(a) Upon request of a law-enforcement agency, a wireless telecommunications carrier or internet account provider shall provide location information concerning the telecommunications device of the user to the requesting law-enforcement agency in order to respond to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.
(b) Notwithstanding any other provision of law to the contrary, nothing in this section prohibits a wireless telecommunications carrier or internet account provider from establishing protocols to respond to a law enforcement agency request for location information in an emergency situation or a call for emergency services.
(c) No cause of action shall lie in any court against any wireless telecommunications carrier or internet account provider, its officers, employees, agents or other specified persons for providing location information while acting in good faith and in accordance with the provisions of this section.
(d) (1) All wireless telecommunications carriers or internet account providers registered to do business in the State of West Virginia or submitting to the jurisdiction thereof and all resellers of wireless telecommunications services shall submit their emergency contact information to the West Virginia State Police in order to facilitate requests from a law-enforcement agency for location information in accordance with this section. This contact information must be submitted annually by June 15th or immediately upon any change in contact information.
(2) The State Police shall maintain a database containing emergency contact information for all wireless telecommunications carriers or internet account providers registered to do business in the State of West Virginia and shall make the information immediately available upon request to all public safety answer points in the state.
(e) The Superintendent of the West Virginia State Police shall prescribe and promulgate reasonable rules to fulfill the requirements of this section no later than July 1, 2014.
(f) This section shall be known and may be cited as the "Kelsey Smith Act."
Structure West Virginia Code
Article 3. Communication Systems for Police Purposes
§15-3-1. Communication System for Department of Public Safety
§15-3-2. Radio Transmitters Operating on the State Police Frequency
§15-3-3. Use of Police Radio Stations
§15-3-4. Priority of Calls to Police Radio Stations
§15-3-6. Location of Police Radio Stations
§15-3-7. Staffs of Police Radio Stations
§15-3-8. Superintendent to Make Rules and Regulations to Carry Out Article
§15-3-9. Jurisdiction of Justices to Enforce Article
§15-3-10. Disclosure of Location Information; Emergency Situations