Utah 2023 Regular Session

Utah House Bill HB0057 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 57
	1	+	1st Sub. H.B. 57
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: J. Rogers 6
	4	+	6 01-24-23 7:52 AM 6
	5	+	H.B. 57
	6	+	1st Sub. (Buff)
	7	+	Representative Ryan D. Wilcox proposes the following substitute bill:
2	8		1 LAW ENFORCEMENT INVESTIGATION AMENDMENTS
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: Ryan D. Wilcox
6	12		5 Senate Sponsor: Todd D. Weiler
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill concerns procedures and requirements related to law enforcement
11	17		10investigations.
12	18		11Highlighted Provisions:
13	19		12 This bill:
14	20		13 <creates and modifies definitions;
15	21		14 <establishes law enforcement reporting requirements for reverse-location warrants;
16	22		15 <requires the State Commission on Criminal and Juvenile Justice to receive, compile,
17	23		16and publish data concerning reverse-location warrants;
18	24		17 <provides that a law enforcement agency not in compliance with reverse-location
19	25		18warrant reporting requirements may not receive grants from the State Commission
20	26		19on Criminal and Juvenile Justice;
21	27		20 <revises law enforcement warrant notification requirements and procedures for
22	28		21certain owners of devices or information;
23	29		22 <places restrictions on and establishes procedures for law enforcement access to
24	30		23reverse-location information;
25	31		24 <requires, with a sunset provision, a specified notice for certain warrant applications;
26	32		25and
	33	+	HB0057S01 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	34	+	- 2 -
27	35		26 <makes technical and conforming changes.
28	36		27Money Appropriated in this Bill:
29		-	28 None H.B. 57
30		-	Enrolled Copy
31		-	- 2 -
	37	+	28 None
32	38		29Other Special Clauses:
33	39		30 None
34	40		31Utah Code Sections Affected:
35	41		32AMENDS:
36	42		33 63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
37	43		34Coordination Clause, Laws of Utah 2022, Chapter 390
38	44		35 63I-2-277, as last amended by Laws of Utah 2016, Chapter 348
39	45		36 63M-7-204, as last amended by Laws of Utah 2022, Chapter 187
40	46		37 63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
41	47		38Coordination Clause, Laws of Utah 2022, Chapter 390
42	48		39 77-23c-101.2, as last amended by Laws of Utah 2019, Chapter 479 and renumbered and
43	49		40amended by Laws of Utah 2019, Chapter 362 and last amended by Coordination
44	50		41Clause, Laws of Utah 2019, Chapter 479
45	51		42 77-23c-102, as last amended by Laws of Utah 2022, Chapter 274
46	52		43 77-23c-103, as last amended by Laws of Utah 2021, Chapter 42
47	53		44 77-23c-104, as last amended by Laws of Utah 2021, Chapter 42
48	54		45ENACTS:
49	55		46 53-22-101, Utah Code Annotated 1953
50	56		47 77-23f-101, Utah Code Annotated 1953
51	57		48 77-23f-102, Utah Code Annotated 1953
52	58		49 77-23f-103, Utah Code Annotated 1953
53	59		50 77-23f-104, Utah Code Annotated 1953
54	60		51 77-23f-105, Utah Code Annotated 1953
55	61		52 77-23f-106, Utah Code Annotated 1953
56	62		53 77-23f-107, Utah Code Annotated 1953
57	63		54 77-23f-108, Utah Code Annotated 1953
58		-	55 77-23f-109, Utah Code Annotated 1953 Enrolled Copy H.B. 57
	64	+	55 77-23f-109, Utah Code Annotated 1953
	65	+	56REPEALS: 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
59	66		- 3 -
60		-	56REPEALS:
61	67		57 77-23c-101.1, as enacted by Laws of Utah 2019, Chapter 362
62	68		58
63	69		59Be it enacted by the Legislature of the state of Utah:
64	70		60 Section 1. Section 53-22-101 is enacted to read:
65	71		61 CHAPTER 22. REPORTING REQUIREMENTS F OR REVERSE-LOCATION
66	72		62 WARRANTS
67	73		63 53-22-101. Reporting requirements for reverse-location warrants.
68	74		64 (1) As used in this section:
69	75		65 (a) "Anonymized" means the same as that term is defined in Section 77-23f-101.
70	76		66 (b) "Commission" means the State Commission on Criminal and Juvenile Justice
71	77		67created in Section 63M-7-201.
72	78		68 (c) "Electronic device" means the same as that term is defined in Section 77-23f-101.
73	79		69 (d) "Law enforcement agency" means the same as that term is defined in Section
74	80		7077-23c-101.2.
75	81		71 (e) "Reverse-location information" means the same as that term is defined in Section
76	82		7277-23f-101.
77	83		73 (f) "Reverse-location warrant" means a warrant seeking reverse-location information
78	84		74under Section 77-23f-102, 77-23f-103, or 77-23f-104.
79	85		75 (2) (a) Beginning January 1, 2024, a law enforcement agency shall annually on or
80	86		76before April 30 submit a report to the commission with the following data for the previous
81	87		77calendar year:
82	88		78 (i) the number of reverse-location warrants requested by the law enforcement agency
83	89		79under Section 77-23f-102, 77-23f-103, or 77-23f-104;
84	90		80 (ii) the number of reverse-location warrants that a court or magistrate granted after a
85	91		81request described in Subsection (2)(a)(i);
86		-	82 (iii) the number of investigations that used information obtained under a H.B. 57
87		-	Enrolled Copy
88		-	- 4 -
	92	+	82 (iii) the number of investigations that used information obtained under a
89	93		83reverse-location warrant to investigate a crime that was not the subject of the reverse-location
90	94		84warrant;
91	95		85 (iv) the number of times reverse-location information was obtained under an exception
92	96		86listed in Section 77-23f-106;
93		-	87 (v) the warrant identification number for each warrant described under Subsection
	97	+	87 (v) the warrant identification number for each warrant described under Subsection 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	98	+	- 4 -
94	99		88(2)(a)(ii) or (iii); and
95	100		89 (vi) the number of electronic devices for which anonymized electronic device data was
96	101		90obtained under each reverse-location warrant described under Subsection (2)(a)(ii).
97	102		91 (b) A law enforcement agency shall compile the report described in Subsection (2)(a)
98	103		92for each year in the standardized format developed by the commission under Subsection (4).
99	104		93 (3) If a reverse-location warrant is requested by a multijurisdictional team of law
100	105		94enforcement officers, the reporting requirement in this section is the responsibility of the
101	106		95commanding agency or governing authority of the multijurisdictional team.
102	107		96 (4) The commission shall:
103	108		97 (a) develop a standardized format for reporting the data described in Subsection (2);
104	109		98 (b) compile the data submitted under Subsection (2); and
105	110		99 (c) annually on or before August 1, publish on the commission's website a report of the
106	111		100data described in Subsection (2).
