(The Center Square) – Getting through North Carolina’s House of Representatives hasn’t been a problem.
The Senate’s rules committee? That’s a hurdle three times in the last 10 years too high to clear.
The Kelsey Smith Act, or a similar version of it, is the law in 31 states. Passage last week in the House was 103-8 – all those against were Democrats – and the next step is to get out of the Senate’s Committee on Rules.
When lawmen in Kansas finally got information from Kelsey Smith’s cellphone data in 2007, it took about 30 minutes to locate her body. It was nearly four full days after she had been abducted and killed.
Kansas passed legislation in April of 2009. Wisconsin last year was the latest. Federal proposals have come too in the nearly 18 years since her death.
But getting information without a warrant is unique. That said, this bill has support of the North Carolina Sheriffs’ Association and the District Attorneys Association for North Carolina.
Language in The Kelsey Smith Act, known also as House Bill 211, says lawmen in official duties shall be provided phone location information by the wireless telecommunications carrier if the device “was used to place a 911 call requesting emergency assistance,” or “there is reasonable suspicion that the device that is the subject of the request is in the possession of an individual who is involved in an emergency situation that involves risk of death or serious physical harm.”
Only location can be obtained. For example, calls and message data cannot.
Three previous attempts in North Carolina failed. The closest was in 2015-16, when the House bill (118-2) got a substitute from the Senate and an appointed conference committee didn’t get the legislation to the finish line.
House passage was strong in March 2017 (114-0) and May 2021 (116-0), though each time bills died in the Rules Committee of the Senate.
No sessions of the Legislature are scheduled this week. The General Assembly convenes Monday of next week, with most action unlikely to happen before Tuesday.
Crossover day is May 8.
