Senator Karen Mayne proposes the following substitute bill:




Chief Sponsor: Karen Mayne

House Sponsor: Paul Ray


8     General Description:
9          This bill modifies provisions relating to criminal offenses and penalties in the Utah
10     Code.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     modifies criminal offenses and penalties relating to:
15               •     clandestine drug labs;
16               •     electronic communications harassment; and
17               •     return of a marriage license to a county clerk;
18          ▸     repeals the offense of fornication; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:

26          30-1-11, as last amended by Laws of Utah 2018, Chapter 148
27          58-37d-2, as last amended by Laws of Utah 2013, Chapter 278
28          58-37d-3, as last amended by Laws of Utah 2013, Chapters 262 and 413
29          58-37d-4, as last amended by Laws of Utah 2008, Chapter 305
30          58-37d-5, as last amended by Laws of Utah 2003, Chapter 115
31          58-37d-6, as enacted by Laws of Utah 1992, Chapter 156
32          76-9-201, as last amended by Laws of Utah 2018, Chapter 444
33          77-22-2, as last amended by Laws of Utah 2009, Chapter 6
34          77-22-2.5, as last amended by Laws of Utah 2017, Chapter 447
35     REPEALS:
36          76-7-104, as enacted by Laws of Utah 1973, Chapter 196

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 30-1-11 is amended to read:
40          30-1-11. Return of license after ceremony -- Failure -- Penalty.
41          (1) The individual solemnizing the marriage shall within 30 days [thereafter] after
42     solemnizing the marriage return the license to the clerk of the county [whence it issued] that
43     issues the license, with a certificate of the marriage over the individual's signature, giving the
44     date and place of celebration and the names of two or more witnesses present at the marriage.
45          (2) An individual described in Subsection (1) who fails to [make the return] return the
46     license is guilty of [a class B misdemeanor] an infraction.
47          Section 2. Section 58-37d-2 is amended to read:
48          58-37d-2. Purpose.
49          The clandestine production of methamphetamine, other amphetamines, phencyclidine,
50     narcotic analgesic analogs, so-called "designer drugs," various hallucinogens, concentrated
51     tetrahydrocannabinols, counterfeit opioids, cocaine and methamphetamine, base "crack"
52     cocaine and methamphetamine "ice" respectively, has increased dramatically throughout the
53     western states and Utah. These highly technical illegal operations create substantial dangers to
54     the general public and environment from fire, explosions, and the release of toxic chemicals.
55     By their very nature these activities often involve a number of persons in a conspiratorial
56     enterprise to bring together all necessary components for clandestine production, to thwart

57     regulation and detection, and to distribute the final product. Therefore, the Legislature enacts
58     the following Utah Clandestine Laboratory Act for prosecution of specific illegal laboratory
59     operations. With regard to the controlled substances specified herein, this act shall control,
60     notwithstanding the prohibitions and penalties in Title 58, Chapter 37, Utah Controlled
61     Substances Act.
62          Section 3. Section 58-37d-3 is amended to read:
63          58-37d-3. Definitions.
64          (1) As used in this chapter:
65          (a) (i) "Booby trap" means a concealed or camouflaged device designed to cause bodily
66     injury when triggered by the action of a person making contact with the device.
67          (ii) "Booby trap" includes guns, ammunition, or explosive devices attached to trip
68     wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines
69     or wires with hooks attached, and devices for the production of toxic fumes or gases.
70          (b) "Clandestine laboratory operation" means the:
71          (i) purchase or procurement of chemicals, supplies, equipment, or laboratory location
72     for the illegal manufacture of specified controlled substances;
73          (ii) transportation or arranging for the transportation of chemicals, supplies, or
74     equipment for the illegal manufacture of specified controlled substances;
75          (iii) setting up of equipment or supplies in preparation for the illegal manufacture of
76     specified controlled substances;
77          (iv) activity of compounding, synthesis, concentration, purification, separation,
78     extraction, or other physical or chemical processing of a substance, including a controlled
79     substance precursor, or the packaging, repackaging, labeling, or relabeling of a container
80     holding a substance that is a product of any of these activities, when the substance is to be used
81     for the illegal manufacture of specified controlled substances;
82          (v) illegal manufacture of specified controlled substances; or
83          (vi) distribution or disposal of chemicals, equipment, supplies, or products used in or
84     produced by the illegal manufacture of specified controlled substances.
85          (c) "Controlled substance precursor" means those chemicals designated in Title 58,
86     Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in
87     Subsections 58-37c-3(1)(kk) and (ll).

