Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 226 (2023GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the ability of law enforcement to obtain certain information or data without a search warrant; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ELECTRONIC INFORMATION OR DATA PRIVACY ACT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler
House Sponsor: 
 Ryan D. Wilcox
LONG TITLE
General Description:
This bill concerns the ability of law enforcement to obtain certain information or data
without a search warrant.
Highlighted Provisions:
This bill:
▸ amends the ability of law enforcement to obtain certain information or data without
a search warrant; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
77-23c-102
, as last amended by Laws of Utah 2022, Chapter 274
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
77-23c-102
 is amended to read:
77-23c-102.
Electronic information or data privacy -- Warrant required for
disclosure.
(1) (a) Except as provided in Subsection (2), for a criminal investigation or
prosecution, a law enforcement agency may not obtain, without a search warrant issued by a
court upon probable cause:
(i) the location information, stored data, or transmitted data of an electronic device; or
(ii) electronic information or data transmitted by the owner of the electronic
information or data:
(A) to a provider of a remote computing service; or
(B) through a provider of an electronic communication service.
(b) Except as provided in Subsection (1)(c), a law enforcement agency may not use,
copy, or disclose, for any purpose, the location information, stored data, or transmitted data of
an electronic device, or electronic information or data provided by a provider of a remote
computing service or an electronic communication service, that:
(i) is not the subject of the warrant; and
(ii) is collected as part of an effort to obtain the location information, stored data, or
transmitted data of an electronic device, or electronic information or data provided by a
provider of a remote computing service or an electronic communication service that is the
subject of the warrant in Subsection (1)(a).
(c) A law enforcement agency may use, copy, or disclose the transmitted data of an
electronic device used to communicate with the electronic device that is the subject of the
warrant if the law enforcement agency reasonably believes that the transmitted data is
necessary to achieve the objective of the warrant.
(d) The electronic information or data described in Subsection (1)(b) shall be destroyed
in an unrecoverable manner by the law enforcement agency as soon as reasonably possible after
the electronic information or data is collected.
(2) (a) A law enforcement agency may obtain location information without a warrant
for an electronic device:
(i) in accordance with Section 
53-10-104.5
;
(ii) if the device is reported stolen by the owner;
(iii) with the informed, affirmative consent of the owner or user of the electronic
device;
(iv) 
except for the automobile exception to the warrant requirement,
 in accordance with
a judicially recognized exception to warrant requirements;
(v) if the owner has voluntarily and publicly disclosed the location information; or
(vi) from a provider of a remote computing service or an electronic communications
service if the provider voluntarily discloses the location information:
(A) under a belief that an emergency exists involving an imminent risk to an individual
of death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping,
or human trafficking; or
(B) that is inadvertently discovered by the provider and appears to pertain to the
commission of a felony, or of a misdemeanor involving physical violence, sexual abuse, or
dishonesty.
(b) A law enforcement agency may obtain stored data or transmitted data from an
electronic device or electronic information or data transmitted by the owner of the electronic
information or data to a provider of a remote computing service or through a provider of an
electronic communication service, without a warrant:
(i) with the informed consent of the owner of the electronic device or electronic
information or data;
(ii) 
except for the automobile exception to the warrant requirement,
 in accordance with
a judicially recognized exception to warrant requirements; or
(iii) subject to Subsection(2)(a)(vi)(B), from a provider of a remote computing service
or an electronic communication service if the provider voluntarily discloses the stored or
transmitted data as otherwise permitted under 18 U.S.C. Sec. 2702.
(c) A prosecutor may obtain a judicial order as described in Section 
77-22-2.5
 for the
purposes described in Section 
77-22-2.5
.
(3) A provider of an electronic communication service or a remote computing service,
the provider's officers, employees, or agents, or other specified persons may not be held liable
for providing information, facilities, or assistance in good faith reliance on the terms of the
warrant issued under this section or without a warrant in accordance with Subsection (2).
(4) Nothing in this chapter:
(a) limits or affects the disclosure of public records under Title 63G, Chapter 2,
Government Records Access and Management Act;
(b) affects the rights of an employer under Subsection 
34-48-202
(1)(e) or an
administrative rule adopted under Section 
63A-16-205
; or
(c) limits the ability of a law enforcement agency to receive or use information, without
a warrant or subpoena, from the National Center for Missing and Exploited Children under 18
U.S.C. Sec. 2258A.