Amendment #17 to H4324

An Act relative to wireless phone records

Mrs. O'Connell of Taunton moves to amend the bill adding at the end thereof the following section:-

“SECTION XX. Chapter 6A of the General Laws is hereby amended by inserting at the end thereof the following new section:-

Section 18M. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

“Executive office”, the executive office of public safety.

“Public Safety department”, an entity that provides emergency police, fire, ambulance or medical services, excluding a municipality or a public safety department.

(b) Upon request of a public safety department, a wireless carrier shall immediately provide call location information concerning a wireless device, provided however, that said request shall be based on exigent circumstances which the public safety department reasonably believes could result in the risk of death or serious bodily injury.

(c) (1) All wireless carriers shall submit their emergency contact information to the executive office in order to facilitate requests from a public safety department for call location information in accordance with subsection (b). Said contact information shall be submitted annually by June 15th or immediately upon any change in contact information. A wireless carrier may establish a voluntarily program to disclose call location information; provided however, that said wireless carrier notifies their customers 90 days prior to establishing said program.

(d) No cause of action shall lie in any court against any wireless carrier, its officers, employees, agents or other specified persons for providing call location information while acting in good faith and in accordance with the provisions of this section.

(e) The executive office shall promulgate regulations for administration and enforcement of this section; provided further, that said regulations shall be promulgated no later than December 31, 2012.”