Enrolled Copy H.B. 366
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Access to Communication Device Location Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: David P. Hinkins
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LONG TITLE
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General Description:
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This bill concerns access to communication device location information.
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Highlighted Provisions:
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This bill:
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▸ defines terms and modifies definitions;
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▸ provides that a mobile telecommunications service shall provide communication device
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location information as quickly as possible under certain circumstances;
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▸ adds certain law enforcement warrants that are prioritized as urgent regarding a missing
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individual in danger to the list of circumstances under which a mobile
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telecommunications service shall provide communication device location information as
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quickly as possible;
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▸ requires, if a mobile telecommunications service establishes procedures for providing
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communication device location information, a method for a law enforcement agency to
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identify different types of requested information; 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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53-10-104.5, as last amended by Laws of Utah 2022, Chapter 430
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Be it enacted by the Legislature of the state of Utah: H.B. 366 Enrolled Copy
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Section 1. Section 53-10-104.5 is amended to read:
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53-10-104.5 . Wireless service -- Communication device location information in
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emergencies and certain urgent situations.
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(1) As used in this section:
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(a) ["Call ] "Communication device" means the same as that term is defined in Section
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76-8-311.3.
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(b)(i) "Communication device data" means information obtained from the available
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records or other network data concerning a specific communication device that
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may help to reveal the location of the communication device.
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(ii) "Communication device data" includes, if the data will help to reveal the location
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of a specific communication device:
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(A) call logs;
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(B) GPS tracking data;
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(C) application data;
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(D) browser history;
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(E) email records;
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(F) photos and videos;
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(G) SMS and MMS messages; and
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(H) contact details.
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(c)(i) "Communication device location information" means the best available location
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information, including information obtained by use of historical cellular site
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information or a mobile locator tool for a communication device or a
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telecommunication device.
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(ii) "Communication device location information" includes communication device
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data.
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[(b)] (d) "Law enforcement agency" or "agency" has the same definition as in Section
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53-1-102.
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[(c)] (e) "Mobile telecommunications service" has the same definition as in Section
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54-8b-2.
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(f) "Serious bodily injury" means the same as that term is defined in Section 76-1-101.5.
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[(d)] (g) "Telecommunication device" has the same definition as in Section 76-6-409.5.
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(2) A mobile telecommunications service shall provide [call] communication device
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location information as quickly as possible regarding a telecommunication device user
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or a communication device user whom a law enforcement agency:
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(a) has reason to believe is in need of services under Subsection [(2)(a) or (b)] (2)(a)(i)
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or (ii), upon the request of a law enforcement agency or a public safety
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communications center if the agency or center determines the communication device
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location information is necessary in order to respond to:
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[(a)] (i) a call for emergency response services; or
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[(b)] (ii) an emergency situation that involves the imminent risk of death or serious
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bodily injury[ as defined in Section 76-1-101.5.] ; or
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(b) has a warrant for the communication device location information for the
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telecommunication device user or communication device user who is missing, if the
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law enforcement agency has prioritized the warrant as urgent based on the law
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enforcement agency's determination that the user may be in danger of physical harm.
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(3)(a) The mobile telecommunications service may establish procedures in accordance
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with 18 U.S.C. Sec. 2702(b)(8) for [its voluntary response] the mobile
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telecommunications service's response to a request for location under Subsection (2).
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(b) If a mobile telecommunications service establishes procedures under Subsection
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(3)(a), the procedures shall include a method for a law enforcement agency to
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identify a situation under Subsection (2)(a) and a prioritized warrant described in
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Subsection (2)(b).
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(4) A mobile telecommunications service that, acting in good faith, provides
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information as
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requested under Subsection (2) may not be held civilly liable for providing the
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information.
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(5)(a) The division shall obtain contact information from all mobile telecommunication
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service providers that provide services in this state to facilitate communicating
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location requests under Subsection (2).
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(b) The division shall provide the contact information to all public safety
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communications centers in the state and shall provide updates to the contact
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information.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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