Committee Report

February 21, 2024

 

S. 235

 

Introduced by Senators Adams, Gustafson, Senn and McLeod

 

S. Printed 02/21/24--S.

Read the first time January 10, 2023

 

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The committee on Senate Judiciary

To whom was referred a Bill (S. 235) to amend the South Carolina Code of Law by adding Section 23-3-340 so as to provide that upon request of a law enforcement agency, a wireless telecommunications, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 23-3-340(A), (B), (C), and (D) and inserting:

    (A) Upon request of a law enforcement agency, acting in the course of its official duties at the time of the request, a wireless service provider shall provide location information concerning the telecommunications device of a user to the requesting law enforcement agency within a reasonable period of time after receipt of the request. A law enforcement agency may not request information under this section unless for the purposes of responding to a call for emergency services that involves the risk of death or serious physical harm at the time of the request or in an emergency situation that involves the risk of death or serious physical harm.

    (B) A wireless service provider may establish protocols by which the carrier voluntarily discloses location information.

    (C) A civil or criminal action may not be brought in a court against a wireless service provider or another person for providing location information if acting in good faith and under this section.

    (D) The State Law Enforcement Division (SLED) shall obtain contact information from all wireless service providers authorized to do business in this State to facilitate a request from a law enforcement agency for location information under this section. SLED shall disseminate the contact information to each law enforcement agency in this State.

 

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires a wireless service provider to provide call location information for a user of a telecommunications device within a reasonable period of time after a request by a law enforcement agency acting in its official duties.  A law enforcement agency may only make such a request for the purposes of responding to a call for emergency services at the time of the request or in an emergency situation that involves the risk of death or serious physical harm.  The bill also enables a wireless service provider to establish protocols by which the carrier will voluntarily disclose call location information.  In addition, the bill prohibits a civil or criminal action from being brought against a wireless service provider acting in good faith in providing call location information.  SLED must obtain relevant contact information from all wireless service providers authorized to do business in this State and disseminate that information to each law enforcement agency.  SLED intends to use existing staff and appropriations to fulfill this duty, and therefore, this bill will result in no expenditure impact.

 

Local Expenditure

RFA surveyed all county governments and the MASC to determine whether this bill would result in an expenditure impact.  RFA received responses from Dorchester County and the MASC, both of which indicated that implementation of the bill will have no expenditure impact.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAW 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, TO PROVIDE A CIVIL OR CRIMINAL ACTION MAY NOT BE BROUGHT AGAINST A WIRELESS SERVICE PROVIDER UNDER THIS SECTION UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE SLED SHALL OBTAIN CONTACT INFORMATION FROM WIRELESS SERVICE PROVIDERS TO FACILITATE A REQUEST FROM A LAW ENFORCEMENT AGENCY.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Article 5, Chapter 3, Title 23 of the S.C. Code is amended by adding:

 

    Section 23-3-340.  (A) Upon request of a law enforcement agency, acting in the course of its official duties at the time of the request, a wireless service provider shall provide call location information concerning the telecommunications device of a user to the requesting law enforcement agency within a reasonable period of time after receipt of the request. A law enforcement agency may not request information under this section unless for the purposes of responding to a call for emergency services at the time of the request or in an emergency situation that involves the risk of death or serious physical harm.

    (B) A wireless service provider may establish protocols by which the carrier voluntarily discloses call location information.

    (C) A civil or criminal action may not be brought in a court against a wireless service provider or another person for providing call location information if acting in good faith and under this section.

    (D) The State Law Enforcement Division (SLED) shall obtain contact information from all wireless service providers authorized to do business in this State to facilitate a request from a law enforcement agency for call location information under this section. SLED shall disseminate the contact information to each law enforcement agency in this State.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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