88          (d) "Counterfeit opioid" means an opioid or container or labeling of an opioid that:
89          (i) (A) without authorization bears the trademark, trade name, or other identifying
90     mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or
91     dispenser other than the person or persons who in fact manufactured, distributed, or dispensed
92     the substance which falsely purports to be an opioid distributed by another manufacturer,
93     distributor, or dispenser; and
94          (B) a reasonable person would believe to be an opioid distributed by an authorized
95     manufacturer, distributor, or dispenser based on the appearance of the substance as described
96     under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or
97          (ii) (A) is falsely represented to be any legally or illegally manufactured opioid; and
98          (B) a reasonable person would believe to be a legal or illegal opioid.
99          [(d)] (e) "Disposal" means the abandonment, discharge, deposit, injection, dumping,
100     spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or
101     water so that the material may enter the environment, be emitted into the air, or discharged into
102     any waters, including groundwater.
103          [(e)] (f) "Hazardous or dangerous material" means a substance that because of its
104     quantity, concentration, physical characteristics, or chemical characteristics may cause or
105     significantly contribute to an increase in mortality, an increase in serious illness, or may pose a
106     substantial present or potential future hazard to human health or the environment when
107     improperly treated, stored, transported, disposed of, or otherwise improperly managed.
108          [(f)] (g) "Illegal manufacture of specified controlled substances" means in violation of
109     Title 58, Chapter 37, Utah Controlled Substances Act, the:
110          (i) compounding, synthesis, concentration, purification, separation, extraction, or other
111     physical or chemical processing for the purpose of producing methamphetamine, other
112     amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act,
113     phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled
114     Substances Act, lysergic acid diethylamide, [or] mescaline, tetrahydrocannabinol, or counterfeit
115     opioid;
116          (ii) conversion of cocaine or methamphetamine to their base forms; or
117          (iii) extraction, concentration, or synthesis of [marijuana as that drug is defined in
118     Section 58-37-2] tetrahydrocannabinol.

119          (h) "Opioid" means the same as that term is defined in Section 58-37f-303.
120          (i) "Tetrahydrocannabinol" means the same as that term is defined in Section
121     58-37-3.6.
122          (2) Unless otherwise specified, the definitions in Section 58-37-2 also apply to this
123     chapter.
124          Section 4. Section 58-37d-4 is amended to read:
125          58-37d-4. Prohibited acts -- Second degree felony.
126          (1) It is unlawful for any person to knowingly or intentionally:
127          (a) possess a controlled substance or a controlled substance precursor with the intent to
128     engage in a clandestine laboratory operation;
129          (b) possess laboratory equipment or supplies with the intent to engage in a clandestine
130     laboratory operation;
131          (c) sell, distribute, or otherwise supply a controlled substance, controlled substance
132     precursor [chemical], laboratory equipment, or laboratory supplies, knowing or having
133     reasonable cause to believe any of these items will be used for a clandestine laboratory
134     operation;
135          (d) evade the recordkeeping provisions of Title 58, Chapter 37c, Utah Controlled
136     Substance Precursor Act, knowing or having reasonable cause to believe that the material
137     distributed or received will be used for a clandestine laboratory operation;
138          (e) conspire with or aid another to engage in a clandestine laboratory operation;
139          (f) produce or manufacture, or possess with intent to produce or manufacture a
140     controlled or counterfeit substance except as authorized under Title 58, Chapter 37, Utah
141     Controlled Substances Act;
142          (g) transport or convey a controlled or counterfeit substance with the intent to
143     distribute or to be distributed by the person transporting or conveying the controlled or
144     counterfeit substance or by [any other] another person regardless of whether the final
145     destination for the distribution is within this state or [any other] another location; or
146          (h) engage in compounding, synthesis, concentration, purification, separation,
147     extraction, or other physical or chemical processing of any substance, including a controlled
148     substance precursor, or the packaging, repackaging, labeling, or relabeling of a container
149     holding a substance that is a product of any of these activities, knowing or having reasonable

