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7 LONG TITLE
8 General Description:
9 This bill creates requirements related to law enforcement's authority to compel the use
10 of biometric information to access an electronic device.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms; and
14 ▸ provides that an individual may refuse to provide the individual's biometric
15 information to a requesting law enforcement officer for purposes of unlocking the
16 individual's electronic device, unless the law enforcement officer has a warrant.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 77-23-214, Utah Code Annotated 1953
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 77-23-214 is enacted to read:
27 77-23-214. Use of biometric security information to access an electronic device.
28 (1) As used in this section:
29 (a) "Biometric security" means facial recognition, iris recognition, fingerprint scanning,
30 voice recognition, hand geometry, or any other method of using physical characteristics to
31 authenticate an individual's identity to secure the individual's electronic device.
32 (b) "Electronic device" means a computer, tablet, cell phone, or any other similar
33 personal device.
34 (c) "Law enforcement officer" means the same as that term is defined in Section
35 53-13-103.
36 (d) "Unlock" means to provide access to the contents of an electronic device using:
37 (i) an alphanumeric or other form of passcode; or
38 (ii) biometric security.
39 (2) An individual may refuse to unlock, or otherwise provide access to the contents of
40 an electronic device at the request of a law enforcement officer, unless the law enforcement
41 officer obtains a search warrant in accordance with Subsection (3).
42 (3) (a) A court may issue a search warrant, in accordance with Utah Rules of Criminal
43 Procedure, Rule 40, to compel an individual to unlock the individual's electronic device and
44 allow a law enforcement officer to search specified contents of the electronic device if a law
45 enforcement officer demonstrates, through affidavit, that the officer has probable cause to
46 believe the electronic device:
47 (i) is owned by the individual; and
48 (ii) contains:
49 (A) evidence of a crime; or
50 (B) information that, if discovered by law enforcement, is likely to prevent serious
51 harm to an individual.
52 (b) The warrant described in Subsection (3)(a) shall specify the files and applications
53 that the law enforcement officer is authorized to search after the individual who owns the
54 electronic device unlocks the electronic device.