HB 606

02-27 11:46  H.B. 606
1Surveillance and Investigatory Technology Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                   Chief Sponsor: Ryan D. Wilcox
                                             Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill concerns the use of surveillance and investigatory technology.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ establishes limitations on the ability of a law enforcement agency to use a surveillance or
10   investigatory technology;
11▸ provides for the exclusion of information obtained in violation of law in certain
12   circumstances;
13▸ creates a private right of action against a law enforcement agency for the law enforcement
14   agency's prohibited use of a surveillance or investigatory technology, and waives
15   governmental immunity for the private right of action;
16▸ requires a law enforcement agency to annually report information concerning the law
17   enforcement agency's use of certain technology to the State Commission on Criminal
18   and Juvenile Justice (commission);
19▸ requires the commission to annually collect and report information received from law
20   enforcement agencies regarding the use of certain technology to the Law Enforcement
21   and Criminal Justice Interim Committee;
22▸ creates a sunset review for the law enforcement agency technology data reporting
23   requirements; and
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24▸ makes technical and conforming changes.
25   Money Appropriated in this Bill:
26None
27   Other Special Clauses:
28None
29   Utah Code Sections Affected:
30   AMENDS:
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31      63G-7-301, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
32      63I-1-277, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
33      77-23e-102, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
34  ENACTS:
35      77-23e-201, Utah Code Annotated 1953
36      77-23e-202, Utah Code Annotated 1953
37      77-23e-203, Utah Code Annotated 1953
38      77-23e-204, Utah Code Annotated 1953
39      77-23e-205, Utah Code Annotated 1953
40  REPEALS:
41      77-23e-101, as enacted by Laws of Utah 2021, Chapter 200
42
43  Be it enacted by the Legislature of the state of Utah:
44Section 1. Section 63G-7-301 is amended to read:
4563G-7-301 . Waivers of immunity.
46  (1)(a) Immunity from suit of each governmental entity is waived as to any contractual
47      obligation.
48      (b) Actions arising out of contractual rights or obligations are not subject to the
49requirements of Section 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
50      (c) The Division of Water Resources is not liable for failure to deliver water from a
51reservoir or associated facility authorized by Title 73, Chapter 26, Bear River
52Development Act, if the failure to deliver the contractual amount of water is due to
53drought, other natural condition, or safety condition that causes a deficiency in the
54amount of available water.
55  (2) Immunity from suit of each governmental entity is waived:
56      (a) as to any action brought to recover, obtain possession of, or quiet title to real or
57personal property;
58      (b) as to any action brought to foreclose mortgages or other liens on real or personal
59property, to determine any adverse claim on real or personal property, or to obtain an
60adjudication about any mortgage or other lien that the governmental entity may have
61or claim on real or personal property;
62      (c) as to any action based on the negligent destruction, damage, or loss of goods,
63merchandise, or other property while it is in the possession of any governmental
64entity or employee, if the property was seized for the purpose of forfeiture under any
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65provision of state law;
66      (d) subject to Section 63G-7-302, as to any action brought under the authority of Utah
67Constitution, Article I, Section 22, for the recovery of compensation from the
68governmental entity when the governmental entity has taken or damaged private
69property for public uses without just compensation;
70      (e) as to any claim for attorney fees or costs under Section 63G-2-209, 63G-2-405, or
7163G-2-802;
72      (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
73Act;
74      (g) as to any action brought to obtain relief from a land use regulation that imposes a
75substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah
76Religious Land Use Act;
77      (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
78(i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
79crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on
80them; or
81(ii) any defective or dangerous condition of a public building, structure, dam,
82reservoir, or other public improvement;
83      (i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury proximately
84caused by a negligent act or omission of an employee committed within the scope of
85employment;
86      (j) notwithstanding Subsection 63G-7-101(4), as to a claim for an injury resulting from a
87sexual battery, as provided in Section 76-5-418, committed:
88(i) against a student of a public elementary or secondary school, including a charter
89school; and
90(ii) by an employee of a public elementary or secondary school or charter school who:
91(A) at the time of the sexual battery, held a position of special trust, as defined in
92Section 76-5-404.1, with respect to the student;
93(B) is criminally charged in connection with the sexual battery; and
94(C) the public elementary or secondary school or charter school knew or in the
95exercise of reasonable care should have known, at the time of the employee's
96hiring, to be a sex offender, a kidnap offender, or a child abuse offender as
97described in Section 53-29-202, required to register under Title 53, Chapter 29,
98Sex, Kidnap, and Child Abuse Offender Registry, whose status as a sex
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99offender, kidnap offender, or child abuse offender would have been revealed in
100a background check under Section 53G-11-402;
101      (k) as to any action brought under Section 78B-6-2303;
102      (l) as to any action brought to obtain relief under Title 53H, Chapter 7, Part 7, Student
103Legal Representation;
104      (m) as to any action brought under Section 53-30-301; [and]
105      (n) as to any action or suit brought under Section 20A-19-301 and as to any
106compensation or expenses awarded under Subsection 20A-19-301(5)[.] ; and
107      (o) as to any action brought under Section 77-23e-204.
108  (3)(a) As used in this Subsection (3):
109(i) "Code of conduct" means a code of conduct that:
110(A) is not less stringent than a model code of conduct, created by the State Board
111of Education, establishing a professional standard of care for preventing the
112conduct described in Subsection (3)(a)(i)(D);
113(B) is adopted by the applicable local education governing body;
114(C) regulates behavior of a school employee toward a student; and
115(D) includes a prohibition against any sexual conduct between an employee and a
116student and against the employee and student sharing any sexually explicit or
117lewd communication, image, or photograph.
118(ii) "Local education agency" means:
119(A) a school district;
120(B) a charter school; or
121(C) the Utah Schools for the Deaf and the Blind.
122(iii) "Local education governing board" means:
123(A) for a school district, the local school board;
124(B) for a charter school, the charter school governing board; or
125(C) for the Utah Schools for the Deaf and the Blind, the state board.
126(iv) "Public school" means a public elementary or secondary school.
127(v) "Sexual abuse" means the offense described in Subsection 76-5-404.1(2).
128(vi) "Sexual battery" means the offense described in Section 76-5-418, considering
129the term "child" in that section to include an individual under 18 years old.
130      (b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
131claim against a local education agency for an injury resulting from a sexual battery or
132sexual abuse committed against a student of a public school by a paid employee of
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133the public school who is criminally charged in connection with the sexual battery or
134sexual abuse, unless:
135(i) at the time of the sexual battery or sexual abuse, the public school was subject to a
136code of conduct; and
137(ii) before the sexual battery or sexual abuse occurred, the public school had:
138(A) provided training on the code of conduct to the employee; and
139(B) required the employee to sign a statement acknowledging that the