107	112		101 Section 2. Section 63A-16-1002 is amended to read:
108	113		102 63A-16-1002. Criminal justice database.
109	114		103 (1) The commission shall oversee the creation and management of a [Criminal Justice
110	115		104Database] criminal justice database for information and data required to be reported to the
111	116		105commission, organized by county, and accessible to all criminal justice agencies in the state.
112	117		106 (2) The division shall assist with the development and management of the database.
113	118		107 (3) The division, in collaboration with the commission, shall create:
114	119		108 (a) master standards and formats for information submitted to the database;
115		-	109 (b) a portal, bridge, website, or other method for reporting entities to provide the Enrolled Copy H.B. 57
116		-	- 5 -
	120	+	109 (b) a portal, bridge, website, or other method for reporting entities to provide the
117	121		110information;
118	122		111 (c) a master data management index or system to assist in the retrieval of information
119	123		112in the database;
120	124		113 (d) a protocol for accessing information in the database that complies with state
121	125		114privacy regulations; and
122	126		115 (e) a protocol for real-time audit capability of all data accessed through the portal by
123	127		116participating data source, data use entities, and regulators.
124	128		117 (4) Each criminal justice agency charged with reporting information to the commission
125		-	118shall provide the data or information to the database in a form prescribed by the commission.
	129	+	118shall provide the data or information to the database in a form prescribed by the commission. 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	130	+	- 5 -
126	131		119 (5) The database shall be the repository for the statutorily required data described in:
127	132		120 (a) Section 13-53-111, recidivism reporting requirements;
128	133		121 (b) Section 17-22-32, county jail reporting requirements;
129	134		122 (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
130	135		123 (d) Section 24-4-118, forfeiture reporting requirements;
131	136		124 (e) Section 41-6a-511, courts to collect and maintain data;
132	137		125 (f) Section 53-22-101, reporting requirements for reverse-location warrants;
133	138		126 (g) Section 63M-7-214, law enforcement agency grant reporting;
134	139		127 [(g)] (h) Section 63M-7-216, prosecutorial data collection;
135	140		128 [(h)] (i) Section 64-13-21, supervision of sentenced offenders placed in community;
136	141		129 [(i)] (j) Section 64-13-25, standards for programs;
137	142		130 [(j)] (k) Section 64-13-45, department reporting requirements;
138	143		131 [(k)] (l) Section 64-13e-104, housing of state probationary inmates or state parole
139	144		132inmates;
140	145		133 [(l)] (m) Section 77-7-8.5, use of tactical groups;
141	146		134 [(m)] (n) Section 77-20-103, release data requirements;
142	147		135 [(n)] (o) Section 77-22-2.5, court orders for criminal investigations;
143		-	136 [(o)] (p) Section 78A-2-109.5, court demographics reporting; and H.B. 57
144		-	Enrolled Copy
145		-	- 6 -
	148	+	136 [(o)] (p) Section 78A-2-109.5, court demographics reporting; and
146	149		137 [(p)] (q) any other statutes which require the collection of specific data and the
147	150		138reporting of that data to the commission.
148	151		139 (6) The commission shall report:
149	152		140 (a) progress on the database, including creation, configuration, and data entered, to the
150	153		141Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
151	154		142 (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
152	155		143Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
153	156		144Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
154	157		145Committee not later than January 16, 2023.
155	158		146 Section 3. Section 63I-2-277 is amended to read:
156	159		147 63I-2-277. Repeal dates: Title 77.
157	160		148 Subsections 77-23f-102(2)(a)(ii) and 77-23f-103(2)(a)(ii), which require a notice for
158		-	149certain reverse-location search warrant applications, are repealed January 1, 2033.
	161	+	149certain reverse-location search warrant applications, are repealed January 1, 2033. 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	162	+	- 6 -
159	163		150 Section 4. Section 63M-7-204 is amended to read:
160	164		151 63M-7-204. Duties of commission.
161	165		152 (1) The State Commission on Criminal and Juvenile Justice administration shall:
162	166		153 (a) promote the commission's purposes as enumerated in Section 63M-7-201;
163	167		154 (b) promote the communication and coordination of all criminal and juvenile justice
164	168		155agencies;
165	169		156 (c) study, evaluate, and report on the status of crime in the state and on the
166	170		157effectiveness of criminal justice policies, procedures, and programs that are directed toward the
167	171		158reduction of crime in the state;
168	172		159 (d) study, evaluate, and report on programs initiated by state and local agencies to
169	173		160address reducing recidivism, including changes in penalties and sentencing guidelines intended
170	174		161to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
171	175		162evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
172		-	163alternative to incarceration, as resources allow; Enrolled Copy H.B. 57
173		-	- 7 -
	176	+	163alternative to incarceration, as resources allow;
174	177		164 (e) study, evaluate, and report on policies, procedures, and programs of other
175	178		165jurisdictions which have effectively reduced crime;
176	179		166 (f) identify and promote the implementation of specific policies and programs the
177	180		167commission determines will significantly reduce crime in Utah;
178	181		168 (g) provide analysis and recommendations on all criminal and juvenile justice
179	182		169legislation, state budget, and facility requests, including program and fiscal impact on all
180	183		170components of the criminal and juvenile justice system;
181	184		171 (h) provide analysis, accountability, recommendations, and supervision for state and
182	185		172federal criminal justice grant money;
183	186		173 (i) provide public information on the criminal and juvenile justice system and give
184	187		174technical assistance to agencies or local units of government on methods to promote public
185	188		175awareness;
186	189		176 (j) promote research and program evaluation as an integral part of the criminal and
187	190		177juvenile justice system;
188	191		178 (k) provide a comprehensive criminal justice plan annually;
189	192		179 (l) review agency forecasts regarding future demands on the criminal and juvenile
190		-	180justice systems, including specific projections for secure bed space;
	193	+	180justice systems, including specific projections for secure bed space; 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	194	+	- 7 -
191	195		181 (m) promote the development of criminal and juvenile justice information systems that
192	196		182are consistent with common standards for data storage and are capable of appropriately sharing
193	197		183information with other criminal justice information systems by:
194	198		184 (i) developing and maintaining common data standards for use by all state criminal
195	199		185justice agencies;
196	200		186 (ii) annually performing audits of criminal history record information maintained by
197	201		187state criminal justice agencies to assess their accuracy, completeness, and adherence to
198	202		188standards;
199	203		189 (iii) defining and developing state and local programs and projects associated with the
200		-	190improvement of information management for law enforcement and the administration of H.B. 57
201		-	Enrolled Copy
202		-	- 8 -
	204	+	190improvement of information management for law enforcement and the administration of
203	205		191justice; and
204	206		192 (iv) establishing general policies concerning criminal and juvenile justice information
