January 15, 2015, Introduced by Rep. Heise and referred to the Committee on Criminal Justice.
A bill to require wireless carriers to provide device
locations for emergencies upon the request of law enforcement; to
prescribe the powers and duties of certain state agencies; and to
provide for immunity from prosecution and from civil liability
under certain circumstances.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Law enforcement agency" means the department of state
police, a police agency of a city, village, or township, a
sheriff's department, a public safety department of a state
university described in section 4, 5, or 6 of article VIII of the
state constitution of 1963, or any other governmental law
enforcement agency in this state.
(b) "Law enforcement officer" means a police officer of a
county, city, village, or township or this state, a state
university public safety officer of a state university described in
section 4, 5, or 6 of article VIII of the state constitution of
1963, a prosecuting attorney, an assistant prosecuting attorney, or
an investigator for the office of prosecuting attorney, or any
other person whose duty is to enforce the laws of this state or of
the United States.
(c) "Public safety agency" means a functional division of a
public agency, county, or this state that provides firefighting,
law enforcement, ambulance, medical, or other emergency services.
(d) "Public safety answering point" means a communications
facility operated or answered on a 24-hour basis and assigned
responsibility by a public safety agency or county to receive 9-1-1
calls and to dispatch public safety response.
(e) "Wireless carrier" means a provider of commercial mobile
services, as that term is defined in 47 USC 332, including all
broadband personal communications services, wireless radio
services, and incumbent wide area specialized mobile radio
licensees that offer real-time, 2-way voice or data service
interconnected with the public switched telephone network, and that
is doing business in this state.
Sec. 3. (1) Upon receipt of a request from a law enforcement
officer stating that the disclosure of device location information
is needed in an emergency situation that involves the imminent risk
of death or serious physical harm to the user of a wireless
telecommunications device, a wireless carrier shall provide the
requested device location information concerning the device to the
requesting law enforcement officer.
(2) This section does not prohibit a wireless carrier from
establishing protocols for the disclosure of device location
information.
(3) The department of state police shall obtain contact
information for all wireless carriers authorized to do business in
this state or submitting to the jurisdiction of this state in order
to facilitate a request from an investigative or law enforcement
officer for device location information under this section. The
department of state police shall disseminate this information on a
quarterly basis, or immediately as changes occur, to all public
safety answering points and law enforcement agencies.
Sec. 5. No cause of action, either civil or criminal, lies in
any court against a wireless carrier or its officers, employees,
agents, or other specified persons for complying with a request
from a law enforcement officer under this act.
Sec. 6. A law enforcement officer who requests, accesses,
uses, or discloses device location information obtained under this
act for personal use or gain is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more
than $500.00, or both.
Enacting section 1. This act takes effect 90 days after it is
enacted into law.