Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 57
              LAW ENFORCEMENT INVESTIGATION AMENDMENTS
                                     2023 GENERAL SESSION
                                          STATE OF UTAH
                                 Chief Sponsor: Ryan D. Wilcox
                                 Senate Sponsor: Todd D. Weiler
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 LONG TITLE
 General Description:
        This bill concerns procedures and requirements related to law enforcement
 investigations.
 Highlighted Provisions:
        This bill:
        < creates and modifies definitions;
        < establishes law enforcement reporting requirements for reverse-location warrants;
        < requires the State Commission on Criminal and Juvenile Justice to receive, compile,
 and publish data concerning reverse-location warrants;
        < provides that a law enforcement agency not in compliance with reverse-location
 warrant reporting requirements may not receive grants from the State Commission
 on Criminal and Juvenile Justice;
        < revises law enforcement warrant notification requirements and procedures for
 certain owners of devices or information;
        < places restrictions on and establishes procedures for law enforcement access to
 reverse-location information;
        < requires, with a sunset provision, a specified notice for certain warrant applications;
 and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
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 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        63A-16-1002, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
 Coordination Clause, Laws of Utah 2022, Chapter 390
        63I-2-277, as last amended by Laws of Utah 2016, Chapter 348
        63M-7-204, as last amended by Laws of Utah 2022, Chapter 187
        63M-7-218, as enacted by Laws of Utah 2022, Chapter 390 and last amended by
 Coordination Clause, Laws of Utah 2022, Chapter 390
        77-23c-101.2, as last amended by Laws of Utah 2019, Chapter 479 and renumbered and
 amended by Laws of Utah 2019, Chapter 362 and last amended by Coordination
 Clause, Laws of Utah 2019, Chapter 479
        77-23c-102, as last amended by Laws of Utah 2022, Chapter 274
        77-23c-103, as last amended by Laws of Utah 2021, Chapter 42
        77-23c-104, as last amended by Laws of Utah 2021, Chapter 42
 ENACTS:
        53-22-101, Utah Code Annotated 1953
        77-23f-101, Utah Code Annotated 1953
        77-23f-102, Utah Code Annotated 1953
        77-23f-103, Utah Code Annotated 1953
        77-23f-104, Utah Code Annotated 1953
        77-23f-105, Utah Code Annotated 1953
        77-23f-106, Utah Code Annotated 1953
        77-23f-107, Utah Code Annotated 1953
        77-23f-108, Utah Code Annotated 1953
        77-23f-109, Utah Code Annotated 1953
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 REPEALS:
        77-23c-101.1, as enacted by Laws of Utah 2019, Chapter 362
58
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-22-101 is enacted to read:
         CHAPTER 22. REPORTING REQUIREMENTS FOR REVERSE-LOCATION
                                              WARRANTS
        53-22-101. Reporting requirements for reverse-location warrants.
        (1) As used in this section:
        (a) "Anonymized" means the same as that term is defined in Section 77-23f-101.
        (b) "Commission" means the State Commission on Criminal and Juvenile Justice
 created in Section 63M-7-201.
        (c) "Electronic device" means the same as that term is defined in Section 77-23f-101.
        (d) "Law enforcement agency" means the same as that term is defined in Section
 77-23c-101.2.
        (e) "Reverse-location information" means the same as that term is defined in Section
 77-23f-101.
        (f) "Reverse-location warrant" means a warrant seeking reverse-location information
 under Section 77-23f-102, 77-23f-103, or 77-23f-104.
        (2) (a) Beginning January 1, 2024, a law enforcement agency shall annually on or
 before April 30 submit a report to the commission with the following data for the previous
 calendar year:
        (i) the number of reverse-location warrants requested by the law enforcement agency
 under Section 77-23f-102, 77-23f-103, or 77-23f-104;
        (ii) the number of reverse-location warrants that a court or magistrate granted after a
 request described in Subsection (2)(a)(i);
        (iii) the number of investigations that used information obtained under a
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 reverse-location warrant to investigate a crime that was not the subject of the reverse-location
 warrant;
         (iv) the number of times reverse-location information was obtained under an exception
 listed in Section 77-23f-106;
         (v) the warrant identification number for each warrant described under Subsection
 (2)(a)(ii) or (iii); and
         (vi) the number of electronic devices for which anonymized electronic device data was
 obtained under each reverse-location warrant described under Subsection (2)(a)(ii).
