HB5 Alabama 2017 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Tommy Hanes
Republican
Session: Regular Session 2017
Title: Taxation, check-off contribution to State Park Division of the Dept. of Conservation and Natural Resources, Dept. of Mental Health or the Alabama Medicaid Agency, Sec. 40-18-140 am'd.
Summary: HB5, known as the Kelsey Smith Act, requires wireless providers to share a user’s location with law enforcement in emergencies.
What This Bill Does
Requires a wireless provider to provide call location information to an on-duty law enforcement officer when there is an emergency involving risk of death or serious harm, as soon as practicable after a proper request. Providers may voluntarily establish disclosure protocols and are immune from civil or criminal liability for disclosures made under this act. Allows officers to obtain location data no matter where the device is located (including outside Alabama), and requires the Alabama State Law Enforcement Agency to collect provider contact information and share it with state and local agencies; all requests must be documented and kept as a permanent record.

Who It Affects
Wireless communications service providers: must disclose call location information to law enforcement in emergencies, may establish voluntary disclosure protocols, and are protected from liability when acting under the act.
Law enforcement agencies and officers: empowered to request and obtain call location information during emergencies, including when the device is located outside Alabama, with documentation requirements.
Individuals using wireless devices in Alabama: their location data could be accessed by law enforcement in emergencies under this act.

Key Provisions
Creates the Kelsey Smith Act (HB5) to require disclosure of call location information to law enforcement during emergencies.
Requires an on-duty law enforcement officer to demonstrate an emergency exists and to request location data; data provided as soon as practicable.
Wireless providers may set voluntary disclosure protocols and are immune from civil or criminal liability for disclosures made under the act.
Allows officers to monitor or obtain location data from wireless providers regardless of the device’s location, including outside Alabama, subject to federal law.
Alabama State Law Enforcement Agency must obtain contact information from all wireless providers and share it with state and local agencies to facilitate requests.
Open records rules apply only to the officer’s name and date of the request and only after investigation/prosecution; requests are to be documented and kept as a permanent record.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Taxation