The Lead Off
- A bipartisan bill in the Ohio House would allow emergency access to a missing person’s cell phone location without a court order in life-threatening cases.
- The proposal, known as the Kelsey Smith Act, is named after an 18-year-old abducted in Kansas whose case helped inspire the legislation.
- Supporters say the measure is intended to speed up law enforcement response when someone is in immediate danger.
CLEVELAND, OHIO (WOWO) A bipartisan bill in the Ohio House would allow law enforcement to obtain a missing person’s cell phone location from a telecommunications company without a court order when that person’s life is in immediate danger.
Under current Ohio law, police must receive approval from a judge before a cell phone carrier can release location data. The proposed legislation would remove that requirement in specific emergencies involving imminent risk of death or serious physical injury according to WOIO..
Bill would allow emergency access to location data
The measure, House Bill 677, is known as the Kelsey Smith Act. It would permit law enforcement to request a missing person’s cell phone location directly from telecommunications providers when officials determine the person is in immediate danger.
The bill defines qualifying situations as those involving “danger of death or serious physical injury,” according to lawmakers involved in the proposal.
In addition to emergency location access, the legislation includes several additional public safety provisions:
- Codifying Ohio’s “Endangered Missing Child Alert” procedures into state law
- Requiring automatic notification to law enforcement agencies when an alert is issued
- Increasing penalties for alleged interference in custody cases involving removal of a child from the country
- Requiring custody interference arrest warrants to be entered into state and national databases for broader enforcement reach
Lawmakers cite Kelsey Smith case
The bill is named after Kelsey Smith, who was 18 years old when she was abducted from a shopping center in Kansas shortly after graduating high school.
State Rep. Eric Synenberg said during legislative discussion that law enforcement and family members knew Smith had her phone, but providers did not immediately release location information.
“They said, oh, you have to go through the normal process, get a subpoena, et cetera, et cetera. It took four days for that to happen,” Synenberg said.
He added, “The tragic part of the case is that once they had that information, four days later, they were able to locate her then dead body within 45 minutes.”
Synenberg said the intent of the bill is to reduce delays in similar emergencies.
“So every minute matters, and there’s no reason that in this limited case, we shouldn’t use the technology we have available to us with cell phones and location and tracking and location information and be able to find a victim as soon as we possibly can when they’re abducted,” he said.
Bipartisan sponsorship and legislative support
The legislation is jointly sponsored by Synenberg and state Rep. Cindy Abrams, who chairs the Ohio House Public Safety Committee.
Lawmakers said the proposal was originally brought forward by a constituent and later incorporated into legislation introduced in January 2025.
Synenberg said the bill includes recommendations drawn from Ohio’s Missing Persons Working Group, convened by Gov. Mike DeWine in 2025.
According to sponsors, the bill reflects portions of 18 recommendations issued by that working group.
Legislative status and national context
Synenberg said the Kelsey Smith Act has been enacted in 31 other states. He also said Ohio has not seen significant opposition during committee testimony so far, though some members have raised questions about potential misuse.
The bill has passed through initial discussions but is currently on hold while the Ohio House is in summer recess.
Separately, a federal version of the Kelsey Smith Act has been introduced in the U.S. House of Representatives but has not advanced significantly.
Next steps in the legislative process
Lawmakers are expected to revisit House Bill 677 when the Ohio House reconvenes in the fall session. If it advances, the measure would move through additional committee votes and floor consideration before potentially heading to the Ohio Senate.
Sponsors say they plan to continue addressing concerns raised by lawmakers during the interim period before formal voting resumes.
The Takeaway
- The Ohio House is considering House Bill 677, which would allow emergency access to a missing person’s cell phone location without a court order when law enforcement determines there is an immediate threat to life or safety.
- The legislation, known as the Kelsey Smith Act, is named after an 18-year-old Kansas victim whose case is frequently cited by supporters as an example of delays in accessing critical location data during abductions.
- Bipartisan sponsors, including Rep. Eric Synenberg and Rep. Cindy Abrams, say the bill builds on state working group recommendations and aims to speed up law enforcement response in time-sensitive missing persons cases, with further action expected when lawmakers return in the fall.
