SB 19 — Digital Evidence Amendments

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Digital Evidence Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

Todd Weiler House Sponsor:Ryan D.

This bill concerns digital evidence examinationofexamination of a mobile device.

▸ requires {certain cities and counties } local law enforcement agencies to:

● have {a digital forensics laboratory} mobile device forensics services;

● have a contract, partnership, or agreement with another entity that allows the {city or county } law enforcement agency to share in the use of {a digital } mobile device forensics {laboratory} services, not including the Regional Computer Forensics Laboratory;

or ● {have the city's or county's law enforcement agency } provide specified support to the Regional Computer Forensics Laboratory;

{or} S ● {pay an annual fee to the Department of Public Safety (department);} B ▸ {requires the department to:} 0 ● 1 SB0019 compared with SB0019S01 {collect fees from cities and counties and apply the fee proceeds } allows a law enforcement agency to {department expenditures incurred in staffing and other costs associated with } access the Regional Computer Forensics LaboratoryforLaboratory for mobile device forensics services under certain circumstances;

and ●▸ {annuallymakes reporttechnical any nonpayment of fees to the Law Enforcement and Criminalconforming Justicechanges. Interim Committee;

and} ▸ makes technical and conforming changes.

53-10-105.153-10-105.1, , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah:

Section 153-10-105.1 is enacted to read:

53-10-105.1.S.B.

{Analysis19 ofEnrolled digitalCopy evidence53-10-105.1 --. City and county requirements -- Fee option -- Collection -- Reporting} Requirements for mobile device forensics services by a local law enforcement agency.

Requirements for mobile device forensics services by a local law enforcement agency.

- 2 - SB0019 compared with SB0019S01 (C) a law enforcement interlocal entity;

(a){(e)}(e) {"Digital } "Mobile device forensics {laboratory} services" means a facilityfacility, , equipment, or other type of capability that provides digital forensic evidence services by collecting and examining digital evidenceonevidence on a mobile device.

(b){(g)}(g) "Participating agency" means a local law enforcement agency that is providing, or otherwise paying for, adequately trained personnel to staff the Regional Computer Forensics Laboratory for at least 2,000 hours {a } per year, either directly through the local law enforcement agency or through the entity that operates the local law enforcement agency.

(c){(h)}(h) "Regional Computer Forensics Laboratory" means the digital forensics laboratory that is operated by the Federal Bureau of Investigation in partnership with other federal,- state,2 and- localEnrolled lawCopy enforcementS.B. agencies, for the region that includes Utah.

{(2)19 }federal, (a){(2)}state, Onand orlocal beforelaw {Julyenforcement }agencies, Januaryfor 1, {2026} 2027, a {city of the firstregion or second class, and a city of the third class that hasincludes aUtah. population of at least 40,000 people, } local law enforcement agency shall:

(i){(a)}(2) haveOn theor {city'sbefore }January 1, 2027, a local law enforcement agency'sagency ownshall: {digital } mobile device forensics {laboratory} services;

(ii){(b)}(a) have a contract, partnership, or agreement with another entity that allows the {city } local law enforcement agencyagency's toown share in the use of {a digital } mobile device forensics {laboratory}services; services, not including the Regional Computer Forensics Laboratory;or (iii){(c)} {have the city's law enforcement agency } qualify as a participating agency{;

or}(b) .have a contract, partnership, or agreement with another entity that allows the local law enforcement agency to share in the use of mobile device forensics services, not including the Regional Computer Forensics Laboratory;

{(iv) {pay to the department, on an annual basis determined by the department, the applicable fee described in Subsection (4)(a).} } {(b) {On or before(c) Julyqualify 1,as 2026, a countyparticipating ofagency. the first, second, or third class shall:} } - 3 - SB0019 compared with SB0019S01 {(i) {have the county's own digital forensics laboratory;} } (ii){(3)} {have a contract, partnership} Notwithstanding Subsection (2), {or agreement with another entity that allows the county to share in the use of a digital forensics laboratory, not including } a local law enforcement agency may use the Regional Computer Forensics Laboratory{;} to access:

{(iii)(3) {haveNotwithstanding theSubsection county's(2), a local law enforcement agency qualifymay asuse athe participatingRegional agency;Computer Forensics Laboratory to access:

or}(a) }self-serve {(iv)equipment {paythat toprovides themobile department,device onforensics anservices; annual basis determined by the department, the applicable fee described in Subsection (4)(b).} } {(3) {The department shall, on an annual basis:} } {(a) {determine which cities and counties are required to pay a fee under Subsection (2) and, as applicable, the amount of the city's or county's fee under Subsection (4);} } {(b) {notify each city and county described in Subsection (3)(a) of the fee amount due and the deadline for payment;} } {(c) {collect the fees described under Subsection (3)(b) and apply the fees toward the department's expenditures incurred in staffing and other costs associated with the Regional Computer Forensics Laboratory;

and} } {(d) {on or before September 1 of each year, provide to the Law Enforcement and Criminal Justice Interim Committee, if applicable, a list of the names of each city and county that has not paid a past- due fee under Subsection (3)(c).} } {(4) } {(a) {The fees for a city described in Subsection (2)(a) are:} } {(i) {for a city of the first class with a population:} } {(A) {over 200,000, $20,000;} } {(B) {from 150,000 to 200,000, $15,000;

or} } {(C) {from 100,000 to 149,000, $10,000;} } {(ii) {for a city of the second class, $5,000;

or} } {(iii) {for a city of the third class that has a population of least 40,000, $5,000.} } {(b) {The fees for a county described in Subsection (2)(b) are:} } {(i) {for a county of the first class, $50,000;} } {(ii) {for a county of the second class with a population:} } {(A) {over 500,000, $35,000;

or} } {(B) {260,000 to 500,000, $20,000;

or} } - 4 - SB0019 compared with SB0019S01 {(iii) {for a county of the third class with a population:} } {(A) {over 100,000, $15,000;

or} } {(B) {from 40,000 to 100,000, $10,000.} } {(5) {In determining the applicable fee requirements under Subsection (4), a city's or county's population is determined by:} } {(a) {the estimate of the Utah Population Committee created in Section 63C-20-103;