JurisdictionUtahTitle 53Public Safety Code
Ch. 53-10Criminal Investigations and Technical Services Act
Part 53-10-1General Provisions
This text of Utah § 53-10-104.5 (Wireless service -- Communication device location information in emergencies and certain urgent situations.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)As used in this section:
(1)(a) "Communication device" means the same as that term is defined in Section 76-8-311.3.
(1)(b) (1)(b)(i) "Communication device data" means information obtained from the available records or other network data concerning a specific communication device that may help to reveal the location of the communication device.
(1)(b)(ii) "Communication device data" includes, if the data will help to reveal the location of a specific communication device:
(1)(b)(ii)(A) call logs;
(1)(b)(ii)(B) GPS tracking data;
(1)(b)(ii)(C) application data;
(1)(b)(ii)(D) browser history;
(1)(b)(ii)(E) email records;
(1)(b)(ii)(F) photos and videos;
(1)(b)(ii)(G) SMS and MMS messages; and
(1)(b)(ii)(H) contact details.
(1)(c) (1)(c)(i) "Communication device location information" mean
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(1) As used in this section:
(1)(a) "Communication device" means the same as that term is defined in Section 76-8-311.3.
(1)(b) (1)(b)(i) "Communication device data" means information obtained from the available records or other network data concerning a specific communication device that may help to reveal the location of the communication device.
(1)(b)(ii) "Communication device data" includes, if the data will help to reveal the location of a specific communication device:
(1)(b)(ii)(A) call logs;
(1)(b)(ii)(B) GPS tracking data;
(1)(b)(ii)(C) application data;
(1)(b)(ii)(D) browser history;
(1)(b)(ii)(E) email records;
(1)(b)(ii)(F) photos and videos;
(1)(b)(ii)(G) SMS and MMS messages; and
(1)(b)(ii)(H) contact details.
(1)(c) (1)(c)(i) "Communication device location information" means the best available location information, including information obtained by use of historical cellular site information or a mobile locator tool for a communication device or a telecommunication device.
(1)(c)(ii) "Communication device location information" includes communication device data.
(1)(d) "Law enforcement agency" or "agency" has the same definition as in Section 53-1-102.
(1)(e) "Mobile telecommunications service" has the same definition as in Section 54-8b-2.
(1)(f) "Serious bodily injury" means the same as that term is defined in Section 76-1-101.5.
(1)(g) "Telecommunication device" has the same definition as in Section 76-6-409.5.
(2) A mobile telecommunications service shall provide communication device location information as quickly as possible regarding a telecommunication device user or a communication device user whom a law enforcement agency:
(2)(a) has reason to believe is in need of services under Subsection (2)(a)(i) or (ii), upon the request of a law enforcement agency or a public safety communications center if the agency or center determines the communication device location information is necessary in order to respond to:
(2)(a)(i) a call for emergency response services; or
(2)(a)(ii) an emergency situation that involves the imminent risk of death or serious bodily injury; or
(2)(b) has a warrant for the communication device location information for the telecommunication device user or communication device user who is missing, if the law enforcement agency has prioritized the warrant as urgent based on the law enforcement agency's determination that the user may be in danger of physical harm.
(3) (3)(a) The mobile telecommunications service may establish procedures in accordance with 18 U.S.C. Sec. 2702(b)(8) for the mobile telecommunications service's response to a request for location under Subsection (2).
(3)(b) If a mobile telecommunications service establishes procedures under Subsection (3)(a), the procedures shall include a method for a law enforcement agency to identify a situation under Subsection (2)(a) and a prioritized warrant described in Subsection (2)(b).
(4) A mobile telecommunications service that, acting in good faith, provides information as requested under Subsection (2) may not be held civilly liable for providing the information.
(5) (5)(a) The division shall obtain contact information from all mobile telecommunication service providers that provide services in this state to facilitate communicating location requests under Subsection (2).
(5)(b) The division shall provide the contact information to all public safety communications centers in the state and shall provide updates to the contact information.