Mr. President:
The Judiciary, Law Enforcement, and Criminal Justice Committee reports a favorable
recommendation on 1st Sub. H.B. 128, ELECTRONIC DEVICE LOCATION
AMENDMENTS, by Representative R. Wilcox, with the following amendments:
Respectfully,
Mark B. Madsen
Voting: 5-0-2
1. Page
3, Lines 69 through 75
House Floor Amendments
3-3-2014
:
69
(2) A government entity may obtain location information without a warrant for an
70
electronic device:
71
(a) in accordance with Section
53-10-104.5
;
72
(b) if the device is reported stolen by the owner;
73
(c) with the informed, affirmative consent of the owner or user of the electronic
device;
74
(d) in accordance with judicially recognized exceptions to warrant requirements;
or
}
75
(e) if the owner has voluntarily and publicly disclosed the location information
(f) if the device is state-owned or is being used by a state employee to access
private data on the state network while conducting state business
2. Page
3, Lines 81 through 84
House Floor Amendments
3-3-2014
:
81
(1) Except as provided in Subsection (2), a government entity that executes a
warrant
82
pursuant to Subsection
77-23c-102
(1)(a) shall, within 14 days after the day on which the
83
operation
commences
}
concludes
, issue a notification to the owner of the
electronic device specified in the
84
warrant that states:
Committee Chair
3 HB0128.SC1.wpd nbrady/NWB ECM/CBL 3/6/14 6:45 pm
Bill Number
*HB0128S01*
HB0128S01