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20LSO-0444
ORIGINAL House
ENGROSSED
Bill No
.
HB0126
ENROLLED ACT NO. 75,
HOUSE OF REPRESENTATIVES
SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session
AN ACT relating to emergency telephone service; requiring wireless carriers and service suppliers to provide call location information to law enforcement in emergency situations as specified; providing immunity; defining terms; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 16
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9
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111 is created to read:
16
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9
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111.
Providing call location information in an emergency.
(a)
At the request of a law enforcement agency officer or an employee or other agent of a public safety answering point on behalf of a law enforcement agency, who is acting in the course of the official duties of the officer or agent, a wireless carrier or service supplier shall provide, subject to any limitations under applicable federal law, available call location information of a telecommunications device without delay if the officer or agent asserts:
(i)
That the device was used to place a 911 call requesting emergency assistance; or
(ii)
Reasonable suspicion that the device is in the possession of an individual who is involved in an emergency situation that involves the risk of death or serious physical harm.
(b)
If a law enforcement agency officer, or an employee or other agent of a public safety answering point acting on behalf of such an officer, submits a request for location information to a wireless carrier or service
supplier under subsection (a) of this section, the law enforcement agency employing the officer shall maintain a record of the request that includes each of the following:
(i)
The name of the officer or agent making the request or, in the case of a request made by an agent, the name of the officer on whose behalf the agent is acting;
(ii)
A description of the request that explains the need for disclosure of location information;
(iii)
A declaration that disclosure of location information is needed based on the conditions described in paragraph (a)(i) or (ii) of this section.
(c)
A wireless carrier or service supplier may establish protocols by which the carrier or supplier voluntarily discloses call location information.
(d)
The statewide 911 coordinator shall obtain direct contact information from all wireless carriers and service suppliers authorized to do business in this state to facilitate a request from a law enforcement agency or a public safety answering point on behalf of a law enforcement agency for call location information under this section. All wireless carriers and service suppliers shall inform the statewide 911 coordinator of any changes to their direct contact information. The statewide 911 coordinator shall disseminate the direct contact information to each public safety answering point in this state.
Section 2.
W.S. 16
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102(a)(x) and by creating a new paragraph (xviii) and 16
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9
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108 are amended to read:
16
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9
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102.
Definitions.
(a)
As used in this act:
(x)
"This act" means W.S. 16
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9
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101 through
16
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110
16
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111
;
(xviii)
"Law enforcement agency" means as defined in W.S. 7
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3
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902(a)(i).
16
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9
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108.
Immunity for providers.
No basic emergency service provider or service supplier and no employee or agent thereof shall be liable to any person or entity for infringement or invasion of the right of privacy of any person caused or claimed to have been caused, directly or indirectly, by any act or omission in connection with the installation, operation, maintenance, removal, presence, condition, occasion or use of emergency service features, automatic number identification
,
or
automatic location identification services
or provision in an emergency of call location information
and the equipment associated therewith, including the identification of the telephone number, address or name associated with the telephone used by the person accessing 911 service, wireless automatic number identification, wireless automatic location identification service or text to 911 service. A governmental entity, public safety agency, local exchange access company, telephone exchange access company or wireless carrier that provides access to an emergency system or any officers, agents or employees thereof is not liable as a result of any act or omission except willful and wanton misconduct or gross negligence in connection with developing, adopting, operating or implementing emergency telephone service, enhanced wireless 911 service,
text to 911 service or any 911 system.
No public service answering point, wireless carrier, service supplier or any other person shall be civilly or criminally liable for providing call location information pursuant to W.S. 16
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9
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111.
Section 3
.
This act is effective July 1, 2020
.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk
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