Bill Text: OH SB5 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: To require wireless service providers to provide device location information to law enforcement officers or agencies in certain emergency situations.

Spectrum: Slight Partisan Bill (Republican 21-7)

Status: (Engrossed - Dead) 2013-04-17 - Passed 3rd Consideration House [SB5 Detail]

Download: Ohio-2013-SB5-Comm_Sub.html

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As Reported by the House Transportation, Public Safety, and Homeland Security Committee

130th General Assembly Regular Session 2013-2014

Am. Sub. S. B. No. 5

Senators Brown, Manning 

Cosponsors: Senators Schiavoni, Seitz, Kearney, Sawyer, LaRose, Hite, Bacon, Jones, Tavares, Turner, Smith, Uecker, Lehner, Coley, Beagle, Eklund, Patton, Balderson, Widener, Faber, Obhof, Schaffer, Gardner, Hughes, Oelslager, Peterson 

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A BILL

To enact section 2921.231 of the Revised Code to

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require wireless service providers to provide

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device location information to law enforcement

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officers or agencies in certain emergency

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situations.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 2921.231 of the Revised Code be	6
enacted to read as follows:	7

Sec. 2921.231.  (A) As used in this section:

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(1) "Device location information" means information	9
indicating the geographical location of a wireless service device.	10

(2) "Law enforcement agency" means an organization or unit	11
made up of law enforcement officers.	12

(3) "Law enforcement officer" has the same meaning as in	13
section 2901.01 of the Revised Code.	14

(4) "Wireless service" and "wireless service provider" have	15
the same meanings as in section 4927.01 of the Revised Code.	16

(B)(1) Except as provided in division (B)(2) of this section,	17
no law enforcement officer or agency shall request device location	18
information from a wireless service provider without first	19
obtaining a search warrant pursuant to Criminal Rule 41.	20

(2) In the case of an emergency situation that a law	21
enforcement officer or agency reasonably believes involves	22
imminent danger of death or serious physical injury to any person,	23
the officer or agency may request device location information from	24
a wireless service provider without first obtaining a search	25
warrant pursuant to Criminal Rule 41. The officer or agency shall	26
inform the wireless service provider that an emergency situation	27
exists and that the request for device location information is	28
being made due to the emergency situation.	29

(C) On request, a wireless service provider shall provide	30
device location information to a law enforcement officer or agency	31
concerning a user of a wireless service device in the following	32
circumstances:	33

(1) In an emergency situation to enable the officer or agency	34
to respond to a call for emergency service by a subscriber,	35
customer, or user of wireless service;	36

(2) In an emergency situation that the officer or agency	37
reasonably believes involves imminent danger of death or serious	38
physical injury to any person, where disclosure of communications	39
relating to the emergency is required without delay.	40

(D) No cause of action shall arise in any court of this state	41
against a wireless service provider, or its officers, employees,	42
or agents, for providing device location information to a law	43
enforcement officer or agency if the wireless service provider, or	44
its officers, employees, or agents provide the information in	45
direct response to a specific request by a law enforcement officer	46
or agency that the officer or agency has determined is necessary	47
to facilitate law enforcement operations arising from an emergency	48
situation that meets the criteria specified in division (C)(1) or	49
(2) of this section. No further immunity is granted under this	50
division.	51