WASHINGTON, DC – With the U.S. House of Representatives scheduled to hold a subcommittee hearing on the Kelsey Smith Act tomorrow, U.S. Senator Pat Roberts (R-Kan.) today introduced the Senate version of the Kelsey Smith Act to aid law enforcement’s response to emergencies when a person’s life is threatened.

“The Kelsey Smith Act is commonsense legislation that makes it easier for law enforcement to find our children if the nightmare of abduction ever becomes a reality,” Roberts said. “Because the fear of legal liability is a legitimate concern, our bill provides industry and law enforcement with the necessary tools to work together to do everything they can to find a loved one in danger when seconds count, while at the same time ensuring that all citizens’ Fourth Amendment rights are protected. Thanks to the tireless advocacy of Greg and Missey Smith, Kelsey’s parents, 22 states already have the Kelsey Smith law on the books. It is past time to make this protection available to all Americans.”

On June 2, 2007, 18-year-old Kelsey Smith was abducted in broad daylight from an Overland Park, Kansas department store and murdered. The abduction was captured on the store’s security camera leaving little doubt of the emergency nature of the circumstances. Four days after she disappeared, authorities were able to locate Kelsey’s body after her wireless provider released the “ping” or “call location” information from her cell phone. Providing this information as fast as possible is critical to ensure law enforcement officials can rescue victims in imminent danger of death or serious physical harm.

The Kelsey Smith Act strengthens law enforcement’s ability to lawfully and quickly access cell phone location information, or “ping” information, when a person is abducted and their life is threatened. The bill allows wireless communication providers to provide call location information to the requesting law enforcement agencies only when responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm. 

Senator Roberts has introduced the Kelsey Smith Act in the Senate in the previous Congresses. Representative Kevin Yoder (R-Kan.), the lead sponsor in the House, reintroduced the bill in the House for the 114^th Congress.  

“What happened to Kelsey Smith was an absolute tragedy,” Rep. Yoder said. “This bill, named in her memory, will give law enforcement officials more effective tools to try and prevent horrible crimes like this from happening again. It provides a narrow emergency exception that preserves the privacy of cell phone users, but removes red tape so police can act quickly in an emergency. It strikes the right balance, which is why we’ve seen more than twenty states pass similar legislation. Senator Roberts deserves enormous credit for his work on this issue in the Senate, and I look forward to moving our bill in the House and getting this signed into law.”

Congressman Yoder’s House companion legislation, H.R. 4889, will receive a hearing in the Communications and Technology Subcommittee of the House Energy and Commerce Committee tomorrow at 10:15 AM in 2322 Rayburn House Office Building. Greg and Missey Smith will be testifying on behalf of the bill.

Representative Lynn Jenkins (R-Kan.) introduced this legislation in the 112^th Congress, and Reps. Todd Tiahrt (R-Kan.) and Dennis Moore (D-Kan.) introduced the Kelsey Smith Act in the 111^th Congress.

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