SB 252: Digital Information Seizure Amendments - Utah

Amended 2/18/2025 11:02:536 → Substitute #1 · 6 edits

MODERATE

This bill updates Utah's laws on how law enforcement handles seized computer devices by requiring agencies to make digital copies within 30 days and return the device to owners without demanding passwords or search consent, while also clarifying definitions for forfeiture and evidence retention.

Scope change

The bill expands protections for computer device owners by adding specific procedures for digital data preservation and return, while maintaining existing forfeiture and evidence retention frameworks.

REQUIREMENT

Changed the timeframe for making digital copies of seized computer devices from 72 hours to 30 days to allow more time for data preservation.

Added explicit prohibition against law enforcement conditioning device return on owners providing passwords or consenting to searches of digital contents.

DEFINITION

Updated the definition of 'computer device' to clarify exclusions for internet service provider servers and wildlife recording devices.

Added new definitions for 'innocent owner' and 'interest holder' to clarify who qualifies for property return without forfeiture.

ENFORCEMENT

Modified procedures for returning seized computer devices to include requirements for verifying authorized representatives and maintaining receipts.

TIMELINE

Set the effective date of the bill as May 7, 2025.

Amended Excerpts 2/18/2025 11:02:536 → Amended 2/18/2025 11:02:536 · 7 edits

MODERATE

This bill amends Utah's digital information seizure laws to require law enforcement to create digital copies of seized devices within 30 days and return the devices to owners without requiring passwords or consent for searches. The changes strengthen privacy protections while maintaining law enforcement's ability to preserve digital evidence.

Scope change

The bill applies to all law enforcement agencies and prosecuting agencies seizing computer devices in Utah, expanding protections for device owners and clarifying what constitutes a 'computer device' under state law.

TIMELINE

Changed the time frame for making digital copies from 72 hours to 30 days after seizure

REQUIREMENT

Added requirement that agencies must return seized computer devices to owners within the specified time frame

Prohibited conditioning device return on owner consent to search or providing passwords

DEFINITION

Updated definition of 'computer device' to explicitly include devices used for storing digital files, flash memory, and software

Added specific exclusions from 'computer device' definition for internet service provider servers and wildlife recording devices

Expanded 'contraband' definition to include devices containing child sexual abuse material or used for identity fraud

Added comprehensive definition for 'innocent owner' with specific criteria for ownership claims

Introduced → Amended Excerpts 2/18/2025 11:02:536 · 1 edit

MINOR

This amendment extends the time law enforcement has to create a digital copy of seized computer devices from 72 hours to 30 days, giving agencies more time to process evidence while still requiring them to return the device to the owner promptly.

TIMELINE

Changed the deadline for making a digital copy of seized computer devices from 72 hours to 30 days, allowing law enforcement more time to preserve evidence before returning the device to the owner.

Substitute #3 → Substitute #4 · 6 edits

MODERATE

This bill updates Utah's digital information seizure laws to protect owners' privacy rights and clarify procedures for returning seized devices. It prevents law enforcement from forcing owners to provide passwords or consent to searches before returning computers or phones, requires agencies to copy digital data before returning devices, and adds new definitions for digital evidence handling.

Scope change

The bill expands protections to cover digital data on seized computers and portable communication devices, adding specific procedures for data extraction and return that were not previously detailed in the statute.

REQUIREMENT

Prohibits law enforcement from conditioning device return on owners providing passwords or consenting to searches of digital contents

Requires agencies to create digital copies of data within 30 days for phones or 120 days for computers before returning devices

Updates procedures for preserving digital evidence when devices are returned to claimants

DEFINITION

Adds new definitions for 'smart phone', 'tablet', and clarifies what constitutes a 'computer' versus excluded devices

Expands 'contraband' definition to include devices containing child sexual abuse material or used for identity fraud

TIMELINE

Sets specific deadlines for agencies to copy digital data before returning seized devices

Substitute #2 → Substitute #3 · 6 edits

MODERATE

This bill updates Utah's digital information seizure laws to clarify definitions, establish procedures for returning seized devices, and prohibit law enforcement from requiring passwords or consent to search before returning computers or portable communication devices. The changes strengthen owner protections while maintaining evidence preservation requirements for law enforcement.

Scope change

The bill applies to all law enforcement agencies and prosecuting authorities in Utah when seizing computers or portable communication devices, with specific provisions for innocent owners and interest holders.

DEFINITION

Updated definitions for 'computer' and 'portable communication device' to clarify exclusions like wildlife trail cameras and drones, and to specify what constitutes contraband including devices containing child sexual abuse material or identity theft materials.

REQUIREMENT

Added explicit prohibition against conditioning the return of seized devices on owners providing passwords, unlocking devices, or consenting to searches of digital contents.

Established specific timelines for law enforcement to create digital copies of seized devices (30 days for portable devices, 120 days for computers) before returning them to claimants.

Created procedures for courts to order expedited hearings for return of seized property and established clear and convincing evidence standards for owners to prove ownership.

ENFORCEMENT

Modified evidence retention requirements to mandate preservation of sufficient evidence from seized computers and portable devices through data extraction and photographic documentation.

TIMELINE

Set the effective date of the bill as May 7, 2025.

Substitute #1 → Substitute #2 · 7 edits

MODERATE

This bill expands protections for digital device owners by requiring law enforcement to make digital copies of seized devices within 72 hours and return the physical device within one business day, while prohibiting agencies from demanding passwords or consent to search as a condition for return. The bill also clarifies definitions to include portable communication devices under certain provisions and updates the House Sponsor name from LONG TITLE to Ryan D. Wilcox.

Scope change

The bill's scope expanded to explicitly include portable communication devices alongside computer devices in several provisions, and the definition of 'computer' was modified to exclude portable communication devices in certain contexts while including them in others depending on the specific section.

REQUIREMENT

Added requirement for law enforcement to make digital copies of seized computer devices within 72 hours of seizure

Added requirement for law enforcement to return seized computer devices to owners within one business day after making the digital copy

ENFORCEMENT

Added prohibition on conditioning device return on owner providing password or consenting to search of digital contents

DEFINITION

Modified definition of 'Computer' to exclude portable communication devices in some contexts while including them in others

Added 'portable communication device' as a defined term in multiple sections

TECHNICAL

Changed House Sponsor name from 'LONG TITLE' to 'Ryan D. Wilcox'

Updated Utah Code Sections Affected list to include 77-11a-305

Digital Information Seizure Amendments

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