HB 158 — Unlawful Tracking Amendments

HB0158S01Enrolled comparedCopy withH.B. HB0158 {Omitted text} shows text that was in HB0158 but was omitted in HB0158S01 inserted text shows text that was not in HB0158 but was inserted into HB0158S01 DISCLAIMER:

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Unlawful Tracking Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

Todd Weiler 3 LONG TITLE General Description:

● {creating presumptions for the revocation of consent concerning a tracking device or tracking application;} ● clarifying that an actor commits the offense if the victim had previously given consent for the actor to use the tracking device or tracking application and later revoked that consent, and the actor H continued to use the tracking device or tracking application;

and B ● requiring statutory damages in a successful civil action brought by {the } a victim if the victim elects to receive the statutory damages instead of compensatory damages;

and 5 HB0158 compared with HB0158S01 ▸ makes technical and conforming changes.

76-12-30576-12-305, , as renumbered and amended by Laws of Utah 2025, Chapter 173 Be it enacted by the Legislature of the state of Utah:

76-12-305.H.B.

158 Enrolled Copy 76-12-305 .

(1)(1)(a) (a) As used in this section:

(v) (A)"Rental "Tangiblecompany" personal property" means athe physicalsame assetas or object that canterm beis seen,defined touched,in andSection moved.76-6-410.5.

(vi)(A) "Tangible personal property" means a physical asset or object that can be seen, touched, and moved.

(vi)(vii) "Tracking application" means a software program that can be used to track or identify the location or movement of an individual.

[(iv)] (vii)(viii)(A) (A) "Tracking device" means a device used for the primary purpose of revealing the device's location or movement by the transmission or recording of an electronic signal.

- 2 - HB0158 compared with HB0158S01 (B) "Tracking device" does not include location technology installed on a motor vehicle by the motor vehicle manufacturer or a commercial motor vehicle dealer that transmits electronic signals for the purpose of data collection, if the data collection is anonymized.

(viii)(ix) "Vulnerable adult" means the same as that term is defined in Section 76-5-111.

(a)(a)(i) (i) [ ] the actor knowinglyintentionally installs or places, or directs another to install or place, a tracking device on or in a motor vehicle owned or leased by another [person,] individual;person;

(A) [ without the] did not receive permission [of] from the owner or lessee of the motor- vehicle[.]2 to- installEnrolled orCopy placeH.B. the tracking device;

or158 (B)motor intentionallyvehicle[.] continued to useinstall the tracking device with the purpose to track the owner's or lessee'splace movement after the owner or lessee revoked the owner's or lessee's permission for the actor to use the tracking deviceanddevice; the actor knew that the owner or lessee had revoked the owner's or lessee's permission;

(b)or (i)(B) intentionally continued to use the actortracking knowinglydevice places,with the purpose to track the owner's or directslessee's anothermovement after the owner or lessee revoked the owner's or lessee's permission for the actor to place,use athe tracking device:device and the actor knew that the owner or lessee had revoked the owner's or lessee's permission;

(b)(i) the actor intentionally places, or directs another to place, a tracking device:

or (B) intentionally continued to use the tracking device with the purpose to track the individual's movement after the individual revoked the individual's permission for the actor to use the tracking deviceanddevice and the actor knew that the individual had revoked the individual's permission;

or (c)(c)(i) (i) the actor knowinglyintentionally uses a tracking application installed or otherwise used on an electronic or other device in the possession or control of an individual to track the individual's movement;

- 3 - HB0158 compared with HB0158S01 (A) did not receive permission from the individual to use the tracking application;

or (B) intentionally continued to use the tracking application with the purpose to track the individual's movement after the individual revoked the individual's permission for the actor to use the tracking applicationandapplication and the actor knew that the individual had revoked the individual's permission.

(4) [An actor does not commit a violation of Subsection (2) if the actor] Subject to Subsection {(7)} (6), Subsection (2)(a) does not apply to an individual who:

(a)(a)(i) (i) is a licensed private investigator installing or placing the tracking device for a legitimate business purpose;

or (B) operated by an individual under the protection of a protective order who resides- with,3 or- isH.B. an immediate family member of, the owner or lessee of the motor vehicle;

158 Enrolled Copy resides with, or is an immediate family member of, the owner or lessee of the motor vehicle;

(i)(i)(A) (A) who installs or places a tracking device on the minor's person, on or in the minor's tangible personal property, on or in tangible personal property under the physical control of the minor, or on or in a motor vehicle owned or leased by the minor;

(c) an individual who was a caregiverparent or legal guardian of a vulnerableminor adult:if:

-(i) 4the -individual HB0158installed compared with HB0158S01 {(i) } (A){(i)} who installs or placesplaced a tracking device onas thedescribed vulnerable adult's person, on or in theSubsection vulnerable(5)(b); adult's tangible personal property, on or in tangible personal property under the physical control of the vulnerable adult, or on or in a motor vehicle owned or leased by the vulnerable adult;

or(ii) (B)(ii)the whominor usesdescribed ain trackingSubsection application(5)(b) installedis ornow otherwise18 usedyears onold an electronic or otherolder; device in the possession or control of the vulnerable adult to track the vulnerable adult's movement;