House passes Kelsey Smith Act so law enforcement agencies can locate victims in grave danger

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The Alaska House Majority passed House Bill 316, also known as the Kelsey Smith Act, a measure requiring telecommunications companies to immediately respond to law enforcement requests for location information of victims who are in an ongoing emergency that involves risk of death or serious physical harm. 

Similar measures have passed in 30 states, and are currently pending in three others.

On June 2, 2007, Kelsey Smith was abducted in broad daylight from a Target store in Overland, Kansas. She was raped and murdered. The abduction was captured on the store’s security camera, which made it clear there was a dire emergency of a life-and-death nature. Four days after she disappeared, authorities were able to locate Kelsey’s body after her wireless provider finally, under pressure, released call information from her cell phone. The story was featured on America’s Most Wanted.

“The abduction and murder of Kelsey Smith is heartbreaking and should never happen again. In life-or-death situations it is paramount that our law enforcement agencies have access to life-saving resources; and the fear of legal liability should never stand in the way of rescuing a victim from a life-threatening situation,” said the sponsor of the bill, Rep. Craig Johnson.

The Kelsey Smith Act would make it clear that law enforcement officials, not a phone company, are able to determine if a person is in an actual emergency situation.

While privacy is important, this legislation attempts to balance the ability of law enforcement to help people in grave danger, while ensuring checks are in place to guard against government overreach, Johnson said.

The bill was voted on with 38 yeas, one nay (Rep. David Eastman), and one absent (Rep. Bryce Edgmon). The bill is now in the Senate for consideration.

15 COMMENTS

  1. Eastman. Again.

    Maybe if it was named the Holy David Eastman Saves Damsels in Distress” bill he might have supported it.

    What an absolute useless tool.

    • Non they will abuse this just like FIFA.
      Your being watched and just wait until it’s a cashless society as they will tell you what you can purchase with your government controlled electronic bank account.

  2. If justified, the cops can get a warrant and, in fact, are required by law to do so. This new law will be regularly abused by law enforcement, you can bet on it.

  3. More government privacy intrusions. It always starts with a “for your own safety” ruse and turns into another way to monitor you.

    • My thoughts exactly.

      This bill reeks of the same sort of disingenuous BS as the mandatory tracking chips that were inserted into ALL cell phones under the guise of “facilitating easier emergency response”. Yeah, that was the reason (rolls eyes).

  4. Moderation limbo again. This is getting silly.

    Can I play if I promise to kiss Eastman’s backside?

  5. Can’t wait to see this abused by the morons in power. More government overreach so people can “feel” safe. Ffs.

  6. Hmmmm funny. They sure gave up the information on the Canadian truckers pretty easy. No juris prudence needed when it’s something terrible like protesting the fake covid lock down. I’ll give it about 8 months before this bill is used against any of us dangerous white Christian nationalists. I mean we are the biggest threat to our democracy, as you’ve been told.

  7. Here we go. As George in a comment above stated, it always starts with a “for your own safety.” Just like with us being practically stip-searched at the airport for our own protection. I do not agree with this bill as it is opening a very dangerous door for the removal of our rights and privacy.

  8. STUPIDEST THING EVER but the bleeding heart UNIPARTY does not care about your right-to-privacy!
    Officials should have simply got a WARRANT!!

    Downing…..stop covering for all the RINOs!!!

  9. now they wouldn’t even clarify language with REASONABLE CAUSE!!!

    so if there is just a HUNCH…your right to privacy could be violated!!
    WHY WOULD ALLARD OBJECT??
    Follow link to read all Amendments and votes.
    One stupid article should not be making your decision on this issue for you!

    ‘https://www.akleg.gov/basis/Bill/Detail/33?Root=hb%20316

    Amendment No. 15 was offered by Representative Eastman:

    Page 1, line 9:
    Delete “a reasonable basis”
    Insert “probable cause”

    Page 2, following line 16:
    Insert a new paragraph to read:
    “(4) “𝗽𝗿𝗼𝗯𝗮𝗯𝗹𝗲 𝗰𝗮𝘂𝘀𝗲” 𝗺𝗲𝗮𝗻𝘀 𝗮 𝗱𝗲𝘁𝗲𝗿𝗺𝗶𝗻𝗮𝘁𝗶𝗼𝗻 𝗯𝗮𝘀𝗲𝗱 𝗼𝗻 𝗮
    𝗽𝗿𝗲𝗽𝗼𝗻𝗱𝗲𝗿𝗮𝗻𝗰𝗲 𝗼𝗳 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲;”

    Renumber the following paragraphs accordingly.
    2024-03-20 House Journal Page 1928

    Representative Eastman moved and asked unanimous consent that
    Amendment No. 15 be adopted.

    Representative Allard objected.

    The question being: “Shall Amendment No. 15 be adopted?” The roll
    was taken with the following result:
    CSHB 316(STA) am
    Second Reading
    Amendment No. 15
    YEAS: 2 NAYS: 38 EXCUSED: 0 ABSENT: 0
    𝗬𝗲𝗮𝘀: 𝗘𝗮𝘀𝘁𝗺𝗮𝗻, 𝗥𝗮𝘂𝘀𝗰𝗵𝗲𝗿
    Nays: Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,
    Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,
    Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,
    McKay, Mears, Mina, Ortiz, Prax, Ruffridge, Saddler, Schrage, Shaw,
    Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright
    And so, Amendment No. 15 was not adopted.

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