Kelsey Smith
U.S. Sens. Pat Roberts (R-KS), Jerry Moran (R-KS), Roy Blunt (R-MO) and Deb Fischer (R-NE) on Jan. 30 introduced legislation that would require wireless providers to divulge specific caller location information during life or death situations.
The Kelsey Smith Act, S. 273, would require wireless communication providers to give call location information to law enforcement officials when responding to a call for emergency service or in an emergency situation that involves the risk of death or serious physical harm, according to the congressional record summary.
“The Kelsey Smith Act is common sense legislation that will help save countless children’s lives by making it easier for law enforcement to find children and loved ones who are abducted,” said Sen. Roberts, who sponsored the proposal.
S. 273 is named for Kelsey Smith, a teenager who was abducted from an Overland Park, Kan., department store and murdered in June 2007. Local authorities located Smith’s body four days after her disappearance when the wireless provider released the call location information from her cell phone, an action the lawmakers said should have been taken immediately to assist law enforcement sooner.
“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,” Sen. Roberts said.
Smith’s parents, Missey and Greg Smith, have successfully advocated for passage of similar legislation in 23 states, including Kansas, and continue their efforts to make it a federal law.
“Kelsey Smith’s tragic abduction sent shockwaves that continue to reverberate through our state,” said Sen. Moran, an original cosponsor of S. 273. “I am inspired by the Smith family’s resilience and leadership as we work toward gaining additional support for the Kelsey Smith Act.”
S. 273 also includes provisions to ensure that a professional law enforcement official in the field, not a phone company, determines if someone is in an emergency situation, according to a joint statement released on Jan. 30 by the senators.
“This legislation will make certain first responders have the tools they need to locate children who have been abducted, and I urge my colleagues to support this sensible bill to help save children’s lives,” Sen. Moran added.
S. 273 has garnered support from several organizations and law enforcement personnel in Kansas and around the country, including John Walsh, co-founder of the National Center for Missing and Exploited Children and host of the television show, America’s Most Wanted.
“The importance of gaining quick access to location information, available through telecommunications devices, cannot be stressed enough, as it is necessary to give law enforcement officials the ability to locate and rescue victims in very specific emergency situations -– namely when there is risk of death or serious bodily injury when time is of the essence,” Walsh recently wrote Sen. Roberts. “The Smith family has fought to successfully pass Kelsey’s Law in 23 states, and now it is time the Congress afford the same level of protection to the citizens of all 50 states.”
In addition to local law enforcement officials, S. 273 is supported by CTIA – The Wireless Association, Sprint, the National District Attorneys Association, the Federal Law Enforcement Officers Association, the Sergeants Benevolent Association, the International Association of Chiefs of Police, the Major County Sheriffs of America, the National Association of Police Organizers, the Fraternal Order of Police and the National Sheriffs’ Association.
S. 273 has been referred for consideration to the U.S. Senate Commerce, Science, and Transportation Committee.
The senators added that U.S. Rep. Ron Estes (R-KS) soon will introduce a companion bill to S. 273 in the U.S. House of Representatives.
“Since Kansas became the first state in the country to pass this legislation, 22 others have followed our state’s lead,” Rep. Estes said. “It’s time we have a national Kelsey Smith Act to aid law enforcement and save lives.”
During the 115th Congress, Sen. Roberts and Rep. Estes introduced the same-named bill, S. 2973/H.R. 5983, in their respective chambers. But the measures never advanced beyond committee review.
“I look forward to working with my colleagues in the House and thank Senator Roberts for reintroducing this legislation in the Senate,” Rep. Estes said.