H.B. 57
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Rogers 6
6 12-20-22 7:17 PM 6
H.B. 57
1 LAW ENFORCEMENT INVESTIGATION AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ryan D. Wilcox
5 Senate Sponsor: ____________
6
7LONG TITLE
8Committee Note:
9 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
10 Legislative Vote:12 voting for0 voting against 5 absent
11General Description:
12 This bill concerns procedures and requirements related to law enforcement
13investigations.
14Highlighted Provisions:
15 This bill:
16 <creates and modifies definitions;
17 <establishes law enforcement reporting requirements for reverse-location warrants;
18 <requires the State Commission on Criminal and Juvenile Justice to receive, compile,
19and publish data concerning reverse-location warrants;
20 <provides that a law enforcement agency not in compliance with reverse-location
21warrant reporting requirements may not receive grants from the State Commission
22on Criminal and Juvenile Justice;
23 <revises law enforcement warrant notification requirements and procedures for
24certain owners of devices or information;
25 <places restrictions on and establishes procedures for law enforcement access to
26reverse-location information;
27 <requires, with a sunset provision, a specified notice for certain warrant applications;
*HB0057* H.B. 57 12-20-22 7:17 PM
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28and
29 <makes technical and conforming changes.
30Money Appropriated in this Bill:
31 None
32Other Special Clauses:
33 None
34Utah Code Sections Affected:
35AMENDS:
36 63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
37Coordination Clause, Laws of Utah 2022, Chapter 390
38 63I-2-277, as last amended by Laws of Utah 2016, Chapter 348
39 63M-7-204, as last amended by Laws of Utah 2022, Chapter 187
40 63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
41Coordination Clause, Laws of Utah 2022, Chapter 390
42 77-23c-101.2, as last amended by Laws of Utah 2019, Chapter 479 and renumbered and
43amended by Laws of Utah 2019, Chapter 362 and last amended by Coordination
44Clause, Laws of Utah 2019, Chapter 479
45 77-23c-102, as last amended by Laws of Utah 2022, Chapter 274
46 77-23c-103, as last amended by Laws of Utah 2021, Chapter 42
47 77-23c-104, as last amended by Laws of Utah 2021, Chapter 42
48ENACTS:
49 53-22-101, Utah Code Annotated 1953
50 77-23f-101, Utah Code Annotated 1953
51 77-23f-102, Utah Code Annotated 1953
52 77-23f-103, Utah Code Annotated 1953
53 77-23f-104, Utah Code Annotated 1953
54 77-23f-105, Utah Code Annotated 1953
55 77-23f-106, Utah Code Annotated 1953
56 77-23f-107, Utah Code Annotated 1953
57 77-23f-108, Utah Code Annotated 1953
58 77-23f-109, Utah Code Annotated 1953 12-20-22 7:17 PM H.B. 57
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59REPEALS:
60 77-23c-101.1, as enacted by Laws of Utah 2019, Chapter 362
61
62Be it enacted by the Legislature of the state of Utah:
63 Section 1. Section 53-22-101 is enacted to read:
64 CHAPTER 22. REPORTING REQUIREMENTS F OR REVERSE-LOCATION
65 WARRANTS
66 53-22-101. Reporting requirements for reverse-location warrants.
67 (1) As used in this section:
68 (a) "Anonymized" means the same as that term is defined in Section 77-23f-101.
69 (b) "Commission" means the State Commission on Criminal and Juvenile Justice
70created in Section 63M-7-201.
71 (c) "Electronic device" means the same as that term is defined in Section 77-23f-101.
72 (d) "Law enforcement agency" means the same as that term is defined in Section
7377-23c-101.2.
74 (e) "Reverse-location information" means the same as that term is defined in Section
7577-23f-101.
76 (f) "Reverse-location warrant" means a warrant seeking reverse-location information
77under Section 77-23f-102, 77-23f-103, or 77-23f-104.
78 (2) (a) Beginning January 1, 2024, a law enforcement agency shall annually on or
79before April 30 submit a report to the commission with the following data for the previous
80calendar year:
81 (i) the number of reverse-location warrants requested by the law enforcement agency
82under Section 77-23f-102, 77-23f-103, or 77-23f-104;
83 (ii) the number of reverse-location warrants that a court or magistrate granted after a
84request described in Subsection (2)(a)(i);
85 (iii) the number of investigations that used information obtained under a
86reverse-location warrant to investigate a crime that was not the subject of the reverse-location
87warrant;
88 (iv) the number of times reverse-location information was obtained under an exception
89listed in Section 77-23f-106; H.B. 57 12-20-22 7:17 PM
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90 (v) the warrant identification number for each warrant described under Subsection
91(2)(a)(ii) or (iii); and
92 (vi) the number of electronic devices for which anonymized electronic device data was
93obtained under each reverse-location warrant described under Subsection (2)(a)(ii).
94 (b) A law enforcement agency shall compile the report described in Subsection (2)(a)
95for each year in the standardized format developed by the commission under Subsection (4).
96 (3) If a reverse-location warrant is requested by a multijurisdictional team of law
97enforcement officers, the reporting requirement in this section is the responsibility of the
98commanding agency or governing authority of the multijurisdictional team.
