TITLE 11

Crimes and Criminal Procedure

Law-Enforcement Administration

CHAPTER 89B. CALL LOCATION INFORMATION


As used in this chapter:

(1) "Law-enforcement agency'' means a government agency or any subunit thereof which performs the administration of criminal justice pursuant to state or federal law or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. For the purposes of this subchapter, such agencies shall include, but are not limited to, the following:

a. The Delaware State Police;

b. All law-enforcement agencies and police departments of any political subdivision of this State;

c. The Department of Correction; and

d. The Department of Justice.

(2) "Provider'' is as defined in § 10002 of Title 16.

(3) "Public safety answering point'' is as defined in § 10002 of Title 16.

(4) "Wireless provider'' is as defined in § 10002 of Title 16.

(5) "Wireless service'' is as defined in § 10002 of Title 16.

(6) "Wireless service customer'' is as defined in § 10002 of Title 16.

80 Del. Laws, c. 152, § 1.;

(a) Upon request of a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency, a wireless provider shall provide call location information concerning the telecommunications device of a wireless service customer to the requesting law-enforcement agency or public safety answering point. A law-enforcement agency or public safety answering point shall only request information under this chapter for the purposes of responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.

(b) A wireless provider may establish protocols by which the carrier voluntarily discloses call location information.

(c) No cause of action shall lie in any court against a wireless provider, its directors, officers, employees, agents, or vendors for providing cell location tracking information to a law-enforcement agency or public safety answering point as required by this chapter.

(d) The Delaware State Police Headquarters Communications shall obtain contact information from all wireless providers authorized to do business in this State to facilitate a request from a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency for call location information under this section. The Delaware State Police Headquarters Communications shall disseminate the contact information to each public safety answering point in this State.

80 Del. Laws, c. 152, § 1.;