150     cause to believe that the substance is a product of any of these activities and will be used in the
151     illegal manufacture of specified controlled substances.
152          (2) A person who violates [any provision of] Subsection (1) is guilty of a second
153     degree felony punishable by imprisonment for an indeterminate term of not less than [3] three
154     years nor more than 15 years.
155          Section 5. Section 58-37d-5 is amended to read:
156          58-37d-5. Prohibited acts -- First degree felony.
157          (1) A person who violates Subsection 58-37d-4(1)(a), (b), (e), (f), or (h) is guilty of a
158     first degree felony if the trier of fact also finds any one of the following conditions occurred in
159     conjunction with that violation:
160          (a) possession of a firearm;
161          (b) use of a booby trap;
162          (c) illegal possession, transportation, or disposal of hazardous or dangerous material or
163     while transporting or causing to be transported materials in furtherance of a clandestine
164     laboratory operation, there was created a substantial risk to human health or safety or a danger
165     to the environment;
166          (d) intended laboratory operation was to take place or did take place within 500 feet of
167     a residence, place of business, church, or school;
168          (e) clandestine laboratory operation actually produced any amount of a specified
169     controlled substance or a counterfeit opioid; or
170          (f) intended clandestine laboratory operation was for the production of cocaine base or
171     methamphetamine base.
172          (2) If the trier of fact finds that two or more of the conditions listed in Subsections
173     (1)(a) through (f) of this section occurred in conjunction with the violation, at sentencing for
174     the first degree felony:
175          (a) probation shall not be granted;
176          (b) the execution or imposition of sentence shall not be suspended; and
177          (c) the court shall not enter a judgment for a lower category of offense.
178          Section 6. Section 58-37d-6 is amended to read:
179          58-37d-6. Legal inference of intent -- Illegal possession of a controlled substance
180     precursor or clandestine laboratory equipment.

181          The trier of fact may infer that [the] a defendant intended to engage in a clandestine
182     laboratory operation if the defendant:
183          (1) is in illegal possession of a controlled substance precursor; or
184          (2) illegally possesses or attempts to illegally possess a controlled substance or
185     controlled substance precursor and is in possession of any one of the following pieces of
186     equipment:
187          (a) glass reaction vessel;
188          (b) separatory funnel;
189          (c) glass condenser;
190          (d) analytical balance; [or]
191          (e) heating mantle[.];
192          (f) pill press machine or similar device;
193          (g) closed loop extraction system;
194          (h) extraction tube; or
195          (i) rotary evaporator.
196          Section 7. Section 76-9-201 is amended to read:
197          76-9-201. Electronic communication harassment -- Definitions -- Penalties.
198          (1) As used in this section:
199          (a) "Adult" means [a person] an individual 18 years of age or older.
200          (b) "Electronic communication" means [any] a communication by electronic,
201     electro-mechanical, or electro-optical communication device for the transmission and reception
202     of audio, image, or text but does not include broadcast transmissions or similar
203     communications that are not targeted at [any] a specific individual.
204          (c) "Electronic communication device" includes a telephone, a facsimile machine,
205     electronic mail, a pager, a computer, or [any other] another device or medium that can be used
206     to communicate electronically.
207          (d) "Minor" means [a person] an individual who is younger than 18 years of age.
208          (e) "Personal identifying information" means the same as that term is defined in
209     Section 76-6-1102.
210          (2) A person is guilty of electronic communication harassment and subject to
211     prosecution in the jurisdiction where the communication originated or was received if with

212     intent to intimidate, abuse, threaten, harass, frighten, or disrupt the electronic communications
213     of another, the person:
214          (a) (i) makes repeated contact by means of electronic communications, regardless of
215     whether a conversation ensues; or
216          (ii) after the recipient has requested or informed the person not to contact the recipient,
217     and the person repeatedly or continuously:
218          (A) contacts the electronic communication device of the recipient; or
219          (B) causes an electronic communication device of the recipient to ring or to receive
220     other notification of attempted contact by means of electronic communication;
221          (b) makes contact by means of electronic communication and insults, taunts, or
222     challenges the recipient of the communication or any person at the receiving location in a
223     manner likely to provoke a violent or disorderly response;
224          (c) makes contact by means of electronic communication and threatens to inflict injury,
225     physical harm, or damage to any person or the property of any person; or
226          (d) causes disruption, jamming, or overload of an electronic communication system
227     through excessive message traffic or other means utilizing an electronic communication
228     device[; or].
229          [(e) electronically publishes, posts, or otherwise discloses personal identifying
230     information of another person, in a public online site or forum, without that person's
231     permission.]
232          (3) A person who electronically publishes, posts, or otherwise discloses personal
233     identifying information of another individual in a public online site or forum with the intent to
234     abuse, threaten, or disrupt the other individual's electronic communication and without the
235     other individual's permission is guilty of electronic communication harassment.
236          [(3)] (4) (a) (i) Electronic communication harassment committed against an adult is a
237     class B misdemeanor, except under Subsection [(3)] (4)(a)(ii).
238          (ii) A second or subsequent offense under Subsection [(3)] (4)(a)(i) is [a]:
239          (A) a class A misdemeanor if all prior violations of this section were committed
240     against adults; and
241          (B) a third degree felony if [any] a prior violation of this section was committed against
242     a minor.

