158 motor vehicle[.] to install or place2. the tracking device;

orLine (B)64 intentionallythrough continued70: to use the tracking device with the purpose to track the owner's or lessee's movement after the owner or lessee revoked the owner's or lessee's permission for the actor to use the tracking device and the actor knew that the owner or lessee had revoked the owner's or lessee's permission;

(b)(i)owner's or lessee's movement after the actorowner intentionallyor places,lessee revoked the owner's or directslessee's anotherpermission 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 {knowingly} intentionally places, or directs another to place, a tracking device:

3.

Line 75 through 81:

individual's movement after the individual revoked the individual's permission for the actor to use the tracking device and the actor knew that the individual had revoked the individual's permission;

or (c) (i) the actor {knowingly} intentionally 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;

(A)- did1 not- receiveUnlawful permissionTracking fromAmendments the4. individual to place the tracking device;

orLine (B)113 intentionallythrough continued119: 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 device and the actor knew that the individual had revoked the individual's permission;

or (c)(i) the actor intentionally 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;

and (ii) the actor:

(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 application and the actor knew that the individual had revoked the individual's permission.

(3) A violation of Subsection (2) is a class A misdemeanor.

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

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

and (ii) installs or places the tracking device on a motor vehicle that is not:

(A) owned or leased by an individual under the protection of a protective order;

or (B) operated by an individual under the protection of a protective order who - 3 - H.B.

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

or (b) installs or places the tracking device on a motor vehicle pursuant to a court order.

(5) This section does not apply to:

(a) [ ]a peace officer, acting in the peace officer's official capacity, who installs or places a tracking device, or causes another individual to install or place a tracking device, on an individual's person, on or in an individual's tangible personal property, on or in tangible personal property under the physical control of an individual, or on or in a motor vehicle owned or leased by an individual in the course of a criminal investigation or pursuant to a court order[.] ;

(b) a parent or legal guardian of a minor:

(i)(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;

or (B) who uses a tracking application installed or otherwise used on an electronic or other device in the possession or control of the minor to track the minor's movement;

{(c)} (d) a caregiver of a vulnerable adult:

(i) who installs or places a tracking device on the vulnerable adult's person, on or in the vulnerable 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 vehicle5. owned or leased by the vulnerable adult;

orLine (ii)120 whothrough uses128: a tracking application installed or otherwise used on an electronic or other device in the possession or control of the vulnerable adult to track the - 4 - Enrolled Copy H.B.

158vehicle vulnerableowned adult'sor movement;leased by the vulnerable adult;

(e)or an(ii) individual who installs, places, or uses a tracking application atinstalled or otherwise used on an electronic or other device in the directionpossession or control of athe courtvulnerable order;adult to track the vulnerable adult's movement;

{ and} {(d)} (e) an individual who installs, places, or uses a tracking application at the direction of a court order {.} ;

(6) Subsections(a) (2)(a)Before andinstalling (c)or doplacing nota applytracking to:device on a motor vehicle under Subsection (4), a private investigator shall request confirmation from a state entity with access to updated protective order records, that:

(a)- a2 rental- company if the rental company is installing, placing, or using a tracking device or tracking application to track a motor vehicle owned by the rental company provided to a renter under the terms of a rental agreement;

or (b) any person who:

(i) owns a motor vehicle;

(ii) installs, places, or uses a tracking device or tracking application to track the motor vehicle;

and (iii) allows another person to use the motor vehicle, not including under a lease agreement.

[(6)] (7)(a) Before installing or placing a tracking device on a motor vehicle under Subsection (4), a private investigator shall request confirmation from a state entity with access to updated protective order records, that:

[(a)] (i) the owner or lessee of the vehicle is not under the protection of a protective order;

and [(b)] (ii) [an] any individual who resides with, or is an immediate family member of, the owner or lessee of the motor vehicle is not under the protection of a protective order.

[(7)] (b) On request from a licensed private investigator, a state entity, including a law enforcement agency, with access to protective order records shall confirm or deny the existence of a protective order, disclosing only whether an individual named by the private investigator is under the protection of a protective order issued in any jurisdiction.

[(8)] (c) A private investigator may not disclose the information obtained under Subsection [(7)] (6)(b) to any person, except as permitted by law.

[(9)] (d) On request from the Bureau of Criminal Identification, a private investigator who installs or places a tracking device on a motor vehicle shall disclose the purpose of the tracking device to the Bureau of Criminal Identification.

[(10)] (8)[(a) A person] An individual, or the heirs of a deceased [person] individual, who has been injured by a violation of [this section] Subsection (2) may bring an action - 5 - H.B.

158 Enrolled Copy against the actor who committed the violation.

[(b) If in the action described in Subsection (10)(a) the court finds the defendant is violating or has violated any of the provisions of this section, the court shall enjoin the defendant from a continued violation.] [(c) It is not necessary that actual damages to the plaintiff be alleged or proved, but if damages are alleged and proved, the plaintiff in the action is entitled to recover from the defendant the actual damages sustained, if any, in addition to injunctive relief.] [(d) A finding that the defendant is in violation of this section entitles the plaintiff to an award of reasonable attorney fees.] [(e) Exemplary damages may be awarded when the violation is found to be malicious.] (9) If in the action described in Subsection (8) the court finds by a preponderance of the evidence that the defendant has committed a violation of Subsection (2), the court shall:

(a) enjoin the defendant from a continued violation;

and (b) if the plaintiff establishes that the violation has injured the plaintiff, award to the plaintiff, subject to Subsection (11)(b):

(i) reasonable attorney fees;

and (ii)(A) compensatory damages;

or (B) statutory damages of $50 a day for each day the defendant violates a provision of this section, or $5,000, whichever is greater.

(10)(a) A plaintiff may elect at any time before final judgment is entered by the court to recover statutory damages under Subsection (9)(b)(ii)(B) instead of compensatory damages.

(b) In addition to the damages described in Subsection (9), a court may award punitive damages in accordance with Section 78B-8-201.

(11)(a) If an actor at trial is found not guilty of violating this section, the not guilty verdict does not preclude a court from finding that the actor is liable under Subsection (9).

(b) If restitution was ordered in the criminal action, the amount ordered shall be deducted from any damages awarded under Subsection (9)(b)(ii).

Section 2.

Effective Date.

This bill takes effect on May 6, 2026.

- 6 -