         (b) A law enforcement agency shall compile the report described in Subsection (2)(a)
 for each year in the standardized format developed by the commission under Subsection (4).
         (3) If a reverse-location warrant is requested by a multijurisdictional team of law
 enforcement officers, the reporting requirement in this section is the responsibility of the
 commanding agency or governing authority of the multijurisdictional team.
         (4) The commission shall:
         (a) develop a standardized format for reporting the data described in Subsection (2);
         (b) compile the data submitted under Subsection (2); and
         (c) annually on or before August 1, publish on the commission's website a report of the
 data described in Subsection (2).
         Section 2. Section 63A-16-1002 is amended to read:
         63A-16-1002. Criminal justice database.
         (1) The commission shall oversee the creation and management of a [Criminal Justice
 Database] criminal justice database for information and data required to be reported to the
 commission, organized by county, and accessible to all criminal justice agencies in the state.
         (2) The division shall assist with the development and management of the database.
         (3) The division, in collaboration with the commission, shall create:
         (a) master standards and formats for information submitted to the database;
         (b) a portal, bridge, website, or other method for reporting entities to provide the
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        Enrolled Copy                                                                            H.B. 57
 information;
        (c) a master data management index or system to assist in the retrieval of information
 in the database;
        (d) a protocol for accessing information in the database that complies with state
 privacy regulations; and
        (e) a protocol for real-time audit capability of all data accessed through the portal by
 participating data source, data use entities, and regulators.
        (4) Each criminal justice agency charged with reporting information to the commission
 shall provide the data or information to the database in a form prescribed by the commission.
        (5) The database shall be the repository for the statutorily required data described in:
        (a) Section 13-53-111, recidivism reporting requirements;
        (b) Section 17-22-32, county jail reporting requirements;
        (c) Section 17-55-201, Criminal Justice Coordinating Councils reporting;
        (d) Section 24-4-118, forfeiture reporting requirements;
        (e) Section 41-6a-511, courts to collect and maintain data;
        (f) Section 53-22-101, reporting requirements for reverse-location warrants;
        (g) Section 63M-7-214, law enforcement agency grant reporting;
        [(g)] (h) Section 63M-7-216, prosecutorial data collection;
        [(h)] (i) Section 64-13-21, supervision of sentenced offenders placed in community;
        [(i)] (j) Section 64-13-25, standards for programs;
        [(j)] (k) Section 64-13-45, department reporting requirements;
        [(k)] (l) Section 64-13e-104, housing of state probationary inmates or state parole
 inmates;
        [(l)] (m) Section 77-7-8.5, use of tactical groups;
        [(m)] (n) Section 77-20-103, release data requirements;
        [(n)] (o) Section 77-22-2.5, court orders for criminal investigations;
        [(o)] (p) Section 78A-2-109.5, court demographics reporting; and
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        [(p)] (q) any other statutes which require the collection of specific data and the
 reporting of that data to the commission.
        (6) The commission shall report:
        (a) progress on the database, including creation, configuration, and data entered, to the
 Law Enforcement and Criminal Justice Interim Committee not later than November 2022; and
        (b) all data collected as of December 31, 2022, to the Law Enforcement and Criminal
 Justice Interim Committee, the House Law Enforcement and Criminal Justice Standing
 Committee, and the Senate Judiciary, Law Enforcement and Criminal Justice Standing
 Committee not later than January 16, 2023.
        Section 3. Section 63I-2-277 is amended to read:
        63I-2-277. Repeal dates: Title 77.
        Subsections 77-23f-102(2)(a)(ii) and 77-23f-103(2)(a)(ii), which require a notice for
 certain reverse-location search warrant applications, are repealed January 1, 2033.
        Section 4. Section 63M-7-204 is amended to read:
        63M-7-204. Duties of commission.
