Indicates Matter Stricken

Indicates New Matter

 

Committee Amendment Adopted

02/28/24

S. 235

Introduced by Senators Adams, Gustafson, Senn, McLeod and Matthews

 

S. Printed 02/28/24--S.

Read the first time January 10, 2023

 

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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.

    Amend Title To Conform

 

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 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.

 

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

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