§ 35-33-5-15 — Provision of geolocation information; law enforcement agency request; emergency contact information

Indiana § 35-33-5-15

• Jurisdiction: Indiana
• Art. 33: PRELIMINARY PROCEEDINGS
• Ch. 5: Search and Seizure

Text

(a) As used in this section, "geolocation
information" means data generated by an electronic device that can be
used to determine the location of the electronic device or the owner or
user of the electronic device. The term:
(1) includes geolocation information generated by a:
(A) cellular telephone;
(B) wireless fidelity (wi-fi) equipped computer;
(C) GPS navigation or tracking unit; or
(D) similar electronic device; and
(2) does not include the contents of a communication sent or
received by an electronic device.
(b) Upon the request of a law enforcement agency, a provider of
electronic communications services used by an electronic device shall
provide geolocation information in its possession concerning the
electronic device or the owner or user of the electronic device to the
law enforcement agency:
(1) to allow a law enforcement agency to respond to a call for
emergency services; or
(2) in an emergency situation that involves the risk of:
(A) death; or
(B) serious bodily injury;
to the owner or user or another individual.
A law enforcement agency may make a request for geolocation
information under this subsection without first obtaining a search
warrant or another judicial order that would otherwise be required to
obtain the geolocation information, if obtaining the search warrant or
other judicial order would cause an unreasonable delay in responding
to a call for emergency services or an emergency situation. If a law
enforcement agency makes a request for geolocation information under
this subsection without first obtaining a search warrant or another
judicial order, the law enforcement agency shall seek to obtain the
search warrant or other judicial order issued by a court based upon a
finding of probable cause that would otherwise be required to obtain
the geolocation information not later than seventy-two (72) hours after
making the request for the geolocation information.
(c) Notwithstanding any other law, a provider of electronic
communications services may establish protocols to respond to a law
enforcement agency request for geolocation information made under
this section.
(d) A provider of electronic communications services or an officer,
an employee, or an agent of a provider of electronic communications
services that provides geolocation information to a law enforcement
agency while responding to a request for geolocation information made
under this section is not liable for civil damages arising from:
(1) the provision of the geolocation information if the provision
of the information is done in compliance with this section; or
(2) any loss, damage, or other injury to person or property
resulting from a disruption or loss of communications services
during an emergency situation.
(e) A provider of electronic communications services used by an
electronic device that is qualified or registered to do business in
Indiana and a person that resells or otherwise makes available the
electronic communications services of the provider in Indiana shall
submit emergency contact information to the state police department
to facilitate a request for geolocation information made by a law
enforcement agency under this section. The emergency contact
information must be submitted to the state police department:
(1) before January 1, 2017, and before January 1 of each year
thereafter; and
(2) as soon as possible any time a change occurs to the emergency
contact information most recently submitted to the state police
department.
(f) The state police department shall:
(1) maintain the emergency contact information submitted to the
state police department under subsection (e); and
(2) make the information immediately available to a state or local
law enforcement agency.
(g) The superintendent of the state police department may adopt
rules under IC 4-22-2 necessary to implement this section.

Legislative History

As added by P.L.57-2016, SEC.3.