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