Section 1. Section 63G-7-301 is amended to read:63G-7-301. Waivers of immunity.(1)(a)Immunity from suit of each governmental entity is waived as to any contractual obligation.(b)Actions arising out of contractual rights or obligations are not subject to the requirements of Section 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.(c)The Division of Water Resources is not liable for failure to deliver water from a reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development Act, if the failure to deliver the contractual amount of water is due to drought, other natural condition, or safety condition that causes a deficiency in the amount of available water.(2)Immunity from suit of each governmental entity is waived:(a)as to any action brought to recover, obtain possession of, or quiet title to real or personal property;(b)as to any action brought to foreclose mortgages or other liens on real or personal property, to determine any adverse claim on real or personal property, or to obtain an adjudication about any mortgage or other lien that the governmental entity may have or claim on real or personal property;(c)as to any action based on the negligent destruction, damage, or loss of goods, merchandise, or other property while it is in the possession of any governmental entity or employee, if the property was seized for the purpose of forfeiture under any provision of state law;(d)subject to Section 63G-7-302, as to any action brought under the authority of Utah Constitution, Article I, Section 22, for the recovery of compensation from the governmental entity when the governmental entity has taken or damaged private property for public uses without just compensation;(e)as to any claim for attorney fees or costs under Section 63G-2-209, 63G-2-405, or 63G-2-802;(f)for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees Act;(g)as to any action brought to obtain relief from a land use regulation that imposes a substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious Land Use Act;(h)except as provided in Subsection 63G-7-201(3), as to any injury caused by:(i)a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or(ii)any defective or dangerous condition of a public building, structure, dam, reservoir, or other public improvement;(i)subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury proximately caused by a negligent act or omission of an employee committed within the scope of employment;(j)notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from a sexual battery, as provided in Section 76-5-418, committed:(i)against a student of a public elementary or secondary school, including a charter school; and(ii)by an employee of a public elementary or secondary school or charter school who:(A)at the time of the sexual battery, held a position of special trust, as defined in Section 76-5-404.1, with respect to the student;(B)is criminally charged in connection with the sexual battery; and(C)the public elementary or secondary school or charter school knew or in the exercise of reasonable care should have known, at the time of the employee's hiring, to be a sex offender, a kidnap offender, or a child abuse offender as described in Section 53-29-202, required to register under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, whose status as a sex offender, kidnap offender, or child abuse offender would have been revealed in a background check under Section 53G-11-402;(k)as to any action brought under Section 78B-6-2303; (l)as to any action brought to obtain relief under Title 53H, Chapter 7, Part 7, Student Legal Representation;(m)as to any action brought under Section 53-30-301; and(n)as to any action or suit brought under Section 20A-19-301 and as to any compensation or expenses awarded under Subsection 20A-19-301(5).; and(o)as to any action brought under Section 77-23e-204.(3)(a)As used in this Subsection (3):(i)"Code of conduct" means a code of conduct that:(A)is not less stringent than a model code of conduct, created by the State Board of Education, establishing a professional standard of care for preventing the conduct described in Subsection (3)(a)(i)(D);(B)is adopted by the applicable local education governing body;(C)regulates behavior of a school employee toward a student; and(D)includes a prohibition against any sexual conduct between an employee and a student and against the employee and student sharing any sexually explicit or lewd communication, image, or photograph.(ii)"Local education agency" means:(A)a school district;(B)a charter school; or(C)the Utah Schools for the Deaf and the Blind.(iii)"Local education governing board" means:(A)for a school district, the local school board;(B)for a charter school, the charter school governing board; or(C)for the Utah Schools for the Deaf and the Blind, the state board.(iv)"Public school" means a public elementary or secondary school.(v)"Sexual abuse" means the offense described in Subsection 76-5-404.1(2).(vi)"Sexual battery" means the offense described in Section 76-5-418, considering the term "child" in that section to include an individual under 18 years old.(b)Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a claim against a local education agency for an injury resulting from a sexual battery or sexual abuse committed against a student of a public school by a paid employee of the public school who is criminally charged in connection with the sexual battery or sexual abuse, unless:(i)at the time of the sexual battery or sexual abuse, the public school was subject to a code of conduct; and(ii)before the sexual battery or sexual abuse occurred, the public school had:(A)provided training on the code of conduct to the employee; and(B)required the employee to sign a statement acknowledging that the employee has read and understands the code of conduct.(4)(a)As used in this Subsection (4):(i)"Institution of higher education" means the same as that term is defined in Section 53H-1-101.(ii)"Policy governing behavior" means a policy adopted by a higher education institution or the Utah Board of Higher Education that:(A)establishes a professional standard of care for preventing the conduct described in Subsections (4)(a)(ii)(C) and (D);(B)regulates behavior of a special trust employee toward a subordinate student;(C)includes a prohibition against any sexual conduct between a special trust employee and a subordinate student; and(D)includes a prohibition against a special trust employee and subordinate student sharing any sexually explicit or lewd communication, image, or photograph.(iii)"Sexual battery" means the offense described in Section 76-5-418.(iv)"Special trust employee" means an employee of an institution of higher education who is in a position of special trust, as defined in Section 76-5-404.1, with a higher education student.(v)"Subordinate student" means a student:(A)of an institution of higher education; and(B)whose educational opportunities could be adversely impacted by a special trust employee.(b)Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a claim for an injury resulting from a sexual battery committed against a subordinate student by a special trust employee, unless:(i)the institution of higher education proves that the special trust employee's behavior that otherwise would constitute a sexual battery was:(A)with a subordinate student who was at least 18 years old at the time of the behavior; and(B)with the student's consent; or(ii)(A)at the time of the sexual battery, the institution of higher education was subject to a policy governing behavior; and(B)before the sexual battery occurred, the higher education institution had taken steps to implement and enforce the policy governing behavior.