205	207		193systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
206	208		194Subsection (1)(m);
207	209		195 (n) allocate and administer grants, from money made available, for approved education
208	210		196programs to help prevent the sexual exploitation of children;
209	211		197 (o) allocate and administer grants for law enforcement operations and programs related
210	212		198to reducing illegal drug activity and related criminal activity;
211	213		199 (p) request, receive, and evaluate data and recommendations collected and reported by
212	214		200agencies and contractors related to policies recommended by the commission regarding
213	215		201recidivism reduction, including the data described in Section 13-53-111 and Subsection
214	216		20262A-15-103(2)(l);
215	217		203 (q) establish and administer a performance incentive grant program that allocates funds
216	218		204appropriated by the Legislature to programs and practices implemented by counties that reduce
217	219		205recidivism and reduce the number of offenders per capita who are incarcerated;
218	220		206 (r) oversee or designate an entity to oversee the implementation of juvenile justice
219	221		207reforms;
220	222		208 (s) make rules and administer the juvenile holding room standards and juvenile jail
221	223		209standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
222	224		210pursuant to 42 U.S.C. Sec. 5633;
223		-	211 (t) allocate and administer grants, from money made available, for pilot qualifying
	225	+	211 (t) allocate and administer grants, from money made available, for pilot qualifying 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	226	+	- 8 -
224	227		212education programs;
225	228		213 (u) oversee the trauma-informed justice program described in Section 63M-7-209;
226	229		214 (v) request, receive, and evaluate the aggregate data collected from prosecutorial
227	230		215agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
228	231		216and 78A-2-109.5;
229		-	217 (w) report annually to the Law Enforcement and Criminal Justice Interim Committee Enrolled Copy H.B. 57
230		-	- 9 -
	232	+	217 (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
231	233		218on the progress made on each of the following goals of the Justice Reinvestment Initiative:
232	234		219 (i) ensuring oversight and accountability;
233	235		220 (ii) supporting local corrections systems;
234	236		221 (iii) improving and expanding reentry and treatment services; and
235	237		222 (iv) strengthening probation and parole supervision;
236	238		223 (x) compile a report of findings based on the data and recommendations provided
237	239		224under Section 13-53-111 and Subsection 62A-15-103(2)(n) that:
238	240		225 (i) separates the data provided under Section 13-53-111 by each residential, vocational
239	241		226and life skills program; and
240	242		227 (ii) separates the data provided under Subsection 62A-15-103(2)(n) by each mental
241	243		228health or substance use treatment program; [and]
242	244		229 (y) publish the report described in Subsection (1)(x) on the commission's website and
243	245		230annually provide the report to the Judiciary Interim Committee, the Health and Human Services
244	246		231Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
245	247		232related appropriations subcommittees[.]; and
246	248		233 (z) receive, compile, and publish on the commission's website the data provided under
247	249		234Section 53-22-101.
248	250		235 (2) If the commission designates an entity under Subsection (1)(r), the commission
249	251		236shall ensure that the membership of the entity includes representation from the three branches
250	252		237of government and, as determined by the commission, representation from relevant stakeholder
251	253		238groups across all parts of the juvenile justice system, including county representation.
252	254		239 Section 5. Section 63M-7-218 is amended to read:
253	255		240 63M-7-218. State grant requirements.
254	256		241 Beginning July 1, 2023, the commission may not award any grant of state funds to any
255		-	242entity subject to, and not in compliance with, the reporting requirements in Subsections
	257	+	242entity subject to, and not in compliance with, the reporting requirements in Subsections 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	258	+	- 9 -
256	259		24363A-16-1002(5)(a) through [(o)] (p).
257		-	244 Section 6. Section 77-23c-101.2 is amended to read: H.B. 57
258		-	Enrolled Copy
259		-	- 10 -
	260	+	244 Section 6. Section 77-23c-101.2 is amended to read:
260	261		245 CHAPTER 23c. ELECTRONIC INFORMATION PRIVACY ACT
261	262		246 77-23c-101.2. Definitions.
262	263		247 As used in this chapter:
263	264		248 (1) "Electronic communication service" means a service that provides to users of the
264	265		249service the ability to send or receive wire or electronic communications.
265	266		250 (2) "Electronic device" means a device that enables access to or use of an electronic
266	267		251communication service, remote computing service, or location information service.
267	268		252 (3) (a) "Electronic information [or data]" means information or data including a sign,
268	269		253signal, writing, image, sound, or intelligence of any nature transmitted or stored in whole or in
269	270		254part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
270	271		255 (b) "Electronic information [or data]" includes the location information, stored data, or
271	272		256transmitted data of an electronic device.
272	273		257 (c) "Electronic information [or data]" does not include:
273	274		258 (i) a wire or oral communication;
274	275		259 (ii) a communication made through a tone-only paging device; or
275	276		260 (iii) electronic funds transfer information stored by a financial institution in a
276	277		261communications system used for the electronic storage and transfer of money.
277	278		262 (4) "Law enforcement agency" means:
278	279		263 (a) an entity of the state or a political subdivision of the state that exists to primarily
279	280		264prevent, detect, or prosecute crime and enforce criminal statutes or ordinances; or
280	281		265 (b) an individual or entity acting for or on behalf of an entity described in Subsection
281	282		266(4)(a).
282	283		267 (5) (a) "Location information" means [information, obtained by means of a tracking
283	284		268device, concerning the] information concerning the geographical location of an electronic
284	285		269device that, in whole or in part, is generated or derived from or obtained by the operation of an
285	286		270electronic device or the operation of a software application on an electronic device.
286		-	271 (b) "Location information" includes past, current, and future location information. Enrolled Copy H.B. 57
287		-	- 11 -
	287	+	271 (b) "Location information" includes past, current, and future location information.
288	288		272 (6) "Location information service" means the provision of a global positioning service
289		-	273or other mapping, location, or directional information service.
	289	+	273or other mapping, location, or directional information service. 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	290	+	- 10 -
290	291		274 (7) "Oral communication" means the same as that term is defined in Section 77-23a-3.
291	292		275 (8) "Remote computing service" means the provision to the public of computer storage
292	293		276or processing services by means of an electronic communications system.
293	294		277 (9) "Transmitted data" means electronic information [or data] that is transmitted
294	295		278wirelessly:
295	296		279 (a) from an electronic device to another electronic device without the use of an
296	297		280intermediate connection or relay; or
297	298		281 (b) from an electronic device to a nearby antenna or from a nearby antenna to an
298	299		282electronic device.
299	300		283 (10) "Wire communication" means the same as that term is defined in Section
300	301		28477-23a-3.
