HB 1306-1_ Filed 02/19/2007, 10:59 Ruppel
Adopted 2/19/2007


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1306 be amended to read as follows:

SOURCE: Page 7, line 7; (07)MO130601.7. -->     Page 7, between lines 7 and 8, begin a new paragraph and insert:
SOURCE: IC 34-30-2-156.5; (07)MO130601.4. -->     "SECTION 4. IC 34-30-2-156.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 156.5. IC 36-8-16.5-51 (Concerning commercial mobile radio service providers for disclosure of automatic location identification or automatic number identification information to a law enforcement officer).".
SOURCE: Page 9, line 6; (07)MO130601.9. -->     Page 9, after line 6, begin a new paragraph and insert:
SOURCE: IC 36-8-16.5-51; (07)MO130601.7. -->     "SECTION 7. IC 36-8-16.5-51 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 51. (a) This section applies to a CMRS provider that provides CMRS to a subscriber.
    (b) A CMRS provider shall disclose a subscriber's automatic location identification and automatic number identification information to a law enforcement officer upon request if an emergency situation exists that involves immediate danger of death or serious bodily injury to any person, including a situation in which there is a credible report of an unexplained missing person. This subsection does not affect the written policy of a CMRS provider concerning the disclosure of a subscriber's automatic location identification or automatic number identification information in a nonemergency situation.
    (c) Unless a subscriber executes a consent to the disclosure of the subscriber's automatic location identification or automatic

number identification information before a law enforcement officer receives information concerning a subscriber under this section, the law enforcement officer who receives information concerning a subscriber from a CMRS provider under this section shall provide the CMRS provider with a copy of a valid warrant or subpoena authorizing the disclosure of the subscriber's automatic location identification and automatic number identification information not later than forty-eight (48) hours after the law enforcement officer makes the request under subsection (b).
    (d) The failure of a law enforcement officer to apply for a warrant or subpoena described in subsection (c) may be punishable by up to one (1) year imprisonment under 18 U.S.C. 3121.
    (e) A CMRS provider that discloses information in good faith under subsection (b) is immune from civil liability for disclosing the information. This subsection does not apply to acts or omissions amounting to gross negligence or willful or wanton misconduct.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1306 as printed February 16, 2007.)

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Representative Ruppel


MO130601/DI 103     2007