The Kelsey Smith Act requires telecommunications companies to quickly provide law enforcement and emergency responders with the location information of mobile devices during emergencies, without a traditional warrant. The bill applies when a device was used to call 911 in the past 48 hours or when officers reasonably suspect someone is in immediate danger of death or serious injury. Law enforcement can obtain this information either with the device owner's consent or, if the owner is unavailable, with consent from next of kin—or without any consent if officers make reasonable efforts to obtain it but believe delay could increase the risk of harm. The legislation establishes a clear hierarchy for determining next of kin (spouse, adult children, parents, siblings, grandparents, and other relatives in order) and requires law enforcement agencies to maintain records of all location requests, including the officer's name, the justification, and how consent was obtained. The bill does not override state laws and does not fund any new programs, instead placing the compliance burden on service providers.
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