99 (4) The commission shall:
100 (a) develop a standardized format for reporting the data described in Subsection (2);
101 (b) compile the data submitted under Subsection (2); and
102 (c) annually on or before August 1, publish on the commission's website a report of the
103data described in Subsection (2).
104 Section 2. Section 63A-16-1002 is amended to read:
105 63A-16-1002. Criminal justice database.
106 (1) The commission shall oversee the creation and management of a [Criminal Justice
107Database] criminal justice database for information and data required to be reported to the
108commission, organized by county, and accessible to all criminal justice agencies in the state.
109 (2) The division shall assist with the development and management of the database.
110 (3) The division, in collaboration with the commission, shall create:
111 (a) master standards and formats for information submitted to the database;
112 (b) a portal, bridge, website, or other method for reporting entities to provide the
113information;
114 (c) a master data management index or system to assist in the retrieval of information
115in the database;
116 (d) a protocol for accessing information in the database that complies with state
117privacy regulations; and
118 (e) a protocol for real-time audit capability of all data accessed through the portal by
119participating data source, data use entities, and regulators.
120 (4) Each criminal justice agency charged with reporting information to the commission 12-20-22 7:17 PM H.B. 57
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121shall provide the data or information to the database in a form prescribed by the commission.
122 (5) The database shall be the repository for the statutorily required data described in:
123 (a) Section 13-53-111, recidivism reporting requirements;
124 (b) Section 17-22-32, county jail reporting requirements;
125 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
126 (d) Section 24-4-118, forfeiture reporting requirements;
127 (e) Section 41-6a-511, courts to collect and maintain data;
128 (f) Section 53-22-101, reporting requirements for reverse-location warrants;
129 (g) Section 63M-7-214, law enforcement agency grant reporting;
130 [(g)] (h) Section 63M-7-216, prosecutorial data collection;
131 [(h)] (i) Section 64-13-21, supervision of sentenced offenders placed in community;
132 [(i)] (j) Section 64-13-25, standards for programs;
133 [(j)] (k) Section 64-13-45, department reporting requirements;
134 [(k)] (l) Section 64-13e-104, housing of state probationary inmates or state parole
135inmates;
136 [(l)] (m) Section 77-7-8.5, use of tactical groups;
137 [(m)] (n) Section 77-20-103, release data requirements;
138 [(n)] (o) Section 77-22-2.5, court orders for criminal investigations;
139 [(o)] (p) Section 78A-2-109.5, court demographics reporting; and
140 [(p)] (q) any other statutes which require the collection of specific data and the
141reporting of that data to the commission.
142 (6) The commission shall report:
143 (a) progress on the database, including creation, configuration, and data entered, to the
144Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
145 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
146Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
147Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
148Committee not later than January 16, 2023.
149 Section 3. Section 63I-2-277 is amended to read:
150 63I-2-277. Repeal dates: Title 77.
151 Subsections 77-23f-102(2)(a)(ii) and 77-23f-103(2)(a)(ii), which require a notice for H.B. 57 12-20-22 7:17 PM
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152certain reverse-location search warrant applications, are repealed January 1, 2033.
153 Section 4. Section 63M-7-204 is amended to read:
154 63M-7-204. Duties of commission.
155 (1) The State Commission on Criminal and Juvenile Justice administration shall:
156 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
157 (b) promote the communication and coordination of all criminal and juvenile justice
158agencies;
159 (c) study, evaluate, and report on the status of crime in the state and on the
160effectiveness of criminal justice policies, procedures, and programs that are directed toward the
161reduction of crime in the state;
162 (d) study, evaluate, and report on programs initiated by state and local agencies to
163address reducing recidivism, including changes in penalties and sentencing guidelines intended
164to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
165evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
166alternative to incarceration, as resources allow;
167 (e) study, evaluate, and report on policies, procedures, and programs of other
168jurisdictions which have effectively reduced crime;
169 (f) identify and promote the implementation of specific policies and programs the
170commission determines will significantly reduce crime in Utah;
171 (g) provide analysis and recommendations on all criminal and juvenile justice
172legislation, state budget, and facility requests, including program and fiscal impact on all
173components of the criminal and juvenile justice system;
174 (h) provide analysis, accountability, recommendations, and supervision for state and
175federal criminal justice grant money;
176 (i) provide public information on the criminal and juvenile justice system and give
177technical assistance to agencies or local units of government on methods to promote public
178awareness;
179 (j) promote research and program evaluation as an integral part of the criminal and
180juvenile justice system;
181 (k) provide a comprehensive criminal justice plan annually;
182 (l) review agency forecasts regarding future demands on the criminal and juvenile 12-20-22 7:17 PM H.B. 57
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183justice systems, including specific projections for secure bed space;
184 (m) promote the development of criminal and juvenile justice information systems that
185are consistent with common standards for data storage and are capable of appropriately sharing
186information with other criminal justice information systems by:
187 (i) developing and maintaining common data standards for use by all state criminal
188justice agencies;
189 (ii) annually performing audits of criminal history record information maintained by
190state criminal justice agencies to assess their accuracy, completeness, and adherence to
191standards;
192 (iii) defining and developing state and local programs and projects associated with the
193improvement of information management for law enforcement and the administration of
194justice; and
195 (iv) establishing general policies concerning criminal and juvenile justice information
196systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
197Subsection (1)(m);
198 (n) allocate and administer grants, from money made available, for approved education
199programs to help prevent the sexual exploitation of children;
200 (o) allocate and administer grants for law enforcement operations and programs related
201to reducing illegal drug activity and related criminal activity;
202 (p) request, receive, and evaluate data and recommendations collected and reported by
203agencies and contractors related to policies recommended by the commission regarding
204recidivism reduction, including the data described in Section 13-53-111 and Subsection
20562A-15-103(2)(l);
206 (q) establish and administer a performance incentive grant program that allocates funds
207appropriated by the Legislature to programs and practices implemented by counties that reduce
208recidivism and reduce the number of offenders per capita who are incarcerated;
209 (r) oversee or designate an entity to oversee the implementation of juvenile justice
210reforms;
211 (s) make rules and administer the juvenile holding room standards and juvenile jail
212standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
213pursuant to 42 U.S.C. Sec. 5633; H.B. 57 12-20-22 7:17 PM
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214 (t) allocate and administer grants, from money made available, for pilot qualifying
215education programs;
216 (u) oversee the trauma-informed justice program described in Section 63M-7-209;
217 (v) request, receive, and evaluate the aggregate data collected from prosecutorial
218agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
219and 78A-2-109.5;
220 (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
221on the progress made on each of the following goals of the Justice Reinvestment Initiative:
222 (i) ensuring oversight and accountability;
223 (ii) supporting local corrections systems;
224 (iii) improving and expanding reentry and treatment services; and
225 (iv) strengthening probation and parole supervision;
226 (x) compile a report of findings based on the data and recommendations provided
227under Section 13-53-111 and Subsection 62A-15-103(2)(n) that:
228 (i) separates the data provided under Section 13-53-111 by each residential, vocational
229and life skills program; and
230 (ii) separates the data provided under Subsection 62A-15-103(2)(n) by each mental
231health or substance use treatment program; [and]
232 (y) publish the report described in Subsection (1)(x) on the commission's website and
233annually provide the report to the Judiciary Interim Committee, the Health and Human Services
234Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
235related appropriations subcommittees[.]; and
236 (z) receive, compile, and publish on the commission's website the data provided under
237Section 53-22-101.
238 (2) If the commission designates an entity under Subsection (1)(r), the commission
239shall ensure that the membership of the entity includes representation from the three branches
240of government and, as determined by the commission, representation from relevant stakeholder
241groups across all parts of the juvenile justice system, including county representation.
242 Section 5. Section 63M-7-218 is amended to read:
243 63M-7-218. State grant requirements.
244 Beginning July 1, 2023, the commission may not award any grant of state funds to any 12-20-22 7:17 PM H.B. 57
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245entity subject to, and not in compliance with, the reporting requirements in Subsections
24663A-16-1002(5)(a) through [(o)] (p).
247 Section 6. Section 77-23c-101.2 is amended to read:
248 CHAPTER 23c. ELECTRONIC INFORMATION PRIVACY ACT
249 77-23c-101.2. Definitions.
250 As used in this chapter:
251 (1) "Electronic communication service" means a service that provides to users of the
252service the ability to send or receive wire or electronic communications.
253 (2) "Electronic device" means a device that enables access to or use of an electronic
254communication service, remote computing service, or location information service.
255 (3) (a) "Electronic information [or data]" means information or data including a sign,
256signal, writing, image, sound, or intelligence of any nature transmitted or stored in whole or in
257part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
258 (b) "Electronic information [or data]" includes the location information, stored data, or
259transmitted data of an electronic device.
260 (c) "Electronic information [or data]" does not include:
261 (i) a wire or oral communication;
262 (ii) a communication made through a tone-only paging device; or
263 (iii) electronic funds transfer information stored by a financial institution in a
264communications system used for the electronic storage and transfer of money.
265 (4) "Law enforcement agency" means:
266 (a) an entity of the state or a political subdivision of the state that exists to primarily
267prevent, detect, or prosecute crime and enforce criminal statutes or ordinances; or
268 (b) an individual or entity acting for or on behalf of an entity described in Subsection
269(4)(a).
270 (5) (a) "Location information" means [information, obtained by means of a tracking
271device, concerning the] information concerning the geographical location of an electronic
272device that, in whole or in part, is generated or derived from or obtained by the operation of an
273electronic device or the operation of a software application on an electronic device.
274 (b) "Location information" includes past, current, and future location information.
275 (6) "Location information service" means the provision of a global positioning service H.B. 57 12-20-22 7:17 PM
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276or other mapping, location, or directional information service.
277 (7) "Oral communication" means the same as that term is defined in Section 77-23a-3.
278 (8) "Remote computing service" means the provision to the public of computer storage
279or processing services by means of an electronic communications system.
280 (9) "Transmitted data" means electronic information [or data] that is transmitted
281wirelessly:
282 (a) from an electronic device to another electronic device without the use of an
283intermediate connection or relay; or
284 (b) from an electronic device to a nearby antenna or from a nearby antenna to an
285electronic device.
286 (10) "Wire communication" means the same as that term is defined in Section
28777-23a-3.
288 Section 7. Section 77-23c-102 is amended to read:
289 77-23c-102. Electronic information privacy -- Warrant required for disclosure --
290Exceptions.
