<section number="53-10-105.1"><effdate>5/6/2026</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">245</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Requirements for mobile device forensics services by a local law enforcement agency.</catchline><subsection number="53-10-105.1(1)">As used in this section:<subsection number="53-10-105.1(1)(a)">"Law enforcement interlocal entity" means an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act, that provides law enforcement services.</subsection><subsection number="53-10-105.1(1)(b)">"Law enforcement special district" means a district that provides law enforcement services under:<subsection number="53-10-105.1(1)(b)(i)">Title 17B, Limited Purpose Local Government Entities - Special Districts; or</subsection><subsection number="53-10-105.1(1)(b)(ii)">Title 17D, Chapter 1, Special Service District Act.</subsection></subsection><subsection number="53-10-105.1(1)(c)">"Local law enforcement agency" means an entity that:<subsection number="53-10-105.1(1)(c)(i)">exists primarily to prevent and detect crime and enforce criminal laws, statutes, or ordinances; and</subsection><subsection number="53-10-105.1(1)(c)(ii)">is operated by:<subsection number="53-10-105.1(1)(c)(ii)(A)">a municipality;</subsection><subsection number="53-10-105.1(1)(c)(ii)(B)">a county;</subsection><subsection number="53-10-105.1(1)(c)(ii)(C)">a law enforcement interlocal entity; or</subsection><subsection number="53-10-105.1(1)(c)(ii)(D)">a law enforcement special district. </subsection></subsection></subsection><subsection number="53-10-105.1(1)(d)">"Mobile device" means a phone or general purpose tablet that:<subsection number="53-10-105.1(1)(d)(i)">provides cellular or wireless connectivity;</subsection><subsection number="53-10-105.1(1)(d)(ii)">is capable of connecting to the internet;</subsection><subsection number="53-10-105.1(1)(d)(iii)">runs a mobile operating system; and</subsection><subsection number="53-10-105.1(1)(d)(iv)">is capable of running a software application or electronic service through the mobile operating system.</subsection></subsection><subsection number="53-10-105.1(1)(e)">"Mobile device forensics services" means a facility, equipment, or other type of capability that provides digital forensic evidence services by collecting and examining digital evidence on a mobile device.</subsection><subsection number="53-10-105.1(1)(f)">"Municipality" means the same as that term is defined in Section <xref depth="3" refnumber="10-1-104">10-1-104</xref>.</subsection><subsection number="53-10-105.1(1)(g)">"Participating agency" means a local law enforcement agency that is providing, or otherwise paying for, adequately trained personnel to staff the Regional Computer Forensics Laboratory for at least 2,000 hours per year, either directly through the local law enforcement agency or through the entity that operates the local law enforcement agency.</subsection><subsection number="53-10-105.1(1)(h)">"Regional Computer Forensics Laboratory" means the digital forensics laboratory that is operated by the Federal Bureau of Investigation in partnership with other federal, state, and local law enforcement agencies, for the region that includes Utah.</subsection></subsection><subsection number="53-10-105.1(2)">On or before January 1, 2027, a local law enforcement agency shall:<subsection number="53-10-105.1(2)(a)">have the local law enforcement agency's own mobile device forensics services;</subsection><subsection number="53-10-105.1(2)(b)">have a contract, partnership, or agreement with another entity that allows the local law enforcement agency to share in the use of mobile device forensics services, not including the Regional Computer Forensics Laboratory; or</subsection><subsection number="53-10-105.1(2)(c)">qualify as a participating agency.</subsection></subsection><subsection number="53-10-105.1(3)">Notwithstanding Subsection <xref depth="4" refnumber="53-10-105.1(2)">(2)</xref>, a local law enforcement agency may use the Regional Computer Forensics Laboratory to access:<subsection number="53-10-105.1(3)(a)">self-serve equipment that provides mobile device forensics services; and</subsection><subsection number="53-10-105.1(3)(b)">advanced mobile device forensics services in a situation when standard mobile device forensics services have failed, or would fail, to access digital evidence on a mobile device.</subsection></subsection></section>