Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 273 (2025GS)

Sponsor

Rep. Wilcox, Ryan D.

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines and modifies terms;
• places restrictions on and establishes procedures for law enforcement access to reverse-keyword information;
• requires, with a sunset provision, a specified notice for certain warrant applications; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

32
63I-2-277
77-23f-101
77-23f-102.2
77-23f-104
77-23f-105
77-23f-106
77-23f-107
77-23f-109
0
Law Enforcement Investigation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill concerns procedures and requirements related to law enforcement investigations. 
Highlighted Provisions:
This bill:
defines and modifies terms;
places restrictions on and establishes procedures for law enforcement access to 
reverse-keyword information;
requires, with a sunset provision, a specified notice for certain warrant applications; and 
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-277
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
77-23f-101
, as enacted by Laws of Utah 2023, Chapter 382
77-23f-104
, as enacted by Laws of Utah 2023, Chapter 382
77-23f-105
, as enacted by Laws of Utah 2023, Chapter 382
77-23f-106
, as enacted by Laws of Utah 2023, Chapter 382
77-23f-107
, as enacted by Laws of Utah 2023, Chapter 382
77-23f-109
, as enacted by Laws of Utah 2023, Chapter 382
ENACTS:
77-23f-102.2
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63I-2-277
 is amended to read:
63I-2-277
. Repeal dates: Title 77.
(1)
Subsection
Subsections
77-23f-102
(2)(a)(ii)
 and 
77-23f-102.1(2)(a)
, regarding a notice 
for certain 
reverse-location 
search warrant applications, is repealed January 1, 2033.
(2)
Subsection 
77-23f-103
(2)(a)(ii), regarding a notice for certain reverse-location search 
warrant applications, is repealed January 1, 2033.
Section 2, Section 
77-23f-101
 is amended to read:
23f. ACCESS TO REVERSE-LOCATION AND REVERSE-KEYWORD 
INFORMATION
77-23f-101
. Definitions.
As used in this chapter:
(1)
"Anonymized" means that the identifying information connected to an electronic device 
has been rendered anonymous in a manner such that the subject, including an individual, 
household, device, or Internet protocol address, is not identifiable to a law enforcement 
agency.
(2)
"Cell site" means transmission or reception equipment, including a base-station antenna, 
that connects an electronic device to a network.
(3)
"Cell site record" means the cell site location information of an electronic device that 
corresponds to a specific cell site and time frame.
(4)
"Electronic device" means 
a device that enables access to or use of a location 
information service or can otherwise create or provide location information
the same as 
that term is defined in Section 
77-23c-101.2
.
(5)
"Geofence" means a specified geographic area defined by a virtual perimeter or 
geographic coordinates.
(6)
"Identifying information" means information tied to an electronic device that identifies 
the user's or owner's:
(a)
name;
(b)
address;
(c)
phone number;
(d)
email; or
(e)
other identifying information that would identify the owner or user of the electronic 
device.
(7)
"Law enforcement agency" means the same as that term is defined in Section 
77-23c-101.2
.
(8)
"Location information" means the same as that term is defined in Section 
77-23c-101.2
.
(9)
(a)
"Reverse-keyword information" means information that:
(i)
identifies an unnamed individual, by name or other unique identifier, who:
(A)
electronically searched for a particular word, phrase, character string, or 
website; or
(B)
visited a particular website through a link generated by an electronic search 
for a particular word, phrase, character string, or website; and
(ii)
is or is not limited to a specific geographic area or time frame.
(b)
"Reverse-keyword information" does not include keyword information concerning a 
known individual or a specified electronic device that may be obtained pursuant to 
Chapter 23c, Electronic Information Privacy Act.
(9)
(10)
"Reverse-location information" means historical location information for:
(a)
a defined time period;
(b)
a defined or undefined area; and
(c)
a defined or undefined number of electronic devices, for which the identities of the 
owners or users of the electronic devices are unknown to law enforcement.
Section 3, Section 
77-23f-102.2
 is enacted to read:
77-23f-102.2
. Obtaining reverse-keyword information -- Warrant required for 
disclosure -- Procedure.
(1)
Except as provided in Section 
77-23f-106
, for a criminal investigation or prosecution, a 
law enforcement agency may not obtain reverse-keyword information for electronic 
devices unless:
(a)
the law enforcement agency obtains a search warrant as provided under this section; 
and
(b)
(i)
the investigation or prosecution involves an offense listed in Subsection 
(4)
; or
(ii)
the law enforcement agency can demonstrate an imminent, ongoing threat to 
public safety.
(2)
To obtain reverse-keyword information, a law enforcement agency shall:
(a)
include with the sworn warrant application the following language at the beginning 
of the application in a legible font no smaller than other text appearing in the 
application: "NOTICE: This warrant application seeks judicial authorization for the 
disclosure of reverse-keyword information of electronic devices. If authorized, the 
warrant allows law enforcement to obtain historical information of all devices that 
searched for specific terms or visited a particular website through a link generated by 
an electronic search during the specified time described in the warrant from entities 
in possession of the relevant data. The electronic devices captured in the warrant may 
be owned or used by both alleged criminal perpetrators and individuals not involved 
in the commission of a crime. For this reason, any warrant issued must require the 
anonymization of all devices associated with the reverse-keyword information."; and
(b)
establish probable cause to believe that evidence of a crime will be found based on 
the reverse-keyword information sought to be searched and within the specified 
period of time.
(3)
If a court grants a warrant under Subsection (2), the court shall require that all electronic 
