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REFERENCE TITLE: missing children; emergency information requests |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2854 |
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Introduced by Representative Blackman
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AN ACT
amending title 8, chapter 5, article 1, Arizona Revised Statutes, by adding section 8-902; relating to missing children.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The chapter heading of title 8, chapter 5, Arizona Revised Statutes, is changed from "missing children reporting" to "missing children".
Sec. 2. Title 8, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 8-902, to read:
8-902. Missing minor child; emergency access to limited electronic information; affidavit; covered service provider disclosure; enforcement; violation; classification; definitions
A. A parent of a missing minor child may make an emergency request for information to help locate the missing minor child and may submit directly to a law enforcement agency or a covered service provider a sworn affidavit stating that:
1. The parent has lawful custody of the missing minor child.
2. The missing minor child's location is not known.
3. The missing minor child is believed to be in imminent danger.
4. The requested information is reasonably necessary to assist in locating the missing minor child.
B. On receipt of a valid affidavit, a covered service provider shall disclose information that is reasonably necessary to assist in locating the missing minor child, including:
1. The most recent known device location data.
2. Any subscriber and account information that is associated with the device used by the missing minor child.
3. The date and time of the most recent network activity.
C. Subsection B of this section does not authorize the disclosure of the contents of communications.
D. A covered service provider shall respond to a valid emergency request under this section within two hours after receiving the request, unless compliance is technically infeasible.
E. This section shall be construed in a manner consistent with 18 United States Code section 2702(b)(8) and (c)(4). This section may not be interpreted to:
1. Require a warrant or court order for disclosures that are authorized under federal emergency provisions.
2. Limit the ability of a covered service provider to rely on a good faith belief that an emergency exists.
3. Prohibit a covered service provider from disclosing information when delay would increase the risk of death or serious physical injury to the missing minor child.
F. A covered service provider may rely on a sworn affidavit that is submitted by a parent with lawful custody as a sufficient basis to form a good faith belief that an emergency exists, regardless of whether the request is submitted by law enforcement.
G. A covered service provider that, in good faith, discloses information pursuant to this section is immune from civil liability, criminal liability and administrative sanctions arising from the disclosure, including claims based on privacy, confidentiality or customer agreement provisions.
H. This section does not authorize any of the following:
1. Access to the contents of communications.
2. Real-time interception or monitoring of communications.
3. Continuous or ongoing tracking of a device beyond the emergency period.
4. Disclosure for purposes unrelated to locating a missing minor child.
I. Within forty-eight hours after a covered service provider discloses information pursuant to this section, the requesting parent or assisting law enforcement agency shall submit the affidavit to the superior court for review.
J. A Law enforcement agency that receives an affidavit under this section shall assist in facilitating emergency disclosure requests and coordinating response efforts.
K. This section does not limit or replace the authority of a law enforcement agency to request emergency disclosures under federal or state law. Requests initiated by parents under this section supplement and do not supplant a law enforcement response.
L. The attorney general may bring a civil action to enforce this section and may seek injunctive relief or civil penalties for wilfull noncompliance by a covered service provider.
M. This section applies only to emergency situations involving missing minor children and does not expand general parental access to electronic communications or authorize routine surveillance.
N. A person who knowingly submits a false affidavit under this section is a class 1 misdemeanor.
O. For the purposes of this section:
1. "Covered service provider" means a telecommunications carrier, wireless service provider or internet service provider or any entity that collects, maintains or processes electronic subscriber information or device location data.
2. "Imminent danger”:
(a) Means circumstances that create a substantial risk of death or serious physical injury to a missing minor child.
(b) Includes:
(i) Evidence or indicators of coercion, trafficking or exploitation.
(ii) Sudden loss of communication inconsistent with the missing minor child's age or history.
(iii) Medical, developmental or mental health vulnerabilities.
(iv) Exposure to hazardous weather, terrain or environmental conditions.
(v) Any other circumstance that reasonably indicates a risk of serious harm.
3. "Missing minor child" means a person who is under eighteen years of age, whose whereabouts are unknown and whose absence is inconsistent with the missing minor child's age, behavior or circumstances.
4. "Parent" means a biological parent, adoptive parent or legal guardian with lawful custody of a minor child.