National Police Association Backs Federal Kelsey Smith Act

Kelsey Smith was abducted from an Overland Park, Kansas, parking lot seventeen years ago. Despite clear surveillance evidence, police struggled to obtain location data from the victim's service provider, which demanded a subpoena. By the time the paperwork cleared four days later, investigators found Smith’s body across the state line in Missouri.

While 31 states have since passed laws requiring carriers to expedite data disclosure during emergencies, the current legislative landscape remains fragmented. Rep. Derek Schmidt introduced the Kelsey Smith Act to bridge these state-level gaps, ensuring law enforcement can access real-time location data when a user faces imminent threat of death or serious harm. The bill mandates that providers act without delay, provided authorities have made reasonable efforts to secure consent or demonstrate an urgent need.

"Time is critical in life-or-death situations, and obtaining subpoenas usually takes time," said Paula Fitzsimmons, the association's legislative director. By establishing a uniform national standard, the bill intends to strip away carrier discretion and streamline responses for interstate cases where jurisdictional boundaries currently impede rapid action. The proposal is now before the House Judiciary Committee.