34-45-35 . Call location information--Provision to law enforcement--Emergency.
A law enforcement agency or any public safety answering point on behalf of a law enforcement agency may request, from a wireless telecommunications carrier, information regarding the location of a telecommunications device, if the highest ranking person on duty at the agency authorizes the request based on a determination that:
(1) The information is necessary to facilitate the provision of emergency services; or
(2) There exists an emergency situation involving the immediate risk of death or serious physical harm.
Upon receiving a request under this section, a wireless telecommunications carrier shall immediately provide the location to the law enforcement agency, together with any known subscriber information and information regarding the last time the device was used.
Each wireless telecommunications carrier doing business in this state shall provide to the Department of Public Safety a phone number for law enforcement emergency support services. Each carrier shall review the phone number at least twice each year and notify the department of any changes immediately.
The department shall maintain the list of phone numbers and provide the list to every public safety answering point and to the South Dakota state radio system.
A claim for relief may not be brought in any court against any wireless service carrier or any other person who in good faith provides information regarding the location of a telecommunications device in accordance with this section.
Source: SL 2020, ch 147, ยง 1.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 45 - Emergency Reporting System
Section 34-45-1 - Definitions.
Section 34-45-4 - Monthly uniform 911 emergency surcharge per service user line.
Section 34-45-4.2 - Prepaid wireless 911 emergency surcharge.
Section 34-45-4.3 - Registration of entity required to collect and remit surcharge.
Section 34-45-5 - Billing and collection of surcharge.
Section 34-45-6 - Surcharge--Liability.
Section 34-45-7 - Liability for collection and payment of service user line surcharges.
Section 34-45-8.3 - Time for filing monthly return, report, and remittance--Penalty or interest.
Section 34-45-9 - Administration costs.
Section 34-45-11 - Contracts for administration of 911 service.
Section 34-45-12 - 911 coordination fund--Distributions to public safety answering points.
Section 34-45-13 - Pay telephone--No coins required to dial 911.
Section 34-45-14 - Private listings furnished to 911 system.
Section 34-45-17 - Immunity from liability.
Section 34-45-18 - 911 Coordination Board established.
Section 34-45-18.1 - Board representatives.
Section 34-45-18.5 - State may contract with public safety answering point for emergency services.
Section 34-45-18.6 - Record keeping by service providers and prepaid wireless service sellers.
Section 34-45-18.7 - Promulgation of rules regarding returns, records, and audits.
Section 34-45-18.8 - Prohibited conduct--Misdemeanor.
Section 34-45-19 - Board attached to Department of Public Safety--Coordinator.
Section 34-45-20 - Board duties.
Section 34-45-21 - 911 financial information.
Section 34-45-22 - "911 Telecommunicator" defined.
Section 34-45-23 - "Commission" defined.
Section 34-45-24 - Training required for employment.
Section 34-45-25 - Effective date.
Section 34-45-26 - Qualifications for employment and training.
Section 34-45-27 - Commission reserves right to refuse application.
Section 34-45-28 - Prior requirements sufficient for continued employment.
Section 34-45-30 - Responsibilities of the commission.
Section 34-45-31 - Creation of a 911 telecommunicator training fund.
Section 34-45-32 - Training programs established.
Section 34-45-34 - Enhanced 911 service.
Section 34-45-35 - Call location information--Provision to law enforcement--Emergency.