Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 366 (2025GS)

Sponsor

Rep. Maloy, A. Cory

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms and modifies definitions;
• provides that a mobile telecommunications service shall provide communication device location information as quickly as possible under certain circumstances;
• adds certain law enforcement warrants that are prioritized as urgent regarding a missing individual in danger to the list of circumstances under which a mobile telecommunications service shall provide communication device location information as quickly as possible;
• requires, if a mobile telecommunications service establishes procedures for providing communication device location information, a method for a law enforcement agency to identify different types of requested information; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

16
53-10-104.5
53-10-104.5
0
Access to Communication Device Location Information Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: David P. Hinkins
LONG TITLE
General Description:
This bill concerns access to communication device location information.
Highlighted Provisions:
This bill:
defines terms and modifies definitions;
provides that a mobile telecommunications service shall provide communication device 
location information as quickly as possible under certain circumstances;
adds certain law enforcement warrants that are prioritized as urgent regarding a missing 
individual in danger to the list of circumstances under which a mobile 
telecommunications service shall provide communication device location information as 
quickly as possible;
requires, if a mobile telecommunications service establishes procedures for providing 
communication device location information, a method for a law enforcement agency to 
identify different types of requested information; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-10-104.5
, as last amended by Laws of Utah 2022, Chapter 430
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53-10-104.5
 is amended to read:
53-10-104.5
. Wireless service -- Communication device location information in 
emergencies and certain urgent situations.
(1)
As used in this section:
(a)
"Call 
"Communication device" means the same as that term is defined in Section 
76-8-311.3
.
(b)
(i)
"Communication device data" means information obtained from the available 
records or other network data concerning a specific communication device that 
may help to reveal the location of the communication device.
(ii)
"Communication device data" includes, if the data will help to reveal the location 
of a specific communication device:
(A)
call logs;
(B)
GPS tracking data;
(C)
application data;
(D)
browser history;
(E)
email records;
(F)
photos and videos;
(G)
SMS and MMS messages; and
(H)
contact details.
(c)
(i)
"Communication device 
location information" means the best available location 
information, including information obtained by use of historical cellular site 
information or a mobile locator tool
 for a communication device or a 
telecommunication device
.
(ii)
"Communication device location information" includes communication device 
data.
(b)
(d)
"Law enforcement agency" or "agency" has the same definition as in Section 
53-1-102
.
(c)
(e)
"Mobile telecommunications service" has the same definition as in Section 
54-8b-2
.
(f)
"Serious bodily injury" means the same as that term is defined in Section 
76-1-101.5
.
(d)
(g)
"Telecommunication device" has the same definition as in Section 
76-6-409.5
.
(2)
A mobile telecommunications service shall provide 
call
communication device
location information 
as quickly as possible 
regarding a telecommunication device user 
or a communication device user 
whom a law enforcement agency
:
(a)
 has reason to believe is in need of services under Subsection 
(2)(a)
 or 
(b)
(2)(a)(i) 
or (ii)
, upon the request of a law enforcement agency or a public safety 
communications center if the agency or center determines the 
communication device 
location information is necessary in order to respond to:
(a)
(i)
a call for emergency response services; or
(b)
(ii)
an emergency situation that involves the imminent risk of death or serious 
bodily injury
 as defined in Section 
76-1-101.5
.
; or
(b)
has a warrant for the communication device location information for the 
telecommunication device user or communication device user who is missing, if the 
law enforcement agency has prioritized the warrant as urgent based on the law 
enforcement agency's determination that the user may be in danger of physical harm.
(3)
(a)
The mobile telecommunications service may establish procedures
 in accordance 
with 18 U.S.C. Sec. 2702(b)(8)
 for 
its voluntary response
the mobile 
telecommunications service's response
 to a request for location under Subsection 
(2)
.
(b)
If a mobile telecommunications service establishes procedures under Subsection 
(3)(a)
, the procedures shall include a method for a law enforcement agency to 
identify a situation under Subsection 
(2)(a)
 and a prioritized warrant described in 
Subsection 
(2)(b)
.
(4)
A mobile telecommunications service that, acting in good faith, provides 
information as 
requested under Subsection 
(2)
 may not be held civilly liable for providing the 
information.
(5)
(a)
The division shall obtain contact information from all mobile telecommunication 
service providers that provide services in this state to facilitate communicating 
location requests under Subsection 
(2)
.
(b)
The division shall provide the contact information to all public safety 
communications centers in the state and shall provide updates to the contact 
information.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 12:49 PM