Section 2. Section 63I-1-277 is amended to read:63I-1-277. Repeal dates: Title 77.ReservedSection 77-23e-205, regarding annual reporting requirements for law enforcement agency use of a surveillance or investigatory technology, is repealed July 1, 2033.

Section 3. Section 77-23e-102 is amended to read:23e. Limitations on Government Use of Technology1. Government Use of Facial Recognition Technology77-23e-102. Definitions.As used in this chapterpart:(1)"Department" means the Department of Public Safety, created in Section 53-1-103.(2)"Facial biometric data" means data derived from a measurement, pattern, contour, or other characteristic of an individual's face, either directly or from an image.(3)(a)"Facial recognition comparison" means the process of comparing an image or facial biometric data to an image database.(b)"Facial recognition comparison" does not include biometric surveillance information as that term is defined in Section 77-23d-102.(4)(a)"Facial recognition system" means a computer system that, for the purpose of attempting to determine the identity of an unknown individual, uses an algorithm to compare biometric data of the face of the unknown individual to facial biometric data of known individuals.(b)"Facial recognition system" does not include:(i)a system described in Subsection (4)(a) that is available for use, free of charge, by the general public; or(ii)a system a consumer uses for the consumer's private purposes.(5)(a)"Government entity" means:(i)an executive department agency of the state;(ii)the office of:(A)the governor;(B)the lieutenant governor;(C)the state auditor;(D)the attorney general; or(E)the state treasurer;(iii)the Board of Pardons and Parole;(iv)the Board of Examiners;(v)the National Guard;(vi)the Career Service Review Office;(vii)the State Board of Education;(viii)the Utah Board of Higher Education;(ix)the State Archives;(x)the Office of the Legislative Auditor General;(xi)the Office of Legislative Fiscal Analyst;(xii)the Office of Legislative Research and General Counsel;(xiii)the Legislature;(xiv)a legislative committee of the Legislature;(xv)a court, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;(xvi)an institution of higher education as that term is defined in Section 53H-1-101;(xvii)an entity within the system of public education that receives funding from the state; or(xviii)a political subdivision of the state as that term is defined in Section 63G-7-102.(b)"Government entity" includes:(i)every office, agency, board, bureau, committee, department, advisory board, or commission of an entity described in Subsection (5)(a) that is funded or established by the government to carry out the public's business; or(ii)an individual acting as an agent of a government entity or acting on behalf of an entity described in this Subsection (5).(6)(a)"Image database" means a database maintained by a government entity that contains images the government entity captures of an individual while the individual interacts with the government entity.(b)"Image database" does not include publicly available information.(7)"Law enforcement agency" means a public entity that exists primarily to prevent, detect, or prosecute crime or enforce criminal statutes or ordinances.(8)"Trained employee" means an individual who is trained to make a facial recognition comparison and identification and who has completed implicit bias training.

Section 4. Section 77-23e-201 is enacted to read:2. Limitations on Law Enforcement Use of Technology for Surveillance or Investigatory Purposes 77-23e-201. Definitions.As used in this part:(1)"Artificial intelligence technology" means the same as that term is defined in Section 13-72-101.(2)"Biometric surveillance information" means the same as that term is defined in Section 77-23d-102.(3)"Declared emergency" means a state of emergency that is declared by:(a)the president of the United States;(b)the governor in an executive order under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; or(c)the chief executive officer of a political subdivision in a proclamation under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.(4)"Facial recognition system" means the same as that term is defined in Section 77-23e-102.(5)"Imaging surveillance device" means the same as that term is defined in Section 77-23d-102.(6)"Law enforcement agency" means the same as that term is defined in Section 77-23e-102.(7)"Location tracking" means information concerning the location of an individual or an electronic device.(8)"Open-source data gathering" means the collection or analysis of information from social media platforms, websites, or other digital actions or communications.(9)"Reverse-keyword information" means the same as that term is defined in Section 77-23f-101.(10)"Reverse-location information" means the same as that term is defined in Section 77-23f-101.(11)"Surveillance" means observing, collecting, monitoring, or recording an individual's digital or physical activities or communications.(12)"Surveillance or investigatory technology" means a technology that can be used for surveillance or the investigation of alleged criminal activity, using:(a)biometric surveillance information;(b)a facial recognition system;(c)an imaging surveillance device;(d)location tracking;(e)open-source data gathering;(f)reverse-keyword information; or(g)reverse-location data.(13)(a)"Technology" means a computer system, device, application, software, hardware, algorithm, program, or a similar product.(b)"Technology" includes artificial intelligence technology.

