May 26, 2013

Father of Kelsey Smith speaks about signing of law bearing her name (AUDIO)

Governor Jay Nixon’s signature on a law to help law enforcement find the cell phones of missing persons is a welcome sight to a Kansas father.

Kelsey Smith stands between her mother, Missey, and her father, Greg, who lobbied in Missouri for the passage of the law bearing her name.

Kansas state representative Greg Smith and his wife lobbied in Missouri for the fourth time, this year, for the passage of the law named for their daughter, Kelsey, who was kidnapped and murdered in 2007.

For four days while Kelsey was missing, her cell phone service provider would not give law enforcement information on the location of her phone. Once they released that information, it took only 45 minutes to find her body.

Kelsey’s Law requires cell phone providers to share location information for a missing person’s cell phone with a law enforcement agency, when that agency makes the determination that missing person is in danger.

Smith says he knows this law will save lives. He says in other states, it already has.

“There have been cases where someone may have gone missing, say, due to Alzheimer’s or dementia. They wandered off but they had a cell phone and law enforcement was able to utilize the technology to find that person before any harm could come to them. We know of a stroke victim that was unable to speak but he could continually dial his home phone number from his cell phone. That was the only thing he could remember to do and that was enough and law enforcement used the Kelsey Smith Act and they were able to find this gentlemen and get him to a hospital.”

See our earlier story on the legislation, HB 1108.

Missouri becomes the eighth state to enact Kelsey’s Law. Smith says there is an effort to pass the law at the federal level as well, and Alberta, Canada is also close to passing it.

Smith says he see this law, and the lives it saves, as a legacy for Kelsey. “I’d take it all back to have Kelsey back, but the fact that we’ve done something … that she’s done something to keep other families from having to go through what we went through and what she went through … it’s nice to know that.”

AUDIO:  Mike Lear interviews Greg Smith

Bill would require ‘pings’ of missing persons’ cell phones

A House Committee has heard testimony on a bill that would clear the way for cell phone companies to provide cell phone location information to law enforcement in certain missing persons cases.

Greg and Missey Smith call the bill "Kelsey Smith's law," for their daughter (pictured).

The language of House Bill 1108 has been introduced three previous times in Missouri, and has been passed out of the House but never out of the Senate. It would require companies to locate, or “ping” a cell phone, when law enforcement requests that information in emergencies in which a missing person is in danger of serious physical injury or death. It also protects cell phone companies from being sued for providing that information under the guidelines of the bill.

Missey Smith has advocated for the bill each time. “It’s time that this gets changed.”

Missey and her husband, Greg Smith, are proponents of the bill commonly named for their daughter Kelsey, who was kidnapped from Overland Park, Kansas and found murdered in southern Jackson County in 2007.

Greg, now a legislator in Kansas, says if such language had been law then Kelsey might have been saved. “June 2, 2007 was the night she went missing and she was found four days later … Once that information was released by the cell phone company it only took forty-five minutes to recover her body.” A former police officer, he adds, “If you can get that kind of response in a missing person case, that’s just absolutely light years ahead of what we’re doing right now.”

Missey says the bill changes one component of current law. “They may turn this information over already. So, they’ve already got all of this in place. The Kelsey Smith Act, or this legislation, states they will. That’s the difference. It goes from ‘may’ to ‘shall.’”

No one testified against the bill in the hearing of the House Committee on Utilities.

Learn more about the effort to remember Kelsey, and pass the law named for her.

Missey says it is frustrating the bill has not become law yet, and its sponsor agrees.

This is the first year Representative Jeanie Lauer (R-Blue Springs) has carried the language. “We have history and tracking that shows that this legislation is great, it’s in other states and it is time for Missouri to step up to the plate.”

The bill is currently law in Kansas, Nebraska, Minnesota, New Hampshire and North Dakota. It is being considered this year in Hawaii and the Smiths say it could be taken up later this year in Massachusetts and Illinois. The Smiths says they know of two cases in the states where the law has passed in which cell phone location information has led to the safe recovery of a missing person.

Missy says she will be back in Missouri as needed to push for the bill to become law this year. “Whatever it takes to get it done.”