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Sec. 15. (a)?As used in this section, ?geolocation information? means data generated by an electronic device that can be used to determine the location of the electronic device or the owner or user of the electronic device. ?The term:
(1)?includes geolocation information generated by a:
(B)?wireless fidelity (wi-fi) equipped computer;
(C)?GPS navigation or tracking unit; ?or
(D)?similar electronic device; ?and
(2)?does not include the contents of a communication sent or received by an electronic device.
(b)?Upon the request of a law enforcement agency, a provider of electronic communications services used by an electronic device shall provide geolocation information in its possession concerning the electronic device or the owner or user of the electronic device to the law enforcement agency:
(1)?to allow a law enforcement agency to respond to a call for emergency services; ?or
(2)?in an emergency situation that involves the risk of:
(B)?serious bodily injury;
to the owner or user or another individual.
A law enforcement agency may make a request for geolocation information under this subsection without first obtaining a search warrant or another judicial order that would otherwise be required to obtain the geolocation information, if obtaining the search warrant or other judicial order would cause an unreasonable delay in responding to a call for emergency services or an emergency situation. ?If a law enforcement agency makes a request for geolocation information under this subsection without first obtaining a search warrant or another judicial order, the law enforcement agency shall seek to obtain the search warrant or other judicial order issued by a court based upon a finding of probable cause that would otherwise be required to obtain the geolocation information not later than seventy-two (72) hours after making the request for the geolocation information.
(c)?Notwithstanding any other law, a provider of electronic communications services may establish protocols to respond to a law enforcement agency request for geolocation information made under this section.
(d)?A provider of electronic communications services or an officer, an employee, or an agent of a provider of electronic communications services that provides geolocation information to a law enforcement agency while responding to a request for geolocation information made under this section is not liable for civil damages arising from:
(1)?the provision of the geolocation information if the provision of the information is done in compliance with this section; ?or
(2)?any loss, damage, or other injury to person or property resulting from a disruption or loss of communications services during an emergency situation.
(e)?A provider of electronic communications services used by an electronic device that is qualified or registered to do business in Indiana and a person that resells or otherwise makes available the electronic communications services of the provider in Indiana shall submit emergency contact information to the state police department to facilitate a request for geolocation information made by a law enforcement agency under this section. ?The emergency contact information must be submitted to the state police department:
(1)?before January 1, 2017, and before January 1 of each year thereafter; ?and
(2)?as soon as possible any time a change occurs to the emergency contact information most recently submitted to the state police department.
(f)?The state police department shall:
(1)?maintain the emergency contact information submitted to the state police department under subsection (e); ?and
(2)?make the information immediately available to a state or local law enforcement agency.
(g)?The superintendent of the state police department may adopt rules under IC 4-22-2 necessary to implement this section.
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-33-5-15 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-33-5-15.html
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