Enrolled Copy H.B. 273
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Law Enforcement Investigation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Todd Weiler
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LONG TITLE
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General Description:
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This bill concerns procedures and requirements related to law enforcement investigations.
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Highlighted Provisions:
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This bill:
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▸ defines and modifies terms;
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▸ places restrictions on and establishes procedures for law enforcement access to
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reverse-keyword information;
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▸ requires, with a sunset provision, a specified notice for certain warrant applications; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63I-2-277, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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77-23f-101, as enacted by Laws of Utah 2023, Chapter 382
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77-23f-104, as enacted by Laws of Utah 2023, Chapter 382
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77-23f-105, as enacted by Laws of Utah 2023, Chapter 382
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77-23f-106, as enacted by Laws of Utah 2023, Chapter 382
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77-23f-107, as enacted by Laws of Utah 2023, Chapter 382
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77-23f-109, as enacted by Laws of Utah 2023, Chapter 382
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ENACTS:
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77-23f-102.2, Utah Code Annotated 1953 H.B. 273 Enrolled Copy
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63I-2-277 is amended to read:
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63I-2-277 . Repeal dates: Title 77.
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(1) [Subsection] Subsections 77-23f-102(2)(a)(ii) and 77-23f-102.1(2)(a), regarding a notice
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for certain [reverse-location ]search warrant applications, is repealed January 1, 2033.
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(2) Subsection 77-23f-103(2)(a)(ii), regarding a notice for certain reverse-location search
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warrant applications, is repealed January 1, 2033.
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Section 2. Section 77-23f-101 is amended to read:
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CHAPTER 23f. ACCESS TO REVERSE-LOCATION AND REVERSE-KEYWORD
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INFORMATION
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77-23f-101 . Definitions.
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As used in this chapter:
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(1) "Anonymized" means that the identifying information connected to an electronic device
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has been rendered anonymous in a manner such that the subject, including an individual,
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household, device, or Internet protocol address, is not identifiable to a law enforcement
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agency.
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(2) "Cell site" means transmission or reception equipment, including a base-station antenna,
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that connects an electronic device to a network.
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(3) "Cell site record" means the cell site location information of an electronic device that
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corresponds to a specific cell site and time frame.
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(4) "Electronic device" means [a device that enables access to or use of a location
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information service or can otherwise create or provide location information] the same as
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that term is defined in Section 77-23c-101.2.
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(5) "Geofence" means a specified geographic area defined by a virtual perimeter or
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geographic coordinates.
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(6) "Identifying information" means information tied to an electronic device that identifies
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the user's or owner's:
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(a) name;
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(b) address;
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(c) phone number;
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(d) email; or
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(e) other identifying information that would identify the owner or user of the electronic
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device.
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(7) "Law enforcement agency" means the same as that term is defined in Section
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77-23c-101.2.
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(8) "Location information" means the same as that term is defined in Section 77-23c-101.2.
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(9)(a) "Reverse-keyword information" means information that:
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(i) identifies an unnamed individual, by name or other unique identifier, who:
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(A) electronically searched for a particular word, phrase, character string, or
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website; or
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(B) visited a particular website through a link generated by an electronic search
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for a particular word, phrase, character string, or website; and
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(ii) is or is not limited to a specific geographic area or time frame.
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(b) "Reverse-keyword information" does not include keyword information concerning a
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known individual or a specified electronic device that may be obtained pursuant to
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Chapter 23c, Electronic Information Privacy Act.
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[(9)] (10) "Reverse-location information" means historical location information for:
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(a) a defined time period;
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(b) a defined or undefined area; and
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(c) a defined or undefined number of electronic devices, for which the identities of the
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owners or users of the electronic devices are unknown to law enforcement.
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Section 3. Section 77-23f-102.2 is enacted to read:
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77-23f-102.2 . Obtaining reverse-keyword information -- Warrant required for
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disclosure -- Procedure.
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(1) Except as provided in Section 77-23f-106, for a criminal investigation or prosecution, a
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law enforcement agency may not obtain reverse-keyword information for electronic
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devices unless:
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(a) the law enforcement agency obtains a search warrant as provided under this section;
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and
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(b)(i) the investigation or prosecution involves an offense listed in Subsection (4); or
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(ii) the law enforcement agency can demonstrate an imminent, ongoing threat to
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public safety.
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(2) To obtain reverse-keyword information, a law enforcement agency shall:
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(a) include with the sworn warrant application the following language at the beginning
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of the application in a legible font no smaller than other text appearing in the
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application: "NOTICE: This warrant application seeks judicial authorization for the
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disclosure of reverse-keyword information of electronic devices. If authorized, the
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warrant allows law enforcement to obtain historical information of all devices that
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searched for specific terms or visited a particular website through a link generated by
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an electronic search during the specified time described in the warrant from entities
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in possession of the relevant data. The electronic devices captured in the warrant may
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be owned or used by both alleged criminal perpetrators and individuals not involved
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in the commission of a crime. For this reason, any warrant issued must require the
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anonymization of all devices associated with the reverse-keyword information."; and
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(b) establish probable cause to believe that evidence of a crime will be found based on
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the reverse-keyword information sought to be searched and within the specified
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period of time.
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(3) If a court grants a warrant under Subsection (2), the court shall require that all electronic
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device data provided pursuant to the warrant be anonymized before the reverse-keyword
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information or reverse-location information is released to the law enforcement agency.