291 (1) (a) Except as provided in Subsection (2) or (4), for a criminal investigation or
292prosecution, a law enforcement agency may not obtain, without a search warrant issued by a
293court upon probable cause:
294 (i) the location information, stored data, or transmitted data of an electronic device; or
295 (ii) electronic information [or data] transmitted by the owner of the electronic
296information [or data]:
297 (A) to a provider of a remote computing service; or
298 (B) through a provider of an electronic communication service.
299 (b) Except as provided in Subsection (1)(c), a law enforcement agency may not use,
300copy, or disclose, for any purpose, the location information, stored data, or transmitted data of
301an electronic device, or electronic information [or data] provided by a provider of a remote
302computing service or an electronic communication service, that:
303 (i) is not the subject of the warrant; and
304 (ii) is collected as part of an effort to obtain the location information, stored data, or
305transmitted data of an electronic device, or electronic information [or data] provided by a
306provider of a remote computing service or an electronic communication service that is the 12-20-22 7:17 PM H.B. 57
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307subject of the warrant in Subsection (1)(a).
308 (c) A law enforcement agency may use, copy, or disclose the transmitted data of an
309electronic device used to communicate with the electronic device that is the subject of the
310warrant if the law enforcement agency reasonably believes that the transmitted data is
311necessary to achieve the objective of the warrant.
312 (d) The electronic information [or data] described in Subsection (1)(b) shall be
313destroyed in an unrecoverable manner by the law enforcement agency as soon as reasonably
314possible after the electronic information [or data] is collected.
315 (2) (a) A law enforcement agency may obtain location information without a warrant
316for an electronic device:
317 (i) in accordance with Section 53-10-104.5;
318 (ii) if the device is reported stolen by the owner;
319 (iii) with the informed, affirmative consent of the owner or user of the electronic
320device;
321 (iv) in accordance with a judicially recognized exception to warrant requirements;
322 (v) if the owner has voluntarily and publicly disclosed the location information; or
323 (vi) from a provider of a remote computing service or an electronic communications
324service if the provider voluntarily discloses the location information:
325 (A) under a belief that an emergency exists involving an imminent risk to an individual
326of death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping,
327or human trafficking; or
328 (B) that is inadvertently discovered by the provider and appears to pertain to the
329commission of a felony, or of a misdemeanor involving physical violence, sexual abuse, or
330dishonesty.
331 (b) A law enforcement agency may obtain stored data or transmitted data from an
332electronic device or electronic information [or data] transmitted by the owner of the electronic
333information [or data] to a provider of a remote computing service or through a provider of an
334electronic communication service, without a warrant:
335 (i) with the informed consent of the owner of the electronic device or electronic
336information [or data];
337 (ii) in accordance with a judicially recognized exception to warrant requirements; or H.B. 57 12-20-22 7:17 PM
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338 (iii) subject to Subsection (2)(a)(vi)(B), from a provider of a remote computing service
339or an electronic communication service if the provider voluntarily discloses the stored or
340transmitted data as otherwise permitted under 18 U.S.C. Sec. 2702.
341 (c) A prosecutor may obtain a judicial order as described in Section 77-22-2.5 for the
342purposes described in Section 77-22-2.5.
343 (3) A provider of an electronic communication service or a remote computing service,
344the provider's officers, employees, or agents, or other specified persons may not be held liable
345for providing information, facilities, or assistance in good faith reliance on the terms of the
346warrant issued under this section or without a warrant in accordance with Subsection (2).
347 (4) Nothing in this chapter:
348 (a) limits or affects the disclosure of public records under Title 63G, Chapter 2,
349Government Records Access and Management Act;
350 (b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an
351administrative rule adopted under Section 63A-16-205; or
352 (c) limits the ability of a law enforcement agency to receive or use information, without
353a warrant or subpoena, from the National Center for Missing and Exploited Children under 18
354U.S.C. Sec. 2258A.
355 Section 8. Section 77-23c-103 is amended to read:
356 77-23c-103. Notification required -- Exceptions -- Delayed notification.
357 (1) (a) Except as provided in [Subsection (2), if] Subsection (1)(b) or (2), a law
358enforcement agency that executes a warrant [in accordance with] under Subsection
35977-23c-102(1) or 77-23c-104(3)[, the law enforcement agency shall notify] shall serve the
360owner of the electronic device or electronic information [or data] specified in the warrant with
361a notice described in Subsection (3):
362 (i) within 90 days after the day on which the electronic device or the electronic [data
363or] information is obtained by the law enforcement agency but in no case [shall the law
364enforcement agency notify the owner] more than three days after the day on which the
365investigation is concluded[.]; or
366 [(b) The notification described in Subsection (1)(a) shall state:]
367 [(i) that a warrant was applied for and granted;]
368 [(ii) the kind of warrant issued;] 12-20-22 7:17 PM H.B. 57
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369 [(iii) the period of time during which the collection of the electronic information or
370data was authorized;]
371 [(iv) the offense specified in the application for the warrant;]
372 [(v) the identity of the law enforcement agency that filed the application; and]
373 [(vi) the identity of the judge who issued the warrant.]
