HB13-1308 Summary

• A supervising law enforcement representative may order a wireless telecommunications provider to disclose a named person's call location information without a court order if an emergency exists involving risk of death or serious bodily injury and obtaining a warrant would increase that risk.

• Wireless providers must establish protocols for disclosing location information and keep records including the name of the requesting law enforcement representative and the date and time of the request.

• Wireless providers and their employees are protected from lawsuits for providing location information in response to requests from law enforcement agents with actual or apparent authority.

• Within 48 hours of acquiring location information, the law enforcement agency must request a court order confirming probable cause existed and whether the agency may retain the information for investigative purposes; otherwise the information must be destroyed.

• If a court finds the law enforcement agency lacked probable cause, the information and any evidence derived from it cannot be admitted in criminal proceedings unless the evidence was also obtained independently through lawful means.