An Act to authorize the provision of call location information to law enforcement agencies.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

34-45-35. Call location information--Provision to law enforcement--Emergency.

A law enforcement agency may request, from a wireless telecommunications carrier, information regarding the call 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 call location to the law enforcement agency.

The department of public safety shall obtain and maintain from each wireless telecommunications carrier doing business in this state the contact information necessary for a law enforcement agency to institute a request under this section and immediately provide the contact information to a law enforcement agency at the agency's request.

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 call location of a telecommunications device in accordance with this section.