243          (b) (i) Electronic communication harassment committed against a minor is a class A
244     misdemeanor, except as provided under Subsection [(3)] (4)(b)(ii).
245          (ii) A second or subsequent offense under Subsection [(3)] (4)(b)(i) is a third degree
246     felony, regardless of whether [any ] a prior violation of this section was committed against a
247     minor or an adult.
248          [(4)] (5) (a) Except as provided under Subsection [(4)] (5)(b), criminal prosecution
249     under this section does not affect an individual's right to bring a civil action for damages
250     suffered as a result of the commission of [any of the offenses] an offense under this section.
251          (b) This section does not create [any] a civil cause of action based on electronic
252     communications made for legitimate business purposes.
253          Section 8. Section 77-22-2 is amended to read:
254          77-22-2. Investigations -- Right to subpoena witnesses and require production of
255     evidence -- Contents of subpoena -- Rights of witnesses -- Interrogation before closed
256     court -- Disclosure of information.
257          (1) As used in this section, "prosecutor" means the [attorney general, county attorney,
258     district attorney, or municipal attorney] the same as that term is defined in Section 77-22-4.5.
259          (2) (a) In any matter involving the investigation of a crime or malfeasance in office, or
260     any criminal conspiracy or activity, the prosecutor may, upon application and approval of the
261     district court and for good cause shown, conduct a criminal investigation.
262          (b) The application and statement of good cause shall state whether [or not any other]
263     another investigative order related to the investigation at issue has been filed in another court.
264          (3) (a) Subject to the conditions established in Subsection (3)(b), the prosecutor may:
265          (i) subpoena witnesses;
266          (ii) compel their attendance and testimony under oath to be recorded by a suitable
267     electronic recording device or to be given before any certified court reporter; and
268          (iii) require the production of books, papers, documents, recordings, and any other
269     items that [constitute] are evidence or may be relevant to the investigation.
270          (b) The prosecutor shall:
271          (i) apply to the district court for each subpoena; and
272          (ii) show that the requested information is reasonably related to the criminal
273     investigation authorized by the court.

274          (4) (a) The prosecutor shall state in each subpoena:
275          (i) the time and place of the examination;
276          (ii) that the subpoena is issued in aid of a criminal investigation; and
277          (iii) the right of the person subpoenaed to have counsel present.
278          (b) The examination may be conducted anywhere within the jurisdiction of the
279     prosecutor issuing the subpoena.
280          (c) The subpoena need not disclose the names of possible defendants.
281          (d) Witness fees and expenses shall be paid as in a civil action.
282          (5) (a) At the beginning of each compelled interrogation, the prosecutor shall
283     personally inform each witness:
284          (i) of the general subject matter of the investigation;
285          (ii) of the privilege to, at any time during the proceeding, refuse to answer any question
286     or produce any evidence of a communicative nature that may result in self-incrimination;
287          (iii) that any information provided may be used against the witness in a subsequent
288     criminal proceeding; and
289          (iv) of the right to have counsel present.
290          (b) If the prosecutor has substantial evidence that the subpoenaed witness has
291     committed a crime that is under investigation, the prosecutor shall:
292          (i) inform the witness in person before interrogation of that witness's target status; and
293          (ii) inform the witness of the nature of the charges under consideration against the
294     witness.
295          (6) (a) (i) The prosecutor may make written application to any district court showing a
296     reasonable likelihood that publicly releasing information about the identity of a witness or the
297     substance of the evidence resulting from a subpoena or interrogation would pose a threat of
298     harm to a person or otherwise impede the investigation.
299          (ii) Upon a finding of reasonable likelihood, the court may order the:
300          (A) interrogation of a witness be held in secret;
301          (B) occurrence of the interrogation and other subpoenaing of evidence, the identity of
302     the person subpoenaed, and the substance of the evidence obtained be kept secret; and
303          (C) record of testimony and other subpoenaed evidence be kept secret unless the court
304     for good cause otherwise orders.

