Bill Summary – FastDemocracy

67th Legislature                                                                                                      SB 219.1
                                                    SENATE BILL NO. 219
                                               INTRODUCED BY D. HOWARD
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   A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR THE RELEASE OF CALL LOCATION
   INFORMATION TO A LAW ENFORCEMENT AGENCY OR AGENT OF A PUBLIC SAFETY ANSWERING
   POINT IN AN EMERGENCY; AND AMENDING SECTION 27-1-735, MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.         Providing call location information in emergency. (1) At the request
   of a law enforcement agency officer or employee or other agent of a public safety answering point on behalf of
   a law enforcement agency who is acting in the course of the official duties of the officer or agent, a commercial
   mobile service as defined in 47 U.S.C. 332 shall provide, subject to any limitations under applicable federal law,
   available call location information of a telecommunications device without delay if the officer or agent asserts:
              (a)   that the device was used to place a 9-1-1 call requesting emergency assistance; or
              (b)   reasonable suspicion that the device is in the possession of an individual who is involved in an
   emergency situation that involves risk of death or serious physical harm.
              (2)   If a law enforcement agency officer or an employee or other agent of a public safety answering
   point acting on behalf of an officer submits a request for location information to a commercial mobile service
   under subsection (1), the law enforcement agency employing the officer shall maintain a record of the request
   that includes each of the following:
              (a)   the name of the officer or agent making the request or, in the case of a request made by an agent,
   the name of the officer on whose behalf the agent is acting;
              (b)   a description of the request that explains the need for disclosure of location information; or
              (c)   a declaration that disclosure of location information is needed based on the conditions described
   in subsection (1).
              (3)   A commercial mobile service may establish protocols by which the commercial mobile service
   voluntarily discloses call location information.
                                                                   -1-                      Authorized Print Version – SB 219
67th Legislature                                                                                                   SB 219.1
              (4)   The department shall obtain direct contact information from all commercial mobile services
   authorized to do business in this state to facilitate a request from a law enforcement agency or a public safety
   answering point on behalf of a law enforcement agency for call location information under this section. All
   commercial mobile services shall inform the department of any changes to their direct contact information. The
   department shall disseminate the direct contact information to each public safety answering point in this state.
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              Section 2. Section 27-1-735, MCA, is amended to read:
              "27-1-735.   Emergency communications systems -- lawful release of information. (1) It is lawful
   for a telephone company or telecommunications provider to release in good faith to personnel of emergency
   communications systems information not in the public record, including but not limited to unpublished or
   unlisted telephone numbers, and subscribers' names and physical addresses, and call location information
   pursuant to [section 1].
              (2)   A local exchange telephone company registered as a Montana telecommunications service
   provider, as provided in 69-3-805, or a provider of commercial mobile service, as defined in 47 U.S.C.
   332(d)(1), that provides emergency communications systems and related services and its employees and
   agents are not liable in tort to any person for damages alleged to have been caused by the design,
   development, installation, maintenance, or provision of emergency communications systems or related services
   unless the acts or omissions of the entities or persons constitute gross negligence or willful or wanton
   misconduct. This subsection does not provide immunity from liability in a products liability action.
              (3)   For the purposes of this section, "subscribers" means persons, partnerships, corporations, or other
   entities acquiring telecommunications services from a telecommunications provider. There is one subscriber for
   each billed line of a telecommunications provider."
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              NEW SECTION. Section 3.        Codification instruction. [Section 1] is intended to be codified as an
   integral part of Title 10, chapter 4, and the provisions of Title 10, chapter 4, apply to [section 1].
                                                           - END -
                                                                  -2-                      Authorized Print Version – SB 219
Statutes affected: 
SB0219_1.pdf: 27-1-735
SB0219_2.pdf: 27-1-735
SB0219_X.pdf: 27-1-735
Amended: 27-1-735
Introduced: 27-1-735