HB 158: Unlawful Tracking Amendments - Utah

Amended 3/4/2026 18:03:178 → Substitute #1 · 5 edits

MODERATE

This bill updates Utah's unlawful tracking laws by broadening the definition of prohibited conduct to include the use of smartphone tracking apps, not just physical devices. It clarifies that continuing to track someone after they revoke consent is illegal and introduces a new requirement for private investigators to check protective order databases before installing trackers on vehicles. The bill also streamlines the civil penalty structure, allowing victims to choose between actual damages or a fixed statutory penalty of $5,000 or $50 per day.

Scope change

The scope of the law expanded from covering only physical tracking devices to explicitly including 'tracking applications' (software) and placing devices on personal property like bags or phones, in addition to vehicles.

DEFINITION

Added specific definitions for 'tracking application' and clarified that 'tangible personal property' does not include motor vehicles.

REQUIREMENT

Added a mandatory requirement for private investigators to verify that a vehicle owner or resident is not under a protective order before installing a tracking device.

ENFORCEMENT

Refined the civil penalty options, giving victims the right to elect a statutory damage award ($5,000 or $50/day) instead of proving actual financial loss.

ELIGIBILITY

Reorganized exemptions to clarify protections for parents of minors and caregivers of vulnerable adults while maintaining restrictions on private investigators.

TIMELINE

Changed the effective date of the bill from April 6, 2026, to January 23, 2026.

Amended 2/17/2026 12:02:581 → Amended 3/4/2026 18:03:178 · 4 edits

MODERATE

This amendment broadens the definition of unlawful tracking to include rental companies and vehicle owners who allow others to use their cars, while simultaneously removing the requirement for private investigators to check protective order databases before installing trackers. It also clarifies that parents and guardians retain the right to track their adult children if they were previously authorized to do so.

Scope change

The bill's scope expanded to cover rental companies and vehicle owners allowing unauthorized use, while the scope of private investigator obligations was narrowed by removing the mandatory protective order check.

SCOPE

Added exemptions for rental companies tracking their own vehicles and vehicle owners allowing others to use their cars without a lease.

REQUIREMENT

Removed the requirement for private investigators to request confirmation of protective orders from state entities before installing tracking devices.

ELIGIBILITY

Clarified that former parents or guardians may continue to track an adult child if they were previously permitted to do so and were not explicitly told to stop.

DEFINITION

Added a new definition for 'rental company' to the list of terms defined in the statute.

Amended Excerpts 3/4/2026 18:03:178 → Amended 2/17/2026 12:02:581 · 5 edits

MODERATE

The bill was amended to broaden the definition of unlawful tracking to include the use of tracking applications and placing devices on personal property, while clarifying that vehicle manufacturers' anonymized data collection is not a crime. It also updated exemptions for private investigators to require a specific state confirmation of protective orders before tracking, and restructured civil penalties to allow victims to choose between actual damages or a statutory penalty of $5,000 or $50 per day.

Scope change

The scope expanded to explicitly cover 'tracking applications' (software) and the placement of devices on 'tangible personal property,' whereas the previous version focused primarily on motor vehicles and physical persons.

DEFINITION

Added specific definitions for 'Rental company' and clarified that 'Tracking device' excludes anonymized location technology from vehicle manufacturers.

REQUIREMENT

Changed the requirement for private investigators to request confirmation of protective orders from a state entity before installing a tracking device on a motor vehicle.

ENFORCEMENT

Restructured civil remedies to allow victims to elect statutory damages of $5,000 or $50 per day instead of just compensatory damages and attorney fees.

Added a new requirement for private investigators to disclose the purpose of a tracking device to the Bureau of Criminal Identification upon request.

TIMELINE

Set the effective date of the bill to May 6, 2026.

Amended Excerpts 2/17/2026 12:02:581 → Amended Excerpts 3/4/2026 18:03:178 · 5 edits

MODERATE

The bill was reorganized to clarify definitions and expand exemptions for tracking devices. Key changes include adding specific definitions for 'Protective order', 'Rental company', and 'Vulnerable adult', and creating new exemptions that allow rental companies to track vehicles and vehicle owners to track their own cars when lending them to others. The bill also added a provision allowing former parents to continue tracking their now-adult children if they were not explicitly told to stop.

Scope change

The bill's scope was expanded by adding exemptions for rental companies and vehicle owners, and by clarifying that parents retain the right to track their adult children under specific conditions.

DEFINITION

Added new definitions for 'Protective order', 'Rental company', 'Tangible personal property', 'Tracking application', 'Tracking device', and 'Vulnerable adult' to clarify legal terms.

EXEMPTIONS

Created an exemption allowing rental companies to use tracking devices on vehicles they own and rent out.

Created an exemption allowing vehicle owners to install trackers on their own vehicles even when lending them to others, excluding formal leases.

ELIGIBILITY

Added a provision permitting former parents to continue tracking their adult children if they were not expressly informed to stop.

REQUIREMENT

Reorganized the bill structure and modified the list of exceptions to the general prohibition on tracking devices.

Enrolled → Amended Excerpts 2/17/2026 12:02:581 · 5 edits

MODERATE

This bill amends Utah's unlawful tracking laws to rename the offense and broaden its scope to include tracking applications and personal property, not just vehicles. It clarifies that consent is revoked when a victim stops permission, requiring actors to stop tracking immediately. The bill also introduces new exemptions for former parents of adult children and rental companies, while adding a requirement for private investigators to verify protective orders before installing trackers.

Scope change

The bill expands the definition of tracking to include software applications and tangible personal property, and adds specific exemptions for caregivers of vulnerable adults and former parents of now-adult children.

DEFINITION

Renamed the offense from 'unlawful installation' to 'unlawful use' and added definitions for 'tracking application' and 'tangible personal property'.

SCOPE

Broadened the prohibited conduct to cover using apps to track individuals and placing devices on personal property, not just motor vehicles.

ELIGIBILITY

Added an exemption for former parents of minors who are now 18 or older, provided they were not told to stop tracking.

REQUIREMENT

Required private investigators to check state records for protective orders before installing a tracker on a vehicle.

EXEMPTIONS

Added exemptions for rental companies tracking their own vehicles and for peace officers obtaining information under specific statutes.

Introduced → Enrolled · 4 edits · Mar 26, 2026

MODERATE

The bill was amended to add a new exemption for rental companies and vehicle owners who allow others to use their cars, clarifying that tracking these specific vehicles is legal. The text also updated the Senate sponsor's name and adjusted the effective date of the law.

Scope change

The bill's scope was expanded to explicitly exclude rental companies and vehicle owners who permit others to use their vehicles from being charged with unlawful tracking.

SCOPE

Added an exemption for rental companies tracking vehicles they own and rent out.

Added an exemption for vehicle owners who track their own cars and allow others to drive them.

TIMELINE

Changed the bill's effective date from May 6, 2026, to March 6, 2026.

TECHNICAL

Updated the Senate sponsor's name from 'LONG TITLE' to 'Todd Weiler'.

Unlawful Tracking Amendments

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