305          (b) After application, the court may by order exclude from any investigative hearing or
306     proceeding any persons except:
307          (i) the attorneys representing the state and members of their staffs;
308          (ii) persons who, in the judgment of the attorneys representing the state, are reasonably
309     necessary to assist in the investigative process;
310          (iii) the court reporter or operator of the electronic recording device; and
311          (iv) the attorney for the witness.
312          (c) This chapter does not prevent attorneys representing the state or members of their
313     staff from disclosing information obtained pursuant to this chapter for the purpose of furthering
314     any official governmental investigation.
315          (d) (i) If a secrecy order has been granted by the court regarding the interrogation or
316     disclosure of evidence by a witness under this subsection, and if the court finds a further
317     restriction on the witness is appropriate, the court may order the witness not to disclose the
318     substance of the witness's testimony or evidence given by the witness to others.
319          (ii) Any order to not disclose made under this subsection shall be served with the
320     subpoena.
321          (iii) In an appropriate circumstance the court may order that the witness not disclose
322     the existence of the investigation to others.
323          (iv) Any order under this Subsection (6)(d) must be based upon a finding by the court
324     that one or more of the following risks exist:
325          (A) disclosure by the witness would cause destruction of evidence;
326          (B) disclosure by the witness would taint the evidence provided by other witnesses;
327          (C) disclosure by the witness to a target of the investigation would result in flight or
328     other conduct to avoid prosecution;
329          (D) disclosure by the witness would damage a person's reputation; or
330          (E) disclosure by the witness would cause a threat of harm to any person.
331          (e) (i) If the court imposes an order under Subsection (6)(d) authorizing an instruction
332     to a witness not to disclose the substance of testimony or evidence provided and the
333     prosecuting agency proves by a preponderance of the evidence that a witness has violated that
334     order, the court may hold the witness in contempt.
335          (ii) An order of secrecy imposed on a witness under this Subsection (6)(e) may not

336     infringe on the attorney-client relationship between the witness and the witness's attorney or on
337     [any other] another legally recognized privileged relationship.
338          (7) (a) (i) The prosecutor may submit to any district court a separate written request
339     that the application, statement of good cause, and the court's order authorizing the investigation
340     be kept secret.
341          (ii) The request for secrecy is a public record under Title 63G, Chapter 2, Government
342     Records Access and Management Act, but need not contain any information that would
343     compromise any of the interest listed in Subsection (7)(c).
344          (b) With the court's permission, the prosecutor may submit to the court, in camera, any
345     additional information to support the request for secrecy if necessary to avoid compromising
346     the interests listed in Subsection (7)(c).
347          (c) The court shall consider all information in the application and order authorizing the
348     investigation and any information received in camera and shall order that all information be
349     placed in the public file except information that, if disclosed, would pose:
350          (i) a substantial risk of harm to a person's safety;
351          (ii) a clearly unwarranted invasion of or harm to a person's reputation or privacy; or
352          (iii) a serious impediment to the investigation.
353          (d) Before granting an order keeping secret documents and other information received
354     under this section, the court shall narrow the secrecy order as much as reasonably possible in
355     order to preserve the openness of court records while protecting the interests listed in
356     Subsection (7)(c).
357          Section 9. Section 77-22-2.5 is amended to read:
358          77-22-2.5. Court orders for criminal investigations for records concerning an
359     electronic communications system or service or remote computing service -- Content --
360     Fee for providing information.
361          (1) As used in this section:
362          (a) (i) "Electronic communication" means any transfer of signs, signals, writing,
363     images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire,
364     radio, electromagnetic, photoelectronic, or photooptical system.
365          (ii) "Electronic communication" does not include:
366          (A) any wire or oral communication;

