the most
recent network activity.
C. Subsection B of this section does
not authorize the disclosure of the contents of communications.
D. A covered service provider shall
respond to a valid emergency request under this section within two hours after
receiving the request, unless compliance is technically infeasible.
E. This section shall be construed in
a manner consistent with 18 United States Code section 2702(
b
)(8) and (
c
)(4).� This section may not be
interpreted to:
1. Require a warrant or court order
for disclosures that are authorized under federal emergency provisions.
2. Limit the ability of a covered
service provider to rely on a good faith belief that an emergency exists.
3. Prohibit a covered service
provider from disclosing information when delay would increase the risk of
death or serious physical injury to the missing minor child.
F. A covered service provider may
rely on a sworn affidavit that is submitted by a parent with lawful custody as
a sufficient basis to form a good faith belief that an emergency exists,
regardless of whether the request is submitted by law enforcement.
G. A covered service provider that,
in good faith, discloses information pursuant to this section is immune from
civil liability, criminal liability and administrative sanctions arising from
the disclosure, including claims based on privacy, confidentiality or customer
agreement provisions.
H. This section does not authorize
any of the following:
1. Access to the contents of
communications.
2. Real-time interception or
monitoring of communications.
3. Continuous or ongoing tracking of
a device beyond the emergency period.
4. Disclosure for purposes unrelated
to locating a missing minor child.
I. Within forty-eight hours
after a covered service provider discloses information pursuant to this
section, the requesting parent or assisting law enforcement agency shall submit
the affidavit to the superior court for review.
J. A Law enforcement agency that
receives an affidavit under this section shall assist in facilitating emergency
disclosure requests and coordinating response efforts.
K. This section does not limit or
replace the authority of a law enforcement agency to request emergency
disclosures under federal or state law.� Requests initiated by parents under
this section supplement and do not supplant a law enforcement response.
L. The attorney general may bring a
civil action to enforce this section and may seek injunctive relief or civil
penalties for wilfull noncompliance by a covered service provider.
M. This section applies only to
emergency situations involving missing minor children and does not expand
general parental access to electronic communications or authorize routine
surveillance.
N. A person who knowingly submits a
false affidavit under this section is a class 1 misdemeanor.
O. For the purposes of this section:
1. "Covered service
provider" means a telecommunications carrier, wireless service provider or
internet service provider or any entity that collects, maintains or processes
electronic subscriber information or device location data.
2. "Imminent danger�:
(
a
) Means
circumstances that create a substantial risk of death or serious physical
injury to a missing minor child.
(
b
) Includes:
(
i
) Evidence or
indicators of coercion, trafficking or exploitation.
(
ii
) Sudden
loss of communication inconsistent with the missing minor child's age or
history.
(
iii
) Medical,
developmental or mental health vulnerabilities.
(
iv
) Exposure
to hazardous weather, terrain or environmental conditions.
(
v
) Any other
circumstance that reasonably indicates a risk of serious harm.
3. "Missing minor child"
means a person who is under eighteen years of age, whose whereabouts are
unknown and whose absence is inconsistent with the missing minor child's age,
behavior or circumstances.
4. "Parent" means a
biological parent, adoptive parent or legal guardian with lawful custody of a
minor child.
END_STATUTE