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TO AMEND ARTICLE 5, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MISSING PERSON INFORMATION CENTER, BY ADDING SECTION 23-3-340, SO AS TO PROVIDE THAT UPON REQUEST OF A LAW ENFORCEMENT AGENCY, A WIRELESS TELECOMMUNICATIONS CARRIER SHALL PROVIDE CALL LOCATION INFORMATION CONCERNING THE TELECOMMUNICATIONS DEVICE OF THE USER TO THE LAW ENFORCEMENT AGENCY IN ORDER TO RESPOND TO A CALL FOR EMERGENCY SERVICES OR IN AN EMERGENCY SITUATION THAT INVOLVES THE RISK OF DEATH OR SERIOUS PHYSICAL HARM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-340. (A) Upon request of a law enforcement agency, a wireless telecommunications carrier shall provide call location information concerning the telecommunications device of the user to the requesting law enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.
(B) Notwithstanding any other provisions of law, a wireless telecommunications service carrier shall establish protocols consistent with this section that govern the wireless telecommunications service carrier's response to a request from a law enforcement agency pursuant to this section.
(C) No cause of action may be brought in a court against a wireless telecommunications carrier, the wireless telecommunications carrier's officers, employees, agents or other specified persons for providing call location information as required by this section.
(D) Wireless telecommunications carriers registered to do business in South Carolina or submitting to the jurisdiction of South Carolina and all resellers of wireless telecommunications services shall submit their emergency contact information to the South Carolina Law Enforcement Division in order to facilitate requests from a law enforcement agency for call location information in accordance with this section. The contact information must be submitted annually by June 15th or immediately upon any change in contact information."
SECTION 2. This act takes effect sixty days after approval by the Governor.
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