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Senate adopts amendment narrowing police access to wireless call‑location data before sending House bill back to the House
Summary
Senators approved an amendment limiting law enforcement requests for mobile‑carrier location data to the phone of a person 'reason to believe is in need of service' and requiring imminent risk of death or serious bodily injury; First Substitute HB 104 passed the Senate 24‑0 and was returned to the House.
Senators debated and amended First Substitute House Bill 104, a measure authorizing law enforcement to request wireless carriers for location information. Senator Madsen explained an amendment he described as 'friendly' that preserves law enforcement’s ability to assist in emergency cases (for example, kidnappings) while narrowing the scope of requests.
Key changes adopted on the floor include limiting carrier requests to the phone of the person believed to be at risk and qualifying the risk language to require an imminent risk of death or serious bodily injury. The amendment also replaced wording to use 'response' in a drafting correction.
Senator Davis supported the amendment, citing a kidnapping example: when a signal from a child's cell phone was picked up in a past case, faster response could have saved a life. After debate and adoption of the amendment, Senator Davis moved the bill for final passage.
A roll‑call vote followed. The Clerk recorded First Substitute HB 104 as having received 24 yay votes, 0 nay votes and 5 absent; the bill passed and will be sent to the House for consideration.
What happens next: The bill as amended will be transmitted to the House for its consideration; sponsors said the changes were intended to preserve necessary emergency tools while adding clearer limits to protect privacy.