374 [(c) For the notification requirement described in Subsection (1)(a), the time period
375under Subsection (1)(a) begins on the day after the day on which the owner of the electronic
376device or electronic information or data specified in the warrant is known, or could be
377reasonably identified, by the law enforcement agency.]
378 (ii) if the owner of the electronic device or electronic information specified in the
379warrant is unknown to the law enforcement agency, within 90 days after the day on which the
380law enforcement agency identifies, or reasonably could identify, the owner.
381 (b) A law enforcement agency is not required to serve a notice described in Subsection
382(1)(a) to the owner of the electronic device or electronic information if the owner is located
383outside of the United States.
384 (2) (a) (i) A law enforcement agency seeking a warrant in accordance with Subsection
38577-23c-102(1)(a) or 77-23c-104(3) may submit a request, and the court may grant permission,
386to delay [the notification required by] service of the notice required under Subsection (1) for a
387period not to exceed 30 days, if the court determines that there is reasonable cause to believe
388that the notification may:
389 [(a)] (A) endanger the life or physical safety of an individual;
390 [(b)] (B) cause a person to flee from prosecution;
391 [(c)] (C) lead to the destruction of or tampering with evidence;
392 [(d)] (D) intimidate a potential witness; or
393 [(e)] (E) otherwise seriously jeopardize an investigation or unduly delay a trial.
394 [(3)] (ii) When a delay of notification is granted under Subsection (2)(a)(i) and upon
395application by the law enforcement agency, the court may grant additional extensions of up to
39630 days each.
397 [(4) (a)] (b) (i) A law enforcement agency that seeks a warrant for an electronic device
398or electronic information [or data] in accordance with Subsection 77-23c-102(1)(a) or
39977-23c-104(3) may submit a request to the court, and the court may grant permission, to delay H.B. 57 12-20-22 7:17 PM
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400[a notification under Subsection (2)] service of the notice required under Subsection (1), if the
401purpose of delaying the notification is to apprehend an individual:
402 [(i)] (A) who is a fugitive from justice under Section 77-30-13; and
403 [(ii)] (B) for whom an arrest warrant has been issued for a violent felony offense as
404defined in Section 76-3-203.5.
405 [(b)] (ii) (A) The court may grant the request under Subsection [(4)(a)] (2)(b)(i) to
406delay notification until the individual who is a fugitive from justice under Section 77-30-13 is
407apprehended by the law enforcement agency.
408 [(c)] (B) A law enforcement agency shall [issue a notification described in Subsection
409(5)] serve the notice required under Subsection (1) to the owner of the electronic device or
410electronic information [or data] within 14 days after the day on which the law enforcement
411agency apprehends the individual described in Subsection [(4)(a)] (2)(b)(i).
412 [(5) Upon expiration of the period of delayed notification granted under Subsection (2)
413or (3), or upon the apprehension of an individual described in Subsection (4)(a), the law
414enforcement agency shall serve upon or deliver by first-class mail, or by other means if
415delivery is impracticable, to the owner of the electronic device or electronic information or data
416a copy of the warrant together with notice that:]
417 [(a) states with reasonable specificity the nature of the law enforcement inquiry; and]
418 [(b) contains:]
419 [(i) the information described in Subsection (1)(b);]
420 [(ii) a statement that notification of the search was delayed;]
421 [(iii) the name of the court that authorized the delay of notification; and]
422 [(iv) a reference to the provision of this chapter that allowed the delay of notification.]
423 [(6) A law enforcement agency is not required to notify the owner of the electronic
424device or electronic information or data if the owner is located outside of the United States.]
425 (3) A notice required under Subsection (1) shall include:
426 (a) a copy of the warrant; and
427 (b) a written statement identifying:
428 (i) the offense specified in the warrant application;
429 (ii) the identity of the law enforcement agency that filed the application;
430 (iii) the date on which the electronic information was obtained; and 12-20-22 7:17 PM H.B. 57
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431 (iv) the number and length of any authorized delays in serving the notice required
432under Subsection (1), including, if applicable, the name of the court that authorized the delay
433and a reference to the provision of this chapter that permitted the delay.
434 (4) A law enforcement agency shall serve the notice required under Subsection (1) to
435the owner of the electronic device or electronic information by:
436 (a) personal service on the owner;
437 (b) first-class mail to the owner's last-known address; or
438 (c) other reasonable means if the owner's last-known address is unknown.
439 Section 9. Section 77-23c-104 is amended to read:
440 77-23c-104. Third-party electronic information.
441 (1) As used in this section, "subscriber record" means a record or information of a
442provider of an electronic communication service or remote computing service that reveals the
443subscriber's or customer's:
444 (a) name;
445 (b) address;
446 (c) local and long distance telephone connection record, or record of session time and
447duration;
448 (d) length of service, including the start date;
449 (e) type of service used;
450 (f) telephone number, instrument number, or other subscriber or customer number or
451identification, including a temporarily assigned network address; and
452 (g) means and source of payment for the service, including a credit card or bank
453account number.
454 (2) Except as provided in Chapter 22, Subpoena Powers for Aid of Criminal
455Investigation and Grants of Immunity or Section 77-23f-105, a law enforcement agency may
456not obtain, use, copy, or disclose a subscriber record.
