Kelsey Smith
Under bicameral legislation introduced by U.S. Sens. Pat Roberts (R-KS), Jerry Moran (R-KS), Roy Blunt (R-MO) and Deb Fischer (R-NE), wireless communications providers would be required to provide call-location information to law enforcement officers who respond to emergency calls from cell phone users facing the risk of death or serious physical harm.
The Kelsey Smith Act, S. 2973, was introduced on May 24 by Sen. Roberts, with Sen. Moran, Blunt and Fischer signing on as the original cosponsors. The same-named companion bill, H.R. 5983, was introduced on May 25 by U.S. Rep. Kevin Yoder (R-KS) with U.S. Reps. Lynn Jenkins (R-KS) and Ron Estes (R-KS) as the original cosponsors.
The legislation would amend the Communications Act of 1934 to require wireless providers to give the location of the telecommunications device of a wireless user to an investigative or law enforcement officer or an employee or other agent of a public safety answering point in those specific emergency situations so they may respond to the user’s call for emergency services, according to the congressional record.
The legislation is named for Kelsey Smith, 18, of Overland Park, Kan., who in 2007 was abducted in a Target parking lot and then murdered. Authorities located Kelsey’s body four days later after her wireless provider released her cell phone “pings” or call-location information.
“Expediting the process of locating a cell phone could have helped save Kelsey’s life, and I hope we can pass this bill to save the lives of other innocent children who are abducted in the future,” said Sen. Roberts in a joint statement the lawmakers released last week.
“Kelsey Smith’s tragic abduction sent shockwaves through our community,” said Sen. Moran. “I’m thankful to have worked with the Smith family for a number of years to gain support for the Kelsey Smith Act and to ultimately prevent tragedies like this from happening in the future.”
In February, the man responsible for Smith’s death pleaded guilty in district court to capital murder, aggravated kidnapping, rape and aggravated sodomy and was sentenced to life in prison without the possibility of parole. Kelsey Smith’s parents, Missey and Greg Smith, have successfully advocated to get the law approved in 22 states and continue their efforts toward making it a federal law.
“If your child was missing would you not want law enforcement to have every tool available to find your child? The Kelsey Smith Act provides just that. Losing a child is life changing,” Missey and Greg Smith said in the joint statement the lawmakers released on May 25.
Rep. Yoder, who thanked the Smiths for their tireless efforts, noted that “it took four excruciating days for law enforcement to finally obtain the location data” from Kelsey Smith’s cell provider so police could find her. “In her memory, I am reintroducing the Kelsey Smith Act in the House to make sure what happened to her never happens again,” he said.
Capt. Scott Boden of the Johnson County (Kan.) Sheriff’s Office commended the law’s benefits during his 17 years with the department’s 911 dispatch center.
“The Kelsey Smith Law has been the single most important piece of legislation related to potentially saving the lives of suicidal subjects, assisting endangered children and addressing life threats when cell phone location is necessary and seconds count,” Boden said. “The difference this law has made cannot be overstated and I look forward to the day it becomes available across the country as a resource to assist first responders in their most critical service, saving lives.”
Retired Johnson County Sheriff Frank Denning agreed and said, “For this not to be federal law seems unjust to those who have loved ones in harm’s way and this type of intervention can and will save lives.”
“Both Kansas and Missouri have had Kelsey’s Law in place for years, and there have been success stories that illustrate it has helped public safety agencies locate wireless headsets in emergency situations,” added Eric Winebrenner, director of public safety at the Mid-America Regional Council. “The proposed Kelsey Smith Act would extend this benefit to all public safety answering points across the nation, which could save countless lives.”
H.R. 5983 has been referred to the U.S. House Energy and Commerce Committee, while S. 2973 is under consideration by the U.S. Senate Commerce, Science, and Transportation Committee.