device data provided pursuant to the warrant be anonymized before the reverse-keyword 
information or reverse-location information is released to the law enforcement agency.
(4)
The offenses referred to in Subsection 
(1)(b)(i)
 are:
(a)
a felony offense under Title 76, Chapter 5, Offenses Against the Individual; 
(b)
a first or second degree felony offense under Title 76, Chapter 6, Part 1, Property 
Destruction;
(c)
a first or second degree felony offense under Title 76, Chapter 6, Part 2, Burglary 
and Criminal Trespass;
(d)
a first or second degree felony offense under Title 76, Chapter 6, Part 3, Robbery;
(e)
a first or second degree felony offense under Title 76, Chapter 8, Part 3, Obstructing 
Governmental Operations;
(f)
a first or second degree felony offense under Title 76, Chapter 10, Part 3, Explosives;
(g)
a first or second degree felony offense under Title 76, Chapter 10, Part 4, Weapons 
of Mass Destruction;
(h)
a first or second degree felony offense under Title 76, Chapter 10, Part 13, 
Prostitution; and
(i)
a first or second degree felony offense under Title 76, Chapter 10, Part 15, Bus 
Passenger Safety Act.
Section 4, Section 
77-23f-104
 is amended to read:
77-23f-104
. Obtaining additional reverse-location or reverse-keyword 
information -- Warrant required for disclosure -- Procedure.
(1)
If, after executing a warrant described in Section 
77-23f-102
, 
77-23f-102.2
,
 or 
77-23f-103
, a law enforcement agency seeks to obtain 
reverse-keyword information or 
reverse-location information beyond the parameters of the warrant obtained under 
Section 
77-23f-102
, 
77-23f-102.2
,
 or 
77-23f-103
, the law enforcement agency shall:
(a)
include in the sworn warrant application the specific electronic devices identified in 
the anonymized data for which the law enforcement agency seeks additional 
reverse-location information
 or reverse-keyword information
;
(b)
establish probable cause to believe that evidence of a crime will be found within a 
specified period of time; and
(c)
affirm that the crime described in Subsection 
(1)(b)
 is:
(i)
the same crime or directly related to the crime that was the subject of the warrant 
obtained under Section 
77-23f-102
, 
77-23f-102.2
,
 or 
77-23f-103
; or
(ii)
a crime subject to the judicially recognized plain view exception to the warrant 
requirement.
(2)
If a court grants a warrant under Subsection 
(1)
, the court shall require that all electronic 
device data provided pursuant to the warrant be anonymized before the reverse-location 
information 
or reverse-keyword information 
is released to the law enforcement agency.
Section 5, Section 
77-23f-105
 is amended to read:
77-23f-105
. Obtaining identifying information connected to reverse-location 
information or reverse-keyword information -- Warrant required for disclosure -- 
Procedure.
To obtain identifying information for an electronic device identified pursuant to a 
warrant 
concerning reverse-location information or reverse-keyword information 
obtained 
under Section 
77-23f-102
, 
77-23f-102.2
, 
77-23f-103
, or 
77-23f-104
, a law enforcement agency 
shall establish in the sworn warrant application probable cause to believe that the electronic 
device was used or otherwise implicated in a crime.
Section 6, Section 
77-23f-106
 is amended to read:
77-23f-106
. Exceptions to reverse-location and reverse-keyword warrant 
requirements.
(1)
Notwithstanding any other provision in this chapter, a law enforcement agency may 
obtain reverse-location information 
or reverse-keyword information 
without a warrant:
(a)
in accordance with Section 
53-10-104.5
; or
(b)
in accordance with a judicially recognized exception to warrant requirements.
(2)
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.
Section 7, Section 
77-23f-107
 is amended to read:
77-23f-107
. Use, disclosure, and destruction of reverse-location information or 
reverse-keyword information -- Anonymization.
(1)
(a)
A law enforcement agency may not use, copy, or disclose, for any purpose, 
reverse-location information 
or reverse-keyword information 
obtained under a 
warrant under Section 
77-23f-102
, 
77-23f-102.2
, 
77-23f-103
, or 
77-23f-104
 that:
(i)
is not related to the crime that is the subject of the warrant; and
(ii)
is collected as part of an effort to obtain the reverse-location information
 or 
reverse-keyword information
 of an electronic device that is related to the crime 
that is the subject of the warrant obtained under Section 
77-23f-102
, 
77-23f-102.2
, 
77-23f-103
, or 
77-23f-104
.
(b)
The law enforcement agency shall destroy in an unrecoverable manner the 
reverse-location information
 or reverse-keyword information
 described in Subsection 
(1)(a)
 as soon as reasonably possible after the criminal case is declined for 
prosecution or, if criminal charges are filed, the final disposition of the criminal case.
(2)
(a)
Reverse-location information obtained under Section 
77-23f-102
, 
77-23f-103
, or 
77-23f-104
 may not be:
(i)
compared with, merged with, linked to, or in any way electronically or otherwise 
connected to a source of electronic data, including a database or file, containing 
one or more points of data that includes the location information provided by an 
electronic device; or
(ii)
used in any other criminal investigation or prosecution.
(b)
Subsection 
(2)(a)(i)
 does not apply if all the electronic data, including the 
reverse-location information, is obtained for the purpose of investigating the same 
criminal incident.
(3)
A person or entity that provides reverse-location information
 or reverse-keyword 
information
 under this chapter shall ensure that the reverse-location information 
or 
reverse-keyword information 
is anonymized before the reverse-location information
 or 
reverse-keyword information
 is provided to a law enforcement agency.
Section 8, Section 
77-23f-109
 is amended to read:
77-23f-109
. Exclusion of records.
Reverse-location information
, reverse-keyword information,
 or identifying information 
obtained in violation of the provisions of this chapter shall be subject to the rules governing 
exclusion as if the 
records were
information was
 obtained in violation of the Fourth 
Amendment to the United States Constitution 
and
or
Utah Constitution, Article I, Section 14.
Section 9. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 2:11 PM