457 (3) A law enforcement agency may not obtain, use, copy, or disclose, for a criminal
458investigation or prosecution, any record or information, other than a subscriber record, of a
459provider of an electronic communication service or remote computing service related to a
460subscriber or customer without a warrant.
461 (4) Notwithstanding Subsections (2) and (3), a law enforcement agency may obtain, H.B. 57 12-20-22 7:17 PM
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462use, copy, or disclose a subscriber record, or other record or information related to a subscriber
463or customer, without an investigative subpoena or a warrant:
464 (a) with the informed, affirmed consent of the subscriber or customer;
465 (b) in accordance with a judicially recognized exception to warrant requirements;
466 (c) if the subscriber or customer voluntarily discloses the record in a manner that is
467publicly accessible; or
468 (d) if the provider of an electronic communication service or remote computing service
469voluntarily discloses the record:
470 (i) under a belief that an emergency exists involving the imminent risk to an individual
471of:
472 (A) death;
473 (B) serious physical injury;
474 (C) sexual abuse;
475 (D) live-streamed sexual exploitation;
476 (E) kidnapping; or
477 (F) human trafficking;
478 (ii) that is inadvertently discovered by the provider, if the record appears to pertain to
479the commission of:
480 (A) a felony; or
481 (B) a misdemeanor involving physical violence, sexual abuse, or dishonesty; or
482 (iii) subject to Subsection 77-23c-104(4)(d)(ii), as otherwise permitted under 18 U.S.C.
483Sec. 2702.
484 (5) A provider of an electronic communication service or remote computing service, or
485the provider's officers, employees, agents, or other specified persons may not be held liable for
486providing information, facilities, or assistance in good faith reliance on the terms of a warrant
487issued under this section, or without a warrant in accordance with Subsection (3).
488 Section 10. Section 77-23f-101 is enacted to read:
489 CHAPTER 23f. ACCESS TO REVERSE-LOCATION INF ORMATION
490 77-23f-101. Definitions.
491 As used in this chapter:
492 (1) "Anonymized" means that the identifying information connected to an electronic 12-20-22 7:17 PM H.B. 57
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493device has been rendered anonymous in a manner such that the subject, including an
494individual, household, device, or Internet protocol address, is not identifiable to a law
495enforcement agency.
496 (2) "Cell site" means transmission or reception equipment, including a base-station
497antenna, that connects an electronic device to a network.
498 (3) "Cell site record" means the cell site location information of an electronic device
499that corresponds to a specific cell site and time frame.
500 (4) "Electronic device" means a device that enables access to or use of a location
501information service or can otherwise create or provide location information.
502 (5) "Geofence" means a specified geographic area defined by a virtual perimeter or
503geographic coordinates.
504 (6) "Identifying information" means information tied to an electronic device that
505identifies the user's or owner's:
506 (a) name;
507 (b) address;
508 (c) phone number;
509 (d) email; or
510 (e) other identifying information that would identify the owner or user of the electronic
511device.
512 (7) "Law enforcement agency" means the same as that term is defined in Section
51377-23c-101.2.
514 (8) "Location information" means the same as that term is defined in Section
51577-23c-101.2.
516 (9) "Reverse-location information" means historical location information for:
517 (a) a defined time period;
518 (b) a defined or undefined area; and
519 (c) a defined or undefined number of electronic devices, for which the identities of the
520owners or users of the electronic devices are unknown to law enforcement.
521 Section 11. Section 77-23f-102 is enacted to read:
522 77-23f-102. Obtaining reverse-location information within a geofence -- Warrant
523required for disclosure -- Procedure. H.B. 57 12-20-22 7:17 PM
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524 (1) Except as provided in Section 77-23f-106, for a criminal investigation or
525prosecution, a law enforcement agency may not obtain reverse-location information for
526electronic devices within a geofence unless:
527 (a) the law enforcement agency obtains a search warrant as provided under this section;
528and
529 (b) (i) the investigation or prosecution involves:
530 (A) a felony;
531 (B) a class A misdemeanor that involves harm or a risk of harm to a person, the wanton
532destruction of a trophy animal or protected wildlife, or is part of a pattern of criminal activity;
533or
534 (C) a class B misdemeanor that involves harm or a risk of harm to a person, the wanton
535destruction of a trophy animal or protected wildlife, or is part of a pattern of criminal activity;
536or
537 (ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public
538safety.
539 (2) To obtain reverse-location information inside of a geofence, a law enforcement
540agency shall:
541 (a) include with the sworn warrant application:
542 (i) a map or other visual depiction that represents the geofence for which the warrant is
543seeking information; and
544 (ii) the following language at the beginning of the application in a legible font no
545smaller than other text appearing in the application:
546 "NOTICE: This warrant application seeks judicial authorization for the disclosure of
547reverse-location information of electronic devices near a crime at or near the time of the crime.
548If authorized, the warrant allows law enforcement to obtain historical location information of
549all devices within the area described in the warrant during the specified time from entities in
550possession of the relevant data. The electronic devices captured in the warrant may be owned
551or used by both alleged criminal perpetrators and individuals not involved in the commission of
552a crime. For this reason, any warrant issued must require the anonymization of all devices
553associated with the reverse-location information."; and
554 (b) establish probable cause to believe that evidence of a crime will be found within the 12-20-22 7:17 PM H.B. 57
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555geofence and within a specified period of time.