        (1) The State Commission on Criminal and Juvenile Justice administration shall:
        (a) promote the commission's purposes as enumerated in Section 63M-7-201;
        (b) promote the communication and coordination of all criminal and juvenile justice
 agencies;
        (c) study, evaluate, and report on the status of crime in the state and on the
 effectiveness of criminal justice policies, procedures, and programs that are directed toward the
 reduction of crime in the state;
        (d) study, evaluate, and report on programs initiated by state and local agencies to
 address reducing recidivism, including changes in penalties and sentencing guidelines intended
 to reduce recidivism, costs savings associated with the reduction in the number of inmates, and
 evaluation of expenses and resources needed to meet goals regarding the use of treatment as an
 alternative to incarceration, as resources allow;
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        (e) study, evaluate, and report on policies, procedures, and programs of other
 jurisdictions which have effectively reduced crime;
        (f) identify and promote the implementation of specific policies and programs the
 commission determines will significantly reduce crime in Utah;
        (g) provide analysis and recommendations on all criminal and juvenile justice
 legislation, state budget, and facility requests, including program and fiscal impact on all
 components of the criminal and juvenile justice system;
        (h) provide analysis, accountability, recommendations, and supervision for state and
 federal criminal justice grant money;
        (i) provide public information on the criminal and juvenile justice system and give
 technical assistance to agencies or local units of government on methods to promote public
 awareness;
        (j) promote research and program evaluation as an integral part of the criminal and
 juvenile justice system;
        (k) provide a comprehensive criminal justice plan annually;
        (l) review agency forecasts regarding future demands on the criminal and juvenile
 justice systems, including specific projections for secure bed space;
        (m) promote the development of criminal and juvenile justice information systems that
 are consistent with common standards for data storage and are capable of appropriately sharing
 information with other criminal justice information systems by:
        (i) developing and maintaining common data standards for use by all state criminal
 justice agencies;
        (ii) annually performing audits of criminal history record information maintained by
 state criminal justice agencies to assess their accuracy, completeness, and adherence to
 standards;
        (iii) defining and developing state and local programs and projects associated with the
 improvement of information management for law enforcement and the administration of
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 justice; and
        (iv) establishing general policies concerning criminal and juvenile justice information
 systems and making rules as necessary to carry out the duties under Subsection (1)(k) and this
 Subsection (1)(m);
        (n) allocate and administer grants, from money made available, for approved education
 programs to help prevent the sexual exploitation of children;
        (o) allocate and administer grants for law enforcement operations and programs related
 to reducing illegal drug activity and related criminal activity;
        (p) request, receive, and evaluate data and recommendations collected and reported by
 agencies and contractors related to policies recommended by the commission regarding
 recidivism reduction, including the data described in Section 13-53-111 and Subsection
 62A-15-103(2)(l);
        (q) establish and administer a performance incentive grant program that allocates funds
 appropriated by the Legislature to programs and practices implemented by counties that reduce
 recidivism and reduce the number of offenders per capita who are incarcerated;
        (r) oversee or designate an entity to oversee the implementation of juvenile justice
 reforms;
        (s) make rules and administer the juvenile holding room standards and juvenile jail
 standards to align with the Juvenile Justice and Delinquency Prevention Act requirements
 pursuant to 42 U.S.C. Sec. 5633;
        (t) allocate and administer grants, from money made available, for pilot qualifying
 education programs;
        (u) oversee the trauma-informed justice program described in Section 63M-7-209;
        (v) request, receive, and evaluate the aggregate data collected from prosecutorial
 agencies and the Administrative Office of the Courts, in accordance with Sections 63M-7-216
 and 78A-2-109.5;
        (w) report annually to the Law Enforcement and Criminal Justice Interim Committee
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        Enrolled Copy                                                                            H.B. 57
 on the progress made on each of the following goals of the Justice Reinvestment Initiative:
        (i) ensuring oversight and accountability;
        (ii) supporting local corrections systems;
        (iii) improving and expanding reentry and treatment services; and
        (iv) strengthening probation and parole supervision;
        (x) compile a report of findings based on the data and recommendations provided
 under Section 13-53-111 and Subsection 62A-15-103(2)(n) that:
        (i) separates the data provided under Section 13-53-111 by each residential, vocational
 and life skills program; and
        (ii) separates the data provided under Subsection 62A-15-103(2)(n) by each mental
 health or substance use treatment program; [and]
        (y) publish the report described in Subsection (1)(x) on the commission's website and
 annually provide the report to the Judiciary Interim Committee, the Health and Human Services
 Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the
 related appropriations subcommittees[.]; and
        (z) receive, compile, and publish on the commission's website the data provided under
 Section 53-22-101.
        (2) If the commission designates an entity under Subsection (1)(r), the commission
 shall ensure that the membership of the entity includes representation from the three branches
 of government and, as determined by the commission, representation from relevant stakeholder
 groups across all parts of the juvenile justice system, including county representation.
        Section 5. Section 63M-7-218 is amended to read:
        63M-7-218. State grant requirements.
        Beginning July 1, 2023, the commission may not award any grant of state funds to any
 entity subject to,