New York S 4823: Enacts the Kelsey Smith Act to require wireless service providers to provide call location information to law enforcement during an emergency

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S04823 Summary:

BILL NOS04823 

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SAME ASNo Same As

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SPONSORSANDERS

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COSPNSR

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MLTSPNSR

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Add §399-jj, Gen Bus L

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Enacts the Kelsey Smith Act to require wireless service providers to provide call location information to law enforcement during an emergency.

Go to top S04823 Actions:

BILL NOS04823 

&nbsp

02/13/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS04823 Committee&nbspVotes:

Go to topS04823 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04823 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4823

 2025-2026 Regular Sessions

 IN SENATE

 February 13, 2025
 ___________

 Introduced by Sen. SANDERS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to enacting the
 "Kelsey Smith Act" requiring wireless service providers to provide
 call location information to law enforcement during an emergency

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "Kelsey Smith Act".
 3 § 2. The general business law is amended by adding a new section
 4 399-jj to read as follows:
 5 § 399-jj. Disclosure of call location information by wireless service
 6 providers to law enforcement. 1. Definitions. As used in this section,
 7 the following terms shall have the following meanings:
 8 (a) "Wireless service provider" shall have the same meaning as the
 9 term "wireless communications service supplier" as defined in subdivi-
 10 sion twelve of section three hundred one of the county law.
 11 (b) "Location information" means all data and information collected by
 12 a wireless service provider which is capable of identifying the location
 13 of a wireless communications device.
 14 (c) "Wireless communications device" shall have the same meaning as
 15 such term is defined in section three hundred one of the county law.
 16 (d) "Public safety answering point" means any state or local public
 17 safety answering point as those terms are defined in subdivisions nine
 18 and ten of section three hundred twenty-five of the county law.
 19 2. Disclosure of location information in cases of emergency. (a) Every
 20 wireless service provider operating in this state shall, upon request of
 21 a law enforcement agency or a public safety answering point acting on
 22 behalf of a law enforcement agency, disclose to such law enforcement
 23 agency or public safety answering point all location information
 24 collected from a wireless communications device:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09642-01-5

 S. 4823 2

 1 (i) that was used to place a 911 call requesting emergency assistance;
 2 or
 3 (ii) that the requesting agency reasonably believes to be in the
 4 possession of an individual involved in an emergency situation that
 5 involves imminent risk of death or serious physical injury to such indi-
 6 vidual.
 7 (b) Whenever a request for location information is made pursuant to
 8 paragraph (a) of this subdivision, the law enforcement agency or public
 9 safety answering point acting on its behalf shall maintain a record of
 10 the request that includes each of the following:
 11 (i) the name of the officer or agent making the request or, in the
 12 case of a request made by an agent, the name of the officer on whose
 13 behalf the agent is acting;
 14 (ii) a description of the request that explains the need for disclo-
 15 sure of location information; and
 16 (iii) a statement subscribed by such person declaring that disclosure
 17 is necessary based on the conditions described in subparagraph (i) or
 18 (ii) of paragraph (a) of this subdivision, bearing a form notice that
 19 false statements made therein are punishable as a class A misdemeanor
 20 pursuant to section 210.45 of the penal law.
 21 3. Every wireless service provider operating in this state shall
 22 provide its contact information to the New York state interoperable and
 23 emergency communication board to facilitate request