301	302		285 Section 7. Section 77-23c-102 is amended to read:
302	303		286 77-23c-102. Electronic information privacy -- Warrant required for disclosure --
303	304		287Exceptions.
304	305		288 (1) (a) Except as provided in Subsection (2) or (4), for a criminal investigation or
305	306		289prosecution, a law enforcement agency may not obtain, without a search warrant issued by a
306	307		290court upon probable cause:
307	308		291 (i) the location information, stored data, or transmitted data of an electronic device; or
308	309		292 (ii) electronic information [or data] transmitted by the owner of the electronic
309	310		293information [or data]:
310	311		294 (A) to a provider of a remote computing service; or
311	312		295 (B) through a provider of an electronic communication service.
312	313		296 (b) Except as provided in Subsection (1)(c), a law enforcement agency may not use,
313	314		297copy, or disclose, for any purpose, the location information, stored data, or transmitted data of
314		-	298an electronic device, or electronic information [or data] provided by a provider of a remote H.B. 57
315		-	Enrolled Copy
316		-	- 12 -
	315	+	298an electronic device, or electronic information [or data] provided by a provider of a remote
317	316		299computing service or an electronic communication service, that:
318	317		300 (i) is not the subject of the warrant; and
319	318		301 (ii) is collected as part of an effort to obtain the location information, stored data, or
320	319		302transmitted data of an electronic device, or electronic information [or data] provided by a
321	320		303provider of a remote computing service or an electronic communication service that is the
322		-	304subject of the warrant in Subsection (1)(a).
	321	+	304subject of the warrant in Subsection (1)(a). 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	322	+	- 11 -
323	323		305 (c) A law enforcement agency may use, copy, or disclose the transmitted data of an
324	324		306electronic device used to communicate with the electronic device that is the subject of the
325	325		307warrant if the law enforcement agency reasonably believes that the transmitted data is
326	326		308necessary to achieve the objective of the warrant.
327	327		309 (d) The electronic information [or data] described in Subsection (1)(b) shall be
328	328		310destroyed in an unrecoverable manner by the law enforcement agency as soon as reasonably
329	329		311possible after the electronic information [or data] is collected.
330	330		312 (2) (a) A law enforcement agency may obtain location information without a warrant
331	331		313for an electronic device:
332	332		314 (i) in accordance with Section 53-10-104.5;
333	333		315 (ii) if the device is reported stolen by the owner;
334	334		316 (iii) with the informed, affirmative consent of the owner or user of the electronic
335	335		317device;
336	336		318 (iv) in accordance with a judicially recognized exception to warrant requirements;
337	337		319 (v) if the owner has voluntarily and publicly disclosed the location information; or
338	338		320 (vi) from a provider of a remote computing service or an electronic communications
339	339		321service if the provider voluntarily discloses the location information:
340	340		322 (A) under a belief that an emergency exists involving an imminent risk to an individual
341	341		323of death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping,
342	342		324or human trafficking; or
343		-	325 (B) that is inadvertently discovered by the provider and appears to pertain to the Enrolled Copy H.B. 57
344		-	- 13 -
	343	+	325 (B) that is inadvertently discovered by the provider and appears to pertain to the
345	344		326commission of a felony, or of a misdemeanor involving physical violence, sexual abuse, or
346	345		327dishonesty.
347	346		328 (b) A law enforcement agency may obtain stored data or transmitted data from an
348	347		329electronic device or electronic information [or data] transmitted by the owner of the electronic
349	348		330information [or data] to a provider of a remote computing service or through a provider of an
350	349		331electronic communication service, without a warrant:
351	350		332 (i) with the informed consent of the owner of the electronic device or electronic
352	351		333information [or data];
353	352		334 (ii) in accordance with a judicially recognized exception to warrant requirements; or
354		-	335 (iii) subject to Subsection (2)(a)(vi)(B), from a provider of a remote computing service
	353	+	335 (iii) subject to Subsection (2)(a)(vi)(B), from a provider of a remote computing service 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	354	+	- 12 -
355	355		336or an electronic communication service if the provider voluntarily discloses the stored or
356	356		337transmitted data as otherwise permitted under 18 U.S.C. Sec. 2702.
357	357		338 (c) A prosecutor may obtain a judicial order as described in Section 77-22-2.5 for the
358	358		339purposes described in Section 77-22-2.5.
359	359		340 (3) A provider of an electronic communication service or a remote computing service,
360	360		341the provider's officers, employees, or agents, or other specified persons may not be held liable
361	361		342for providing information, facilities, or assistance in good faith reliance on the terms of the
362	362		343warrant issued under this section or without a warrant in accordance with Subsection (2).
363	363		344 (4) Nothing in this chapter:
364	364		345 (a) limits or affects the disclosure of public records under Title 63G, Chapter 2,
365	365		346Government Records Access and Management Act;
366	366		347 (b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an
367	367		348administrative rule adopted under Section 63A-16-205; or
368	368		349 (c) limits the ability of a law enforcement agency to receive or use information, without
369	369		350a warrant or subpoena, from the National Center for Missing and Exploited Children under 18
370	370		351U.S.C. Sec. 2258A.
371		-	352 Section 8. Section 77-23c-103 is amended to read: H.B. 57
372		-	Enrolled Copy
373		-	- 14 -
	371	+	352 Section 8. Section 77-23c-103 is amended to read:
374	372		353 77-23c-103. Notification required -- Exceptions -- Delayed notification.
375	373		354 (1) (a) Except as provided in [Subsection (2), if] Subsection (1)(b) or (2), a law
376	374		355enforcement agency that executes a warrant [in accordance with] under Subsection
377	375		35677-23c-102(1) or 77-23c-104(3)[, the law enforcement agency shall notify] shall serve the
378	376		357owner of the electronic device or electronic information [or data] specified in the warrant with
379	377		358a notice described in Subsection (3):
380	378		359 (i) within 90 days after the day on which the electronic device or the electronic [data
381	379		360or] information is obtained by the law enforcement agency but in no case [shall the law
382	380		361enforcement agency notify the owner] more than three days after the day on which the
383	381		362investigation is concluded[.]; or
384	382		363 [(b) The notification described in Subsection (1)(a) shall state:]
385	383		364 [(i) that a warrant was applied for and granted;]
386	384		365 [(ii) the kind of warrant issued;]
387		-	366 [(iii) the period of time during which the collection of the electronic information or
	385	+	366 [(iii) the period of time during which the collection of the electronic information or 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	386	+	- 13 -
388	387		367data was authorized;]
389	388		368 [(iv) the offense specified in the application for the warrant;]
390	389		369 [(v) the identity of the law enforcement agency that filed the application; and]
391	390		370 [(vi) the identity of the judge who issued the warrant.]
