West Virginia Code § 15-3-10

Disclosure of location information; emergency situations
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(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. e
(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 ruequest 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. l
(d) (1) All wireless telecommunications carriers or internet account providers registered to
do business in the State of West Virginia oir submitting to the jurisdiction thereof and all
resellers of wireless telecommunicagtions 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."

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