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(4) The offenses referred to in Subsection (1)(b)(i) are:
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(a) a felony offense under Title 76, Chapter 5, Offenses Against the Individual;
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(b) a first or second degree felony offense under Title 76, Chapter 6, Part 1, Property
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Destruction;
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(c) a first or second degree felony offense under Title 76, Chapter 6, Part 2, Burglary
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and Criminal Trespass;
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(d) a first or second degree felony offense under Title 76, Chapter 6, Part 3, Robbery;
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(e) a first or second degree felony offense under Title 76, Chapter 8, Part 3, Obstructing
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Governmental Operations;
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(f) a first or second degree felony offense under Title 76, Chapter 10, Part 3, Explosives;
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(g) a first or second degree felony offense under Title 76, Chapter 10, Part 4, Weapons
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of Mass Destruction;
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(h) a first or second degree felony offense under Title 76, Chapter 10, Part 13,
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Prostitution; and
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(i) a first or second degree felony offense under Title 76, Chapter 10, Part 15, Bus
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Passenger Safety Act.
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Section 4. Section 77-23f-104 is amended to read:
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77-23f-104 . Obtaining additional reverse-location or reverse-keyword
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information -- Warrant required for disclosure -- Procedure.
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(1) If, after executing a warrant described in Section 77-23f-102, 77-23f-102.2, or
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77-23f-103, a law enforcement agency seeks to obtain reverse-keyword information or
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reverse-location information beyond the parameters of the warrant obtained under
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Section 77-23f-102, 77-23f-102.2, or 77-23f-103, the law enforcement agency shall:
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(a) include in the sworn warrant application the specific electronic devices identified in
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the anonymized data for which the law enforcement agency seeks additional
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reverse-location information or reverse-keyword information;
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(b) establish probable cause to believe that evidence of a crime will be found within a
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specified period of time; and
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(c) affirm that the crime described in Subsection (1)(b) is:
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(i) the same crime or directly related to the crime that was the subject of the warrant
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obtained under Section 77-23f-102, 77-23f-102.2, or 77-23f-103; or
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(ii) a crime subject to the judicially recognized plain view exception to the warrant
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requirement.
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(2) If a court grants a warrant under Subsection (1), the court shall require that all electronic
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device data provided pursuant to the warrant be anonymized before the reverse-location
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information or reverse-keyword information is released to the law enforcement agency.
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Section 5. Section 77-23f-105 is amended to read:
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77-23f-105 . Obtaining identifying information connected to reverse-location
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information or reverse-keyword information -- Warrant required for disclosure --
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Procedure.
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To obtain identifying information for an electronic device identified pursuant to a
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warrant concerning reverse-location information or reverse-keyword information obtained
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under Section 77-23f-102, 77-23f-102.2, 77-23f-103, or 77-23f-104, a law enforcement agency
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shall establish in the sworn warrant application probable cause to believe that the electronic
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device was used or otherwise implicated in a crime.
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Section 6. Section 77-23f-106 is amended to read:
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77-23f-106 . Exceptions to reverse-location and reverse-keyword warrant
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requirements.
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(1) Notwithstanding any other provision in this chapter, a law enforcement agency may
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obtain reverse-location information or reverse-keyword information without a warrant:
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(a) in accordance with Section 53-10-104.5; or
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(b) in accordance with a judicially recognized exception to warrant requirements.
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(2) Nothing in this chapter:
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(a) limits or affects the disclosure of public records under Title 63G, Chapter 2,
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Government Records Access and Management Act;
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(b) affects the rights of an employer under Subsection 34-48-202(1)(e) or an
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administrative rule adopted under Section 63A-16-205; or
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(c) limits the ability of a law enforcement agency to receive or use information, without
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a warrant or subpoena, from the National Center for Missing and Exploited Children
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under 18 U.S.C. Sec. 2258A.
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Section 7. Section 77-23f-107 is amended to read:
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77-23f-107 . Use, disclosure, and destruction of reverse-location information or
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reverse-keyword information -- Anonymization.
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(1)(a) A law enforcement agency may not use, copy, or disclose, for any purpose,
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reverse-location information or reverse-keyword information obtained under a
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warrant under Section 77-23f-102, 77-23f-102.2, 77-23f-103, or 77-23f-104 that:
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(i) is not related to the crime that is the subject of the warrant; and
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(ii) is collected as part of an effort to obtain the reverse-location information or
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reverse-keyword information of an electronic device that is related to the crime
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that is the subject of the warrant obtained under Section 77-23f-102, 77-23f-102.2,
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77-23f-103, or 77-23f-104.
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(b) The law enforcement agency shall destroy in an unrecoverable manner the
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reverse-location information or reverse-keyword information described in Subsection
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(1)(a) as soon as reasonably possible after the criminal case is declined for
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prosecution or, if criminal charges are filed, the final disposition of the criminal case.
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(2)(a) Reverse-location information obtained under Section 77-23f-102, 77-23f-103, or
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77-23f-104 may not be:
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(i) compared with, merged with, linked to, or in any way electronically or otherwise
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connected to a source of electronic data, including a database or file, containing
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one or more points of data that includes the location information provided by an
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electronic device; or
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(ii) used in any other criminal investigation or prosecution.
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(b) Subsection (2)(a)(i) does not apply if all the electronic data, including the
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reverse-location information, is obtained for the purpose of investigating the same
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criminal incident.
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(3) A person or entity that provides reverse-location information or reverse-keyword
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information under this chapter shall ensure that the reverse-location information or
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reverse-keyword information is anonymized before the reverse-location information or
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reverse-keyword information is provided to a law enforcement agency.
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Section 8. Section 77-23f-109 is amended to read:
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77-23f-109 . Exclusion of records.
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Reverse-location information, reverse-keyword information, or identifying information
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obtained in violation of the provisions of this chapter shall be subject to the rules governing
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exclusion as if the [records were] information was obtained in violation of the Fourth
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Amendment to the United States Constitution [and] or Utah Constitution, Article I, Section 14.
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Section 9. Effective Date.
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This bill takes effect on May 7, 2025.
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