392	391		371 [(c) For the notification requirement described in Subsection (1)(a), the time period
393	392		372under Subsection (1)(a) begins on the day after the day on which the owner of the electronic
394	393		373device or electronic information or data specified in the warrant is known, or could be
395	394		374reasonably identified, by the law enforcement agency.]
396	395		375 (ii) if the owner of the electronic device or electronic information specified in the
397	396		376warrant is unknown to the law enforcement agency, within 90 days after the day on which the
398	397		377law enforcement agency identifies, or reasonably could identify, the owner.
399	398		378 (b) A law enforcement agency is not required to serve a notice described in Subsection
400		-	379(1)(a) to the owner of the electronic device or electronic information if the owner is located Enrolled Copy H.B. 57
401		-	- 15 -
	399	+	379(1)(a) to the owner of the electronic device or electronic information if the owner is located
402	400		380outside of the United States.
403	401		381 (2) (a) (i) A law enforcement agency seeking a warrant in accordance with Subsection
404	402		38277-23c-102(1)(a) or 77-23c-104(3) may submit a request, and the court may grant permission,
405	403		383to delay [the notification required by] service of the notice required under Subsection (1) for a
406	404		384period not to exceed 30 days, if the court determines that there is reasonable cause to believe
407	405		385that the notification may:
408	406		386 [(a)] (A) endanger the life or physical safety of an individual;
409	407		387 [(b)] (B) cause a person to flee from prosecution;
410	408		388 [(c)] (C) lead to the destruction of or tampering with evidence;
411	409		389 [(d)] (D) intimidate a potential witness; or
412	410		390 [(e)] (E) otherwise seriously jeopardize an investigation or unduly delay a trial.
413	411		391 [(3)] (ii) When a delay of notification is granted under Subsection (2)(a)(i) and upon
414	412		392application by the law enforcement agency, the court may grant additional extensions of up to
415	413		39330 days each.
416	414		394 [(4) (a)] (b) (i) A law enforcement agency that seeks a warrant for an electronic device
417	415		395or electronic information [or data] in accordance with Subsection 77-23c-102(1)(a) or
418	416		39677-23c-104(3) may submit a request to the court, and the court may grant permission, to delay
419		-	397[a notification under Subsection (2)] service of the notice required under Subsection (1), if the
	417	+	397[a notification under Subsection (2)] service of the notice required under Subsection (1), if the 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	418	+	- 14 -
420	419		398purpose of delaying the notification is to apprehend an individual:
421	420		399 [(i)] (A) who is a fugitive from justice under Section 77-30-13; and
422	421		400 [(ii)] (B) for whom an arrest warrant has been issued for a violent felony offense as
423	422		401defined in Section 76-3-203.5.
424	423		402 [(b)] (ii) (A) The court may grant the request under Subsection [(4)(a)] (2)(b)(i) to
425	424		403delay notification until the individual who is a fugitive from justice under Section 77-30-13 is
426	425		404apprehended by the law enforcement agency.
427	426		405 [(c)] (B) A law enforcement agency shall [issue a notification described in Subsection
428		-	406(5)] serve the notice required under Subsection (1) to the owner of the electronic device or H.B. 57
429		-	Enrolled Copy
430		-	- 16 -
	427	+	406(5)] serve the notice required under Subsection (1) to the owner of the electronic device or
431	428		407electronic information [or data] within 14 days after the day on which the law enforcement
432	429		408agency apprehends the individual described in Subsection [(4)(a)] (2)(b)(i).
433	430		409 [(5) Upon expiration of the period of delayed notification granted under Subsection (2)
434	431		410or (3), or upon the apprehension of an individual described in Subsection (4)(a), the law
435	432		411enforcement agency shall serve upon or deliver by first-class mail, or by other means if
436	433		412delivery is impracticable, to the owner of the electronic device or electronic information or data
437	434		413a copy of the warrant together with notice that:]
438	435		414 [(a) states with reasonable specificity the nature of the law enforcement inquiry; and]
439	436		415 [(b) contains:]
440	437		416 [(i) the information described in Subsection (1)(b);]
441	438		417 [(ii) a statement that notification of the search was delayed;]
442	439		418 [(iii) the name of the court that authorized the delay of notification; and]
443	440		419 [(iv) a reference to the provision of this chapter that allowed the delay of notification.]
444	441		420 [(6) A law enforcement agency is not required to notify the owner of the electronic
445	442		421device or electronic information or data if the owner is located outside of the United States.]
446	443		422 (3) A notice required under Subsection (1) shall include:
447	444		423 (a) a copy of the warrant; and
448	445		424 (b) a written statement identifying:
449	446		425 (i) the offense specified in the warrant application;
450	447		426 (ii) the identity of the law enforcement agency that filed the application;
451	448		427 (iii) the date on which the electronic information was obtained; and
452		-	428 (iv) the number and length of any authorized delays in serving the notice required
	449	+	428 (iv) the number and length of any authorized delays in serving the notice required 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	450	+	- 15 -
453	451		429under Subsection (1), including, if applicable, the name of the court that authorized the delay
454	452		430and a reference to the provision of this chapter that permitted the delay.
455	453		431 (4) A law enforcement agency shall serve the notice required under Subsection (1) to
456	454		432the owner of the electronic device or electronic information by:
457		-	433 (a) personal service on the owner; Enrolled Copy H.B. 57
458		-	- 17 -
	455	+	433 (a) personal service on the owner;
459	456		434 (b) first-class mail to the owner's last-known address; or
460	457		435 (c) other reasonable means if the owner's last-known address is unknown.
461	458		436 Section 9. Section 77-23c-104 is amended to read:
462	459		437 77-23c-104. Third-party electronic information.
463	460		438 (1) As used in this section, "subscriber record" means a record or information of a
464	461		439provider of an electronic communication service or remote computing service that reveals the
465	462		440subscriber's or customer's:
466	463		441 (a) name;
467	464		442 (b) address;
468	465		443 (c) local and long distance telephone connection record, or record of session time and
469	466		444duration;
470	467		445 (d) length of service, including the start date;
471	468		446 (e) type of service used;
472	469		447 (f) telephone number, instrument number, or other subscriber or customer number or
473	470		448identification, including a temporarily assigned network address; and
474	471		449 (g) means and source of payment for the service, including a credit card or bank
475	472		450account number.
476	473		451 (2) Except as provided in Chapter 22, Subpoena Powers for Aid of Criminal
477	474		452Investigation and Grants of Immunity or Section 77-23f-105, a law enforcement agency may
478	475		453not obtain, use, copy, or disclose a subscriber record.
479	476		454 (3) A law enforcement agency may not obtain, use, copy, or disclose, for a criminal
480	477		455investigation or prosecution, any record or information, other than a subscriber record, of a
481	478		456provider of an electronic communication service or remote computing service related to a
482	479		457subscriber or customer without a warrant.