367          (B) any communication made through a tone-only paging device;
368          (C) any communication from a tracking device; or
369          (D) electronic funds transfer information stored by a financial institution in a
370     communications system used for the electronic storage and transfer of funds.
371          (b) "Electronic communications service" means any service which provides for users
372     the ability to send or receive wire or electronic communications.
373          (c) "Electronic communications system" means any wire, radio, electromagnetic,
374     photooptical, or photoelectronic facilities for the transmission of wire or electronic
375     communications, and any computer facilities or related electronic equipment for the electronic
376     storage of the communication.
377          (d) "Internet service provider" has the same definition as in Section 76-10-1230.
378          (e) "Prosecutor" has the same definition as in Section [77-22-2] 77-22-4.5.
379          (f) "Remote computing service" means the provision to the public of computer storage
380     or processing services by means of an electronic communications system.
381          (g) "Sexual offense against a minor" means:
382          (i) sexual exploitation of a minor [as defined in Section 76-5b-201] or attempted sexual
383     exploitation of a minor in violation of Section 76-5b-201;
384          (ii) a sexual offense or attempted sexual offense committed against a minor in violation
385     of Title 76, Chapter 5, Part 4, Sexual Offenses;
386          (iii) dealing in or attempting to deal in material harmful to a minor in violation of
387     Section 76-10-1206;
388          (iv) enticement of a minor or attempted enticement of a minor in violation of Section
389     76-4-401; or
390          (v) human trafficking of a child in violation of Section 76-5-308.5.
391          (2) When a law enforcement agency is investigating a sexual offense against a minor,
392     an offense of stalking under Section 76-5-106.5, or an offense of child kidnapping under
393     Section 76-5-301.1, and has reasonable suspicion that an electronic communications system or
394     service or remote computing service has been used in the commission of a criminal offense, a
395     law enforcement agent shall:
396          (a) articulate specific facts showing reasonable grounds to believe that the records or
397     other information sought, as designated in Subsections (2)(c)(i) through (v), are relevant and

398     material to an ongoing investigation;
399          (b) present the request to a prosecutor for review and authorization to proceed; and
400          (c) submit the request to a magistrate for a court order, consistent with 18 U.S.C. Sec.
401     2703 and 18 U.S.C. Sec. 2702, to the electronic communications system or service or remote
402     computing service provider that owns or controls the Internet protocol address, websites, email
403     address, or service to a specific telephone number, requiring the production of the following
404     information, if available, upon providing in the court order the Internet protocol address, email
405     address, telephone number, or other identifier, and the dates and times the address, telephone
406     number, or other identifier [was] is suspected of being used in the commission of the offense:
407          (i) names of subscribers, service customers, and users;
408          (ii) addresses of subscribers, service customers, and users;
409          (iii) records of session times and durations;
410          (iv) length of service, including the start date and types of service utilized; and
411          (v) telephone or other instrument subscriber numbers or other subscriber identifiers,
412     including any temporarily assigned network address.
413          (3) A court order issued under this section shall state that the electronic
414     communications system or service or remote computing service provider shall produce any
415     records under Subsections (2)(c)(i) through (v) that are reasonably relevant to the investigation
416     of the suspected criminal activity or offense as described in the court order.
417          (4) (a) An electronic communications system or service or remote computing service
418     provider that provides information in response to a court order issued under this section may
419     charge a fee, not to exceed the actual cost, for providing the information.
420          (b) The law enforcement agency conducting the investigation shall pay the fee.
421          (5) The electronic communications system or service or remote computing service
422     provider served with or responding to the court order may not disclose the court order to the
423     account holder identified pursuant to the court order for a period of 90 days.
424          (6) If the electronic communications system or service or remote computing service
425     provider served with the court order does not own or control the Internet protocol address,
426     websites, or email address, or provide service for the telephone number that is the subject of
427     the court order, the provider shall notify the investigating law enforcement agency that [it] the
428     provider does not have the information.

429          (7) There is no cause of action against any provider or wire or electronic
430     communication service, or [its] the provider or service's officers, employees, agents, or other
431     specified persons, for providing information, facilities, or assistance in accordance with the
432     terms of the court order issued under this section or statutory authorization.
433          (8) (a) A court order issued under this section is subject to the provisions of Title 77,
434     Chapter 23b, Access to Electronic Communications.
435          (b) Rights and remedies for providers and subscribers under Title 77, Chapter 23b,
436     Access to Electronic Communications, apply to providers and subscribers subject to a court
437     order issued under this section.
438          (9) [Every] A prosecutorial agency shall annually on or before February 15 report to
439     the Commission on Criminal and Juvenile Justice:
440          (a) the number of requests for court orders authorized by the prosecutorial agency;
441          (b) the number of orders issued by the court and the criminal offense, pursuant to
442     Subsection (2), each order was used to investigate; and
443          (c) if the court order led to criminal charges being filed, the type and number of
444     offenses charged.
445          Section 10. Repealer.
446          This bill repeals:
447          Section 76-7-104, Fornication.