SB 890

Under current law, a warrant is generally required for a law enforcement officer

to track or obtain the location of a wireless communications device. However, there

is an exception that states that a law enforcement officer may seek, and a wireless

communications provider may provide, without a warrant, device location

information if the customer or subscriber consents or if an emergency involving the

danger of death or serious physical injury to any person exists and disclosure of the

location information is relevant to preventing the death or injury or to mitigating the

injury.

This bill provides that a wireless communications provider must provide the

device location information to law enforcement without a warrant if the customer or

subscriber consents to the disclosure; if the provider believes in good faith that an

emergency involving the danger of death or serious physical injury to any person

exists and that disclosure of the location is relevant to preventing the death or injury

or to mitigating the injury; or if the provider receives a written request from a law

enforcement agency stating that the disclosure of device location information is

needed to respond to a call for emergency services or to an emergency situation that

involves the danger of death or serious physical injury to any person and disclosure

of device location information is necessary to prevent or mitigate that danger.

Under current law, a wireless communications provider is immune from civil

liability for providing customer information in accordance with a warrant or the

exception described above. The bill also provides that the wireless communications

provider is immune from criminal liability for providing such information.

Additionally, the bill requires wireless communications providers to provide

emergency contact information for such requests to the Department of Justice on an

annual basis and requires DOJ to maintain a database of the information and

provide the information to law enforcement agencies and 911 call centers to facilitate

requests from law enforcement agencies.