483	480		458 (4) Notwithstanding Subsections (2) and (3), a law enforcement agency may obtain,
484		-	459use, copy, or disclose a subscriber record, or other record or information related to a subscriber
485		-	460or customer, without an investigative subpoena or a warrant: H.B. 57
486		-	Enrolled Copy
487		-	- 18 -
	481	+	459use, copy, or disclose a subscriber record, or other record or information related to a subscriber 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	482	+	- 16 -
	483	+	460or customer, without an investigative subpoena or a warrant:
488	484		461 (a) with the informed, affirmed consent of the subscriber or customer;
489	485		462 (b) in accordance with a judicially recognized exception to warrant requirements;
490	486		463 (c) if the subscriber or customer voluntarily discloses the record in a manner that is
491	487		464publicly accessible; or
492	488		465 (d) if the provider of an electronic communication service or remote computing service
493	489		466voluntarily discloses the record:
494	490		467 (i) under a belief that an emergency exists involving the imminent risk to an individual
495	491		468of:
496	492		469 (A) death;
497	493		470 (B) serious physical injury;
498	494		471 (C) sexual abuse;
499	495		472 (D) live-streamed sexual exploitation;
500	496		473 (E) kidnapping; or
501	497		474 (F) human trafficking;
502	498		475 (ii) that is inadvertently discovered by the provider, if the record appears to pertain to
503	499		476the commission of:
504	500		477 (A) a felony; or
505	501		478 (B) a misdemeanor involving physical violence, sexual abuse, or dishonesty; or
506	502		479 (iii) subject to Subsection 77-23c-104(4)(d)(ii), as otherwise permitted under 18 U.S.C.
507	503		480Sec. 2702.
508	504		481 (5) A provider of an electronic communication service or remote computing service, or
509	505		482the provider's officers, employees, agents, or other specified persons may not be held liable for
510	506		483providing information, facilities, or assistance in good faith reliance on the terms of a warrant
511	507		484issued under this section, or without a warrant in accordance with Subsection (3).
512	508		485 Section 10. Section 77-23f-101 is enacted to read:
513	509		486 CHAPTER 23f. ACCESS TO REVERSE-LOCATION INF ORMATION
514		-	487 77-23f-101. Definitions. Enrolled Copy H.B. 57
515		-	- 19 -
	510	+	487 77-23f-101. Definitions.
516	511		488 As used in this chapter:
517	512		489 (1) "Anonymized" means that the identifying information connected to an electronic
518		-	490device has been rendered anonymous in a manner such that the subject, including an
	513	+	490device has been rendered anonymous in a manner such that the subject, including an 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	514	+	- 17 -
519	515		491individual, household, device, or Internet protocol address, is not identifiable to a law
520	516		492enforcement agency.
521	517		493 (2) "Cell site" means transmission or reception equipment, including a base-station
522	518		494antenna, that connects an electronic device to a network.
523	519		495 (3) "Cell site record" means the cell site location information of an electronic device
524	520		496that corresponds to a specific cell site and time frame.
525	521		497 (4) "Electronic device" means a device that enables access to or use of a location
526	522		498information service or can otherwise create or provide location information.
527	523		499 (5) "Geofence" means a specified geographic area defined by a virtual perimeter or
528	524		500geographic coordinates.
529	525		501 (6) "Identifying information" means information tied to an electronic device that
530	526		502identifies the user's or owner's:
531	527		503 (a) name;
532	528		504 (b) address;
533	529		505 (c) phone number;
534	530		506 (d) email; or
535	531		507 (e) other identifying information that would identify the owner or user of the electronic
536	532		508device.
537	533		509 (7) "Law enforcement agency" means the same as that term is defined in Section
538	534		51077-23c-101.2.
539	535		511 (8) "Location information" means the same as that term is defined in Section
540	536		51277-23c-101.2.
541	537		513 (9) "Reverse-location information" means historical location information for:
542		-	514 (a) a defined time period; H.B. 57
543		-	Enrolled Copy
544		-	- 20 -
	538	+	514 (a) a defined time period;
545	539		515 (b) a defined or undefined area; and
546	540		516 (c) a defined or undefined number of electronic devices, for which the identities of the
547	541		517owners or users of the electronic devices are unknown to law enforcement.
548	542		518 Section 11. Section 77-23f-102 is enacted to read:
549	543		519 77-23f-102. Obtaining reverse-location information within a geofence -- Warrant
550	544		520required for disclosure -- Procedure.
551		-	521 (1) Except as provided in Section 77-23f-106, for a criminal investigation or
	545	+	521 (1) Except as provided in Section 77-23f-106, for a criminal investigation or 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	546	+	- 18 -
552	547		522prosecution, a law enforcement agency may not obtain reverse-location information for
553	548		523electronic devices within a geofence unless:
554	549		524 (a) the law enforcement agency obtains a search warrant as provided under this section;
555	550		525and
556	551		526 (b) (i) the investigation or prosecution involves:
557	552		527 (A) a felony;
558	553		528 (B) a class A misdemeanor that involves harm or a risk of harm to a person, a violation
559	554		529of Title 23, Wildlife Resources Code of Utah, or is part of a pattern of criminal activity; or
560	555		530 (C) a class B misdemeanor that involves harm or a risk of harm to a person, the
561	556		531unlawful taking of protected wildlife, or is part of a pattern of criminal activity; or
562	557		532 (ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public
563	558		533safety.
564	559		534 (2) To obtain reverse-location information inside of a geofence, a law enforcement
565	560		535agency shall:
566	561		536 (a) include with the sworn warrant application:
567	562		537 (i) a map or other visual depiction that represents the geofence for which the warrant is
568	563		538seeking information; and
569	564		539 (ii) the following language at the beginning of the application in a legible font no
570	565		540smaller than other text appearing in the application:
571		-	541 "NOTICE: This warrant application seeks judicial authorization for the disclosure of Enrolled Copy H.B. 57
572		-	- 21 -
	566	+	541 "NOTICE: This warrant application seeks judicial authorization for the disclosure of
573	567		542reverse-location information of electronic devices near a crime at or near the time of the crime.
574	568		543If authorized, the warrant allows law enforcement to obtain historical location information of
575	569		544all devices within the area described in the warrant during the specified time from entities in
576	570		545possession of the relevant data. The electronic devices captured in the warrant may be owned
577	571		546or used by both alleged criminal perpetrators and individuals not involved in the commission of
578	572		547a crime. For this reason, any warrant issued must require the anonymization of all devices
579	573		548associated with the reverse-location information."; and
580	574		549 (b) establish probable cause to believe that evidence of a crime will be found within the
581	575		550geofence and within a specified period of time.
