Chief Sponsor: Mark B. Madsen

House Sponsor: John Knotwell


8     General Description:
9          This bill enacts provisions relating to the use of an imaging surveillance device by a
10     government entity.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     describes the circumstances under which a government entity is required to obtain a
15     warrant in order to use an imaging surveillance device;
16          ▸     describes exceptions to the requirement to obtain a warrant;
17          ▸     imposes notification requirements relating to the use of an imaging surveillance
18     device; and
19          ▸     addresses data use and retention.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:
26          77-23d-101, Utah Code Annotated 1953
27          77-23d-102, Utah Code Annotated 1953
28          77-23d-103, Utah Code Annotated 1953
29          77-23d-104, Utah Code Annotated 1953

30          77-23d-105, Utah Code Annotated 1953

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 77-23d-101 is enacted to read:

35          77-23d-101. Title.
36          This chapter is known as "Imaging Surveillance Privacy."
37          Section 2. Section 77-23d-102 is enacted to read:
38          77-23d-102. Definitions.
39          As used in this chapter:
40          (1) "Government entity" means the state, a county, a municipality, a higher education
41     institution, a local district, a special service district, or any other political subdivision of the
42     state or an administrative subunit of any political subdivision, including a law enforcement
43     entity or any other investigative entity, agency, department, division, bureau, board, or
44     commission, or an individual acting or purporting to act for or on behalf of a state or local
45     agency.
46          (2) "Imaging surveillance device" means a device that uses radar, sonar, infrared, or
47     other remote sensing or detection technology used by the individual operating the device to
48     obtain information, not otherwise directly observable, about individuals, items, or activities
49     within a closed structure.
50          (3) "Target" means a person or a structure upon which a government entity
51     intentionally collects or attempts to collect information using an imaging surveillance device.
52          Section 3. Section 77-23d-103 is enacted to read:
53          77-23d-103. Use of imaging surveillance device -- Warrant required -- Exceptions.
54          (1) Except as provided in Subsection (2), a government entity may not operate an
55     imaging surveillance device without a search warrant issued upon probable cause.
56          (2) A government entity may operate an imaging surveillance device without a search
57     warrant:

58          (a) for testing equipment or training if the testing or training:
59          (i) is not conducted as part of an investigation or law enforcement activity; and
60          (ii) is conducted with the knowledge and consent of:
61          (A) each individual who is imaged; and
62          (B) an owner of each property that is imaged;
63          (b) in exigent circumstances; or
64          (c) in fresh pursuit of a person suspected of committing a felony.
65          Section 4. Section 77-23d-104 is enacted to read:
66          77-23d-104. Notification required -- Delayed notification.
67          (1) Except as provided in Subsection (2), a government entity that executes a search
68     warrant that authorizes the use of an imaging surveillance device shall, within 14 days after the
69     day on which the warrant is executed, provide notice to the individual who owns, resides in, or
70     rents the structure specified in the warrant that states:
71          (a) that a warrant was applied for and granted;
72          (b) the type of warrant issued;
73          (c) the period of time during which the collection of data from the structure was
74     authorized;
75          (d) the offense specified in the application for the warrant;
76          (e) the identity of the government entity that filed the application; and
77          (f) the name of the court that issued the warrant.
78          (2) A government entity seeking a warrant described in Subsection 77-23d-103(1) may
79     submit a request, and the court may grant permission, to delay the notification described in
80     Subsection (1) for a period not to exceed 30 days, if the court determines that there is probable
81     cause to believe that the notification may:
82          (a) endanger the life or physical safety of an individual;
83          (b) cause an individual to flee from prosecution;
84          (c) lead to the destruction of or tampering with evidence;
85          (d) result in the intimidation of a potential witness; or

86          (e) otherwise seriously jeopardize an investigation or unduly delay a trial.
87          (3) When a delay of notification is granted under Subsection (2), and upon application
88     by the government entity, the court may grant additional extensions of up to 30 days each.
89          (4) Upon expiration of the period of delayed notification granted under Subsection (2)
90     or (3), the government entity shall serve upon or deliver by first-class mail to the individual
91     who owns, resides in, or rents the structure specified in the warrant a copy of the warrant
92     together with a notice that:
93          (a) states with reasonable specificity the nature of the law enforcement inquiry; and
94          (b) contains:
95          (i) the information described in Subsections (1)(a) through (f);
96          (ii) a statement that notification of the search was delayed;
97          (iii) the name of the court that authorized the delay of notification; and
98          (iv) a reference to the provision of this chapter that allowed the delay of notification.
99          (5) A government entity is not required to notify the owner of a structure if the owner
100     is located outside of the United States.
101          Section 5. Section 77-23d-105 is enacted to read:
102          77-23d-105. Data use and retention.
103          (1) Except as provided in Subsection (2), a government entity:
104          (a) may not use, copy, or disclose data collected using an imaging surveillance device
105     on an individual or structure that is not a target; and
106          (b) shall ensure that data described in Subsection (1)(a) is destroyed as soon as
107     reasonably possible after the government entity collects or receives the data.
108          (2) A government entity is not required to comply with Subsection (1) if:
109          (a) deleting the data would also require the deletion of data that:
110          (i) relates to the target of the operation; and
111          (ii) is requisite for the success of the operation;
112          (b) the government entity receives the data:
113          (i) through a court order that:

114          (A) requires a person to release the data to the government entity; or
115          (B) prohibits the destruction of the data; or
116          (ii) from a person who is a nongovernment actor;
117          (c) (i) the data was collected inadvertently; and
118          (ii) the data appears to pertain to the commission of a crime; or
119          (d) (i) the government entity reasonably determines that the data pertains to an
120     emergency situation; and
121          (ii) using or disclosing the data would assist in remedying the emergency.