Section 5. Section 77-23e-202 is enacted to read:77-23e-202. Limitations on law enforcement agency use of technology for surveillance or investigatory purposes -- Exceptions.(1)(a)Except as provided in Subsection (2), on or after July 1, 2027, a law enforcement agency may not use a surveillance or investigatory technology unless the use of the surveillance or investigatory technology is specifically authorized by state statute.(b)A state statute that regulates the use of a surveillance or investigatory technology constitutes an authorization under Subsection (1)(a).(c)A law enforcement agency is considered to be using a surveillance or investigatory technology under this section regardless of whether:(i)the law enforcement agency's use is based on a purchase, contract, trial, pilot program, or demonstration; or(ii)the law enforcement agency obtains information from the use of a surveillance or investigatory technology by requesting or directing another entity to use the surveillance or investigatory technology on the law enforcement agency's behalf.(2)A law enforcement agency may use a surveillance or investigatory technology that is not specifically permitted by state statute if the use of the surveillance or investigatory technology is:(a)limited to one 30-day period; and(b)in response to a declared emergency.(3)(a)Except as provided in Subsection (3)(b), an update or upgrade to, or expansion of, a surveillance or investigatory technology that is authorized for use under Subsection (1)(a) is not considered a new surveillance or investigatory technology that requires a new statutory authorization under Subsection (1)(a).(b)An update or upgrade to, or expansion of, an existing surveillance or investigatory technology authorized under Subsection (1)(a) requires a new statutory authorization if the update, upgrade, or expansion adds or enables a new operational capability or data collection or analysis function.(4)Nothing in this section permits the use of any technology that is prohibited under state or federal law, and a surveillance or investigatory technology may only be used as permitted under applicable state and federal law.

Section 6. Section 77-23e-203 is enacted to read:77-23e-203. Exclusion of information.Information obtained in violation of the provisions of this part is subject to the rules governing exclusion as if the information were obtained in violation of the Fourth Amendment to the United States Constitution or Utah Constitution, Article I, Section 14.

Section 7. Section 77-23e-204 is enacted to read:77-23e-204. Right of action for violation.(1)Subject to Section 78B-3-101.3, a person who has been injured by a law enforcement agency's use of a surveillance or investigatory technology in violation of Section 77-23e-202 may bring an action against the law enforcement agency for the relief described in Subsection (2) if:(a)the law enforcement agency's use of the surveillance or investigatory technology was a knowing or reckless violation of Section 77-23e-202; and(b)the information obtained as a result of the violation described in Subsection (1)(a) caused the person's injury.(2)If in the action described in Subsection (1) the court finds by a preponderance of the evidence a violation described in Subsection (1), the court shall award:(a)compensatory damages established by the plaintiff, or $2,000, whichever is greater;(b)preliminary and other equitable or declaratory relief; and(c)reasonable attorney fees and reasonably incurred litigation costs.(3)It is a complete defense to an action brought under this section if the law enforcement agency acted under a good faith determination that Section 77-23e-202 permitted the conduct that caused the violation of Section 77-23e-202.

Section 8. Section 77-23e-205 is enacted to read:77-23e-205. Annual reporting requirements for law enforcement agency use of a surveillance or investigatory technology.(1)Beginning on July 1, 2028, a law enforcement agency shall annually, on or before July 1 of each year, report to the State Commission on Criminal and Juvenile Justice:(a)the type and, if applicable, the name and vendor, for each surveillance or investigatory technology that the law enforcement agency used during the preceding year; and(b)the authorization under Section 77-23e-202 for each item described in Subsection (1)(a), including:(i)for an authorization under Subsection 77-23e-202(1)(a), for a surveillance or investigatory technology that is authorized by state statute, the citation to the state statute that authorizes the use of the surveillance or investigatory technology; and(ii)for an authorization under Subsection 77-23e-202(2), for a surveillance or investigatory technology temporarily used in response to a declared emergency:(A)the dates that the surveillance or investigatory technology were used by the law enforcement agency;(B)the date of the declared emergency; and (C)the entity that declared the emergency.(2)The State Commission on Criminal and Juvenile Justice shall:(a)compile a report of the data submitted under Subsection (1); and(b)annually on or before October 1, provide the report to the Law Enforcement and Criminal Justice Interim Committee.

Section 9. Repealer.Title.

Section 10. Effective Date.This bill takes effect on May 6, 2026.