582	576		551 (3) If a court grants a warrant under Subsection (2), the court shall require that all
583		-	552electronic device data provided pursuant to the warrant be anonymized before the
	577	+	552electronic device data provided pursuant to the warrant be anonymized before the 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	578	+	- 19 -
584	579		553reverse-location information is released to the law enforcement agency.
585	580		554 Section 12. Section 77-23f-103 is enacted to read:
586	581		555 77-23f-103. Obtaining reverse-location information based on cell site records --
587	582		556Warrant required for disclosure -- Procedure.
588	583		557 (1) Except as provided in Section 77-23f-106, for a criminal investigation or
589	584		558prosecution, a law enforcement agency may not obtain reverse-location information based on
590	585		559cell site records unless:
591	586		560 (a) the law enforcement agency obtains a search warrant as provided under this section;
592	587		561and
593	588		562 (b) (i) the investigation or prosecution involves:
594	589		563 (A) a felony;
595	590		564 (B) a class A misdemeanor that involves harm or risk of harm to a person, a violation
596	591		565of Title 23, Wildlife Resources Code of Utah, or is part of a pattern of criminal activity; or
597	592		566 (C) a class B misdemeanor that involves harm or risk of harm to a person, the unlawful
598	593		567taking of protected wildlife, or is part of a pattern of criminal activity; or
599		-	568 (ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public H.B. 57
600		-	Enrolled Copy
601		-	- 22 -
	594	+	568 (ii) the law enforcement agency can demonstrate an imminent, ongoing threat to public
602	595		569safety.
603	596		570 (2) To obtain cell-site based reverse-location information, a law enforcement agency
604	597		571shall:
605	598		572 (a) include with the sworn warrant application:
606	599		573 (i) a visual depiction or written description that identifies:
607	600		574 (A) the crime scene location and any other areas of interest related to the crime;
608	601		575 (B) the location of cell sites from which the reverse-location information is sought; and
609	602		576 (C) the distance between the locations described in Subsections (2)(a)(i)(A) and (B);
610	603		577and
611	604		578 (ii) the following language at the beginning of the application in a legible font no
612	605		579smaller than other text appearing in the application:
613	606		580 "NOTICE: This warrant application seeks judicial authorization for the disclosure of
614	607		581reverse-location information of electronic devices near a crime at or near the time of the crime.
615	608		582If authorized, the warrant allows law enforcement to obtain historical location information of
616		-	583all devices within the area described in the warrant during the specified time from entities in
	609	+	583all devices within the area described in the warrant during the specified time from entities in 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	610	+	- 20 -
617	611		584possession of the relevant data. The electronic devices captured in the warrant may be owned
618	612		585or used by both alleged criminal perpetrators and individuals not involved in the commission of
619	613		586a crime. For this reason, any warrant issued must require the anonymization of all devices
620	614		587associated with the reverse-location information."; and
621	615		588 (b) establish probable cause to believe that evidence of a crime will be found within the
622	616		589cell site records described in Subsection (2)(a)(i) and within a specified period of time.
623	617		590 (3) If a court grants a warrant under Subsection (2), the court shall require that all
624	618		591electronic device data provided pursuant to the warrant be anonymized before the
625	619		592reverse-location information is released to the law enforcement agency.
626	620		593 Section 13. Section 77-23f-104 is enacted to read:
627	621		594 77-23f-104. Obtaining additional reverse-location information -- Warrant
628		-	595required for disclosure -- Procedure. Enrolled Copy H.B. 57
629		-	- 23 -
	622	+	595required for disclosure -- Procedure.
630	623		596 (1) If, after executing a warrant described in Section 77-23f-102 or 77-23f-103, a law
631	624		597enforcement agency seeks to obtain reverse-location information beyond the parameters of the
632	625		598warrant obtained under Section 77-23f-102 or 77-23f-103, the law enforcement agency shall:
633	626		599 (a) include in the sworn warrant application the specific electronic devices identified in
634	627		600the anonymized data for which the law enforcement agency seeks additional reverse-location
635	628		601information;
636	629		602 (b) establish probable cause to believe that evidence of a crime will be found within a
637	630		603specified period of time; and
638	631		604 (c) affirm that the crime described in Subsection (1)(b) is:
639	632		605 (i) the same crime or directly related to the crime that was the subject of the warrant
640	633		606obtained under Section 77-23f-102 or 77-23f-103; or
641	634		607 (ii) a crime subject to the judicially recognized plain view exception to the warrant
642	635		608requirement.
643	636		609 (2) If a court grants a warrant under Subsection (1), the court shall require that all
644	637		610electronic device data provided pursuant to the warrant be anonymized before the
645	638		611reverse-location information is released to the law enforcement agency.
646	639		612 Section 14. Section 77-23f-105 is enacted to read:
647	640		613 77-23f-105. Obtaining identifying information connected to reverse-location
648		-	614information -- Warrant required for disclosure -- Procedure.
	641	+	614information -- Warrant required for disclosure -- Procedure. 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	642	+	- 21 -
649	643		615 To obtain identifying information for an electronic device identified pursuant to a
650	644		616warrant obtained under Section 77-23f-102, 77-23f-103, or 77-23f-104, a law enforcement
651	645		617agency shall establish in the sworn warrant application probable cause to believe that the
652	646		618electronic device was used or otherwise implicated in a crime.
653	647		619 Section 15. Section 77-23f-106 is enacted to read:
654	648		620 77-23f-106. Exceptions to reverse-location warrant requirements.
655	649		621 (1) Notwithstanding any other provision in this chapter, a law enforcement agency may
656		-	622obtain reverse-location information without a warrant: H.B. 57
657		-	Enrolled Copy
658		-	- 24 -
	650	+	622obtain reverse-location information without a warrant:
659	651		623 (a) in accordance with Section 53-10-104.5; or
660	652		624 (b) in accordance with a judicially recognized exception to warrant requirements.
661	653		625 (2) Nothing in this chapter:
662	654		626 (a) limits or affects the disclosure of public records under Title 63G, Chapter 2,
663	655		627Government Records Access and Management Act;
664	656		628 (b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an
665	657		629administrative rule adopted under Section 63A-16-205; or
666	658		630 (c) limits the ability of a law enforcement agency to receive or use information, without
667	659		631a warrant or subpoena, from the National Center for Missing and Exploited Children under 18
668	660		632U.S.C. Sec. 2258A.
669	661		633 Section 16. Section 77-23f-107 is enacted to read:
670	662		634 77-23f-107. Use, disclosure, and destruction of reverse-location information --
671	663		635Anonymization.