556 (3) If a court grants a warrant under Subsection (2), the court shall require that all
557electronic device data provided pursuant to the warrant be anonymized before the
558reverse-location information is released to the law enforcement agency.
559 Section 12. Section 77-23f-103 is enacted to read:
560 77-23f-103. Obtaining reverse-location information based on cell site records --
561Warrant required for disclosure -- Procedure.
562 (1) Except as provided in Section 77-23f-106, for a criminal investigation or
563prosecution, a law enforcement agency may not obtain reverse-location information based on
564cell site records unless:
565 (a) the law enforcement agency obtains a search warrant as provided under this section;
566and
567 (b) (i) the investigation or prosecution involves:
568 (A) a felony;
569 (B) a class A misdemeanor that involves harm or risk of harm to a person, the wanton
570destruction of a trophy animal or protected wildlife, or is part of a pattern of criminal activity;
571or
572 (C) a class B misdemeanor that involves harm or risk of harm to a person, the wanton
573destruction of a trophy animal or protected wildlife, or is part of a pattern of criminal activity;
574or
575 (ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public
576safety.
577 (2) To obtain cell-site based reverse-location information, a law enforcement agency
578shall:
579 (a) include with the sworn warrant application:
580 (i) a visual depiction or written description that identifies:
581 (A) the crime scene location and any other areas of interest related to the crime;
582 (B) the location of cell sites from which the reverse-location information is sought; and
583 (C) the distance between the locations described in Subsections (2)(a)(i)(A) and (B);
584and
585 (ii) the following language at the beginning of the application in a legible font no H.B. 57 12-20-22 7:17 PM
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586smaller than other text appearing in the application:
587 "NOTICE: This warrant application seeks judicial authorization for the disclosure of
588reverse-location information of electronic devices near a crime at or near the time of the crime.
589If authorized, the warrant allows law enforcement to obtain historical location information of
590all devices within the area described in the warrant during the specified time from entities in
591possession of the relevant data. The electronic devices captured in the warrant may be owned
592or used by both alleged criminal perpetrators and individuals not involved in the commission of
593a crime. For this reason, any warrant issued must require the anonymization of all devices
594associated with the reverse-location information."; and
595 (b) establish probable cause to believe that evidence of a crime will be found within the
596cell site records described in Subsection (2)(a)(i) and within a specified period of time.
597 (3) If a court grants a warrant under Subsection (2), the court shall require that all
598electronic device data provided pursuant to the warrant be anonymized before the
599reverse-location information is released to the law enforcement agency.
600 Section 13. Section 77-23f-104 is enacted to read:
601 77-23f-104. Obtaining additional reverse-location information -- Warrant
602required for disclosure -- Procedure.
603 (1) If, after executing a warrant described in Section 77-23f-102 or 77-23f-103, a law
604enforcement agency seeks to obtain reverse-location information beyond the parameters of the
605warrant obtained under Section 77-23f-102 or 77-23f-103, the law enforcement agency shall:
606 (a) include in the sworn warrant application the specific electronic devices identified in
607the anonymized data for which the law enforcement agency seeks additional reverse-location
608information;
609 (b) establish probable cause to believe that evidence of a crime will be found within a
610specified period of time; and
611 (c) affirm that the crime described in Subsection (1)(b) is:
612 (i) the same crime or directly related to the crime that was the subject of the warrant
613obtained under Section 77-23f-102 or 77-23f-103; or
614 (ii) a crime subject to the judicially recognized plain view exception to the warrant
615requirement.
616 (2) If a court grants a warrant under Subsection (1), the court shall require that all 12-20-22 7:17 PM H.B. 57
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617electronic device data provided pursuant to the warrant be anonymized before the
618reverse-location information is released to the law enforcement agency.
619 Section 14. Section 77-23f-105 is enacted to read:
620 77-23f-105. Obtaining identifying information connected to reverse-location
621information -- Warrant required for disclosure -- Procedure.
622 To obtain identifying information for an electronic device identified pursuant to a
623warrant obtained under Section 77-23f-102, 77-23f-103, or 77-23f-104, a law enforcement
624agency shall establish in the sworn warrant application probable cause to believe that the
625electronic device was used or otherwise implicated in a crime.
626 Section 15. Section 77-23f-106 is enacted to read:
627 77-23f-106. Exceptions to reverse-location warrant requirements.
628 (1) Notwithstanding any other provision in this chapter, a law enforcement agency may
629obtain reverse-location information without a warrant:
630 (a) in accordance with Section 53-10-104.5; or
631 (b) in accordance with a judicially recognized exception to warrant requirements.
632 (2) Nothing in this chapter:
633 (a) limits or affects the disclosure of public records under Title 63G, Chapter 2,
634Government Records Access and Management Act;
635 (b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an
636administrative rule adopted under Section 63A-16-205; or
637 (c) limits the ability of a law enforcement agency to receive or use information, without
638a warrant or subpoena, from the National Center for Missing and Exploited Children under 18
639U.S.C. Sec. 2258A.
640 Section 16. Section 77-23f-107 is enacted to read:
641 77-23f-107. Use, disclosure, and destruction of reverse-location information --
642Anonymization.
