Bill Text: CA SB495 | 2009-2010 | Regular Session | Amended
Bill Title: Mobile telephony service providers: release of call
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB495 Detail]
Download: California-2009-SB495-Amended.html
BILL NUMBER: SB 495 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Benoit
FEBRUARY 26, 2009
An act to add Section 53121 to the Government Code,
relating to public safety. An act to add Article 5
(commencing with Section 2898) to Chapter 10 of Par t 2 of
Division 1 of the Public Utilities Code, relating to
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 495, as amended, Benoit. Public safety:
Mobile telephony service providers: release of call
location information to law enforcement agencies.
Under existing law, the Federal Communications Commission licenses
and partially regulates providers of commercial mobile radio
service, including providers of cellular radiotelephone service
(cellular), broadband Personal Communications Services (PCS), and
digital Specialized Mobile Radio (SMR) services (collectively, mobile
telephony service providers). Under existing law, no state or local
government may regulate the entry of, or the rates charged by, any
commercial mobile radio service, but a state or local government is
generally not prohibited from regulating the other terms and
conditions of commercial mobile radio service. Existing law
authorizes the Public Utilities Commission to regulate
telecommunications services and rates of telephone corporations,
except to the extent regulation of commercial mobile radio service is
preempted by federal regulation, and to require telephone
corporations to provide certain customer services.
Existing provisions of the Warren-911 Emergency Assistance Act,
establishes the number "911" as the primary emergency telephone
number for use in the state and requires the providing of enhanced
service capable of selective routing, automatic number
identification, or automatic location identification. Existing law
requires that a provider of commercial mobile radio service, as
defined, provide access for end users of that service to the local
"911" emergency telephone systems, and that user validation not be
required. Existing law authorizes a "911" call from a commercial
mobile radio service telecommunications device to be routed to a
public safety answering point other than the Department of the
California Highway Patrol under certain circumstances.
This bill would authorize a law enforcement agency to request a
telecommunications service provider, as defined, to provide customer
information, including the name of the customer, location of a
wireless device, and any additional telephone numbers of the
customer, when (1) exigent circumstances exist, (2) the law
enforcement agency has a court order for the customer information, or
(3) the consumer or subscriber lawfully consents to disclosure. The
bill would require the telecommunications service provider, upon
being provided the basis for a request pursuant to one of these 3
circumstances, to provide the law enforcement agency with the
requested customer information and would provide that a
telecommunications service provider, and its officers or employees,
are not subject to liability when it acts in a reasonable manner upon
receiving the request and that the good faith compliance with the
request is a complete defense against any civil action brought for
wrongful disclosure of customer information. The bill would require a
telecommunications service provider to maintain a record of all
requests for customer information from law enforcement agencies for
not less than 2 years and would prohibit a telecommunications service
provider from imposing any fee or charge for compliance with these
requirements.
This bill would require a mobile telephony services provider to
provide call location information relative to a telecommunications
device of a user to a requesting law enforcement agency, in order for
the law enforcement agency to respond to a call for emergency
services or in an emergency situation that involves the risk of death
or serious physical harm. The bill would provide that no cause of
action shall lie in any court against a mobile telephony services
provider, its officers, employees, or agents, for providing call
location information relative to a telecommunications device of a
user in good faith pursuant to the bill's provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 5 (commencing with Section
2898) is added to Chapter 10 of Part 2 of Division 1 of the
Public Utilities Code , to read:
Article 5. Mobile Telephony Service Telecommunications Device
Location Disclosure
2898. (a) A mobile telephony services provider shall provide call
location information relative to a telecommunications device of a
user to a requesting law enforcement agency, in order for the law
enforcement agency to respond to a call for emergency services or in
an emergency situation that involves the risk of death or serious
physical harm.
(b) Nothing in this section prohibits a mobile telephony services
provider from establishing protocol by which the provider may
voluntarily disclose call location information.
(c) No cause of action shall lie in any court against a mobile
telephony services provider, its officers, employees, or agents, for
providing call location information relative to a telecommunications
device of a user in good faith pursuant to this section. All
matter omitted in this version of the bill appears in the bill as
introduced in the Senate, February 26, 2009. (JR11)