672	664		636 (1) (a) A law enforcement agency may not use, copy, or disclose, for any purpose,
673	665		637reverse-location information obtained under a warrant under Section 77-23f-102, 77-23f-103,
674	666		638or 77-23f-104 that:
675	667		639 (i) is not related to the crime that is the subject of the warrant; and
676	668		640 (ii) is collected as part of an effort to obtain the reverse-location information of an
677	669		641electronic device that is related to the crime that is the subject of the warrant obtained under
678	670		642Section 77-23f-102, 77-23f-103, or 77-23f-104.
679	671		643 (b) The law enforcement agency shall destroy in an unrecoverable manner the
680	672		644reverse-location information described in Subsection (1)(a) as soon as reasonably possible after
681		-	645the criminal case is declined for prosecution or, if criminal charges are filed, the final
	673	+	645the criminal case is declined for prosecution or, if criminal charges are filed, the final 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	674	+	- 22 -
682	675		646disposition of the criminal case.
683	676		647 (2) (a) Reverse-location information obtained under Section 77-23f-102, 77-23f-103,
684	677		648or 77-23f-104 may not be:
685		-	649 (i) compared with, merged with, linked to, or in any way electronically or otherwise Enrolled Copy H.B. 57
686		-	- 25 -
	678	+	649 (i) compared with, merged with, linked to, or in any way electronically or otherwise
687	679		650connected to a source of electronic data, including a database or file, containing one or more
688	680		651points of data that includes the location information provided by an electronic device; or
689	681		652 (ii) used in any other criminal investigation or prosecution.
690	682		653 (b) Subsection (2)(a)(i) does not apply if all the electronic data, including the
691	683		654reverse-location information, is obtained for the purpose of investigating the same criminal
692	684		655incident.
693	685		656 (3) A person or entity that provides reverse-location information under this chapter
694	686		657shall ensure that the reverse-location information is anonymized before the reverse-location
695	687		658information is provided to a law enforcement agency.
696	688		659 Section 17. Section 77-23f-108 is enacted to read:
697	689		660 77-23f-108. Notifications required -- Exceptions --Delayed notification.
698	690		661 (1) (a) Except as provided in Subsection (1)(b) or (2), a law enforcement agency that
699	691		662executes a warrant under Section 77-23f-105 shall serve a notice described in Subsection (3) on
700	692		663the owner of the electronic device for which identifying information was obtained:
701	693		664 (i) within 90 days after the day on which the identifying information is obtained by the
702	694		665law enforcement agency, but in no case more than three days after the day on which the
703	695		666investigation is concluded; or
704	696		667 (ii) if the owner of the electronic device for which the identifying information specified
705	697		668in the warrant is unknown to the law enforcement agency, within 90 days after the day on
706	698		669which the law enforcement agency identifies, or reasonably could identify, the owner.
707	699		670 (b) A law enforcement agency is not required to serve a notice described in Subsection
708	700		671(1)(a) to the owner of the electronic device for which identifying information was obtained if
709	701		672the owner is located outside of the United States.
710	702		673 (2) (a) (i) A law enforcement agency seeking a warrant in accordance with Section
711	703		67477-23f-105 may submit a request, and the court may grant permission, to delay service of the
712	704		675notice required under Subsection (1) for a period not to exceed 30 days, if the court determines
713		-	676that there is reasonable cause to believe that the notification may: H.B. 57
714		-	Enrolled Copy
715		-	- 26 -
	705	+	676that there is reasonable cause to believe that the notification may: 01-24-23 7:52 AM 1st Sub. (Buff) H.B. 57
	706	+	- 23 -
716	707		677 (A) endanger the life or physical safety of an individual;
717	708		678 (B) cause a person to flee from prosecution;
718	709		679 (C) lead to the destruction of or tampering with evidence;
719	710		680 (D) intimidate a potential witness; or
720	711		681 (E) otherwise seriously jeopardize an investigation or unduly delay a trial.
721	712		682 (ii) When a delay of notification is granted under Subsection (2)(a)(i) and upon
722	713		683application by the law enforcement agency, the court may grant additional extensions of up to
723	714		68430 days each.
724	715		685 (b) (i) A law enforcement agency that seeks a warrant in accordance with Section
725	716		68677-23f-105 may submit a request to the court, and the court may grant permission, to delay
726	717		687service of the notice required under Subsection (1), if the purpose of delaying the notification is
727	718		688to apprehend an individual:
728	719		689 (A) who is a fugitive from justice under Section 77-30-13; and
729	720		690 (B) for whom an arrest warrant has been issued for a violent felony offense as defined
730	721		691in Section 76-3-203.5.
731	722		692 (ii) (A) The court may grant the request under Subsection (2)(b)(i) to delay notification
732	723		693until the individual who is a fugitive from justice under Section 77-30-13 is apprehended by
733	724		694the law enforcement agency.
734		-	695 (B) A law enforcement agency shall ~~serve~~ the notice required under Subsection (1) to
	725	+	695 (B) A law enforcement agency shall service the notice required under Subsection (1) to
735	726		696the owner of the electronic device within 14 days after the day on which the law enforcement
736	727		697agency apprehends the individual described in Subsection (2)(b)(i).
737	728		698 (3) A notice required under Subsection (1) shall include:
738	729		699 (a) a copy of the warrant; and
739	730		700 (b) a written statement identifying:
740	731		701 (i) the offense specified in the warrant application;
741	732		702 (ii) the identity of the law enforcement agency that filed the application;
742		-	703 (iii) the date on which the location information or identifying information was Enrolled Copy H.B. 57
743		-	- 27 -
	733	+	703 (iii) the date on which the location information or identifying information was
744	734		704obtained; and
745	735		705 (iv) the number and length of any authorized delays in serving the notice required
746	736		706under Subsection (1), including, if applicable, the name of the court that authorized the delay
747		-	707and a reference to the provision of this chapter that permitted the delay.
	737	+	707and a reference to the provision of this chapter that permitted the delay. 1st Sub. (Buff) H.B. 57 01-24-23 7:52 AM
	738	+	- 24 -
748	739		708 (4) A law enforcement agency shall serve the notice required under Subsection (1) to
749	740		709the owner of the electronic device by:
750	741		710 (a) personal service on the owner;
751	742		711 (b) first-class mail to the owner's last-known address; or
752	743		712 (c) other reasonable means if the owner's last-known address is unknown.
753	744		713 Section 18. Section 77-23f-109 is enacted to read:
754	745		714 77-23f-109. Exclusion of records.
755	746		715 Reverse-location information or identifying information obtained in violation of the
756	747		716provisions of this chapter shall be subject to the rules governing exclusion as if the records
757	748		717were obtained in violation of the Fourth Amendment to the United States Constitution and
758	749		718Utah Constitution, Article I, Section 14.
759	750		719 Section 19. Repealer.
760	751		720 This bill repeals:
761	752		721 Section 77-23c-101.1, Title.