643 (1) (a) A law enforcement agency may not use, copy, or disclose, for any purpose,
644reverse-location information obtained under a warrant under Section 77-23f-102, 77-23f-103,
645or 77-23f-104 that:
646 (i) is not related to the crime that is the subject of the warrant; and
647 (ii) is collected as part of an effort to obtain the reverse-location information of an H.B. 57 12-20-22 7:17 PM
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648electronic device that is related to the crime that is the subject of the warrant obtained under
649Section 77-23f-102, 77-23f-103, or 77-23f-104.
650 (b) The law enforcement agency shall destroy in an unrecoverable manner the
651reverse-location information described in Subsection (1)(a) as soon as reasonably possible after
652the criminal case is declined for prosecution or, if criminal charges are filed, the final
653disposition of the criminal case.
654 (2) (a) Reverse-location information obtained under Section 77-23f-102, 77-23f-103,
655or 77-23f-104 may not be:
656 (i) compared with, merged with, linked to, or in any way electronically or otherwise
657connected to a source of electronic data, including a database or file, containing one or more
658points of data that includes the location information provided by an electronic device; or
659 (ii) used in any other criminal investigation or prosecution.
660 (b) Subsection (2)(a)(i) does not apply if all the electronic data, including the
661reverse-location information, is obtained for the purpose of investigating the same criminal
662incident.
663 (3) A person or entity that provides reverse-location information under this chapter
664shall ensure that the reverse-location information is anonymized before the reverse-location
665information is provided to a law enforcement agency.
666 Section 17. Section 77-23f-108 is enacted to read:
667 77-23f-108. Notifications required -- Exceptions --Delayed notification.
668 (1) (a) Except as provided in Subsection (1)(b) or (2), a law enforcement agency that
669executes a warrant under Section 77-23f-105 shall serve a notice described in Subsection (3) on
670the owner of the electronic device for which identifying information was obtained:
671 (i) within 90 days after the day on which the identifying information is obtained by the
672law enforcement agency, but in no case more than three days after the day on which the
673investigation is concluded; or
674 (ii) if the owner of the electronic device for which the identifying information specified
675in the warrant is unknown to the law enforcement agency, within 90 days after the day on
676which the law enforcement agency identifies, or reasonably could identify, the owner.
677 (b) A law enforcement agency is not required to serve a notice described in Subsection
678(1)(a) to the owner of the electronic device for which identifying information was obtained if 12-20-22 7:17 PM H.B. 57
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679the owner is located outside of the United States.
680 (2) (a) (i) A law enforcement agency seeking a warrant in accordance with Section
68177-23f-105 may submit a request, and the court may grant permission, to delay service of the
682notice required under Subsection (1) for a period not to exceed 30 days, if the court determines
683that there is reasonable cause to believe that the notification may:
684 (A) endanger the life or physical safety of an individual;
685 (B) cause a person to flee from prosecution;
686 (C) lead to the destruction of or tampering with evidence;
687 (D) intimidate a potential witness; or
688 (E) otherwise seriously jeopardize an investigation or unduly delay a trial.
689 (ii) When a delay of notification is granted under Subsection (2)(a)(i) and upon
690application by the law enforcement agency, the court may grant additional extensions of up to
69130 days each.
692 (b) (i) A law enforcement agency that seeks a warrant in accordance with Section
69377-23f-105 may submit a request to the court, and the court may grant permission, to delay
694service of the notice required under Subsection (1), if the purpose of delaying the notification is
695to apprehend an individual:
696 (A) who is a fugitive from justice under Section 77-30-13; and
697 (B) for whom an arrest warrant has been issued for a violent felony offense as defined
698in Section 76-3-203.5.
699 (ii) (A) The court may grant the request under Subsection (2)(b)(i) to delay notification
700until the individual who is a fugitive from justice under Section 77-30-13 is apprehended by
701the law enforcement agency.
702 (B) A law enforcement agency shall service the notice required under Subsection (1) to
703the owner of the electronic device within 14 days after the day on which the law enforcement
704agency apprehends the individual described in Subsection (2)(b)(i).
705 (3) A notice required under Subsection (1) shall include:
706 (a) a copy of the warrant; and
707 (b) a written statement identifying:
708 (i) the offense specified in the warrant application;
709 (ii) the identity of the law enforcement agency that filed the application; H.B. 57 12-20-22 7:17 PM
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710 (iii) the date on which the location information or identifying information was
711obtained; and
712 (iv) the number and length of any authorized delays in serving the notice required
713under Subsection (1), including, if applicable, the name of the court that authorized the delay
714and a reference to the provision of this chapter that permitted the delay.
715 (4) A law enforcement agency shall serve the notice required under Subsection (1) to
716the owner of the electronic device by:
717 (a) personal service on the owner;
718 (b) first-class mail to the owner's last-known address; or
719 (c) other reasonable means if the owner's last-known address is unknown.
720 Section 18. Section 77-23f-109 is enacted to read:
721 77-23f-109. Exclusion of records.
722 Reverse-location information or identifying information obtained in violation of the
723provisions of this chapter shall be subject to the rules governing exclusion as if the records
724were obtained in violation of the Fourth Amendment to the United States Constitution and
725Utah Constitution, Article I, Section 14.
726 Section 19. Repealer.
727 This bill repeals:
728 Section 77-23c-101.1, Title.