(a) This section shall be known and cited as the Kelsey Smith Act.
(b) Upon request of a law enforcement officer as defined in Rule 1.4 of the Alabama Rules of Criminal Procedure, who is on duty and acting in the course of his or her official duties at the time of the request, a wireless communications service provider shall provide call location information concerning the telecommunications device of a user to the requesting law enforcement officer as soon as practicable after receipt of the request and after a showing that an emergency situation exists at the time of the request by the law enforcement officer.
(c) A law enforcement officer shall not request information pursuant to this section unless the request is made for the specific purpose of responding to a call for emergency services or in an emergency situation that involves the risk or threat of death or serious physical harm.
(d) A wireless communications service provider may establish protocols by which the carrier voluntarily discloses call location information.
(e) A wireless communications service provider, or any employee thereof, that provides information regarding call location information is immune from civil and criminal liability if acting in a reasonable manner and pursuant to this section.
(f) Pursuant to this section or as authorized by Section 15-5-40, a law enforcement officer, while located in the State of Alabama may monitor or obtain the location information of a device from a wireless communications provider no matter the location of the device, even if such device is transported throughout or outside of the State of Alabama, subject to any limitation or prohibition provided by federal law.
(g) The Alabama State Law Enforcement Agency may obtain contact information from all wireless service providers authorized to do business in this state to facilitate a request from a law enforcement agency for call location information under this section. The Alabama State Law Enforcement Agency shall disseminate the contact information to each state and local law enforcement agency in this state.
(h) The provisions of 18 U.S.C. §2707, as adopted by Section 15-5-40, may be applicable to this section as the person making the request, in addition to any other appropriate law or rule.
(i) All such requests pursuant to this section shall either be in writing and signed by the requesting law enforcement officer, or, if made orally, the request shall be documented at the earliest possible time thereafter and signed by the requesting law enforcement officer. The original request or documented request, or a copy thereof, shall be retained by the custodian of records for the law enforcement agency where the requesting law enforcement officer is employed. The documentation shall not be destroyed and shall be held as a permanent record. The open records requirements of Section 36-12-40, shall apply only to the name of the law enforcement officer making the request and the date the request was made, and only after the conclusion of the criminal investigation or criminal prosecution. All requests retained pursuant to this section shall be available to the Attorney General, the Secretary of the Alabama State Law Enforcement Agency, or the local district attorney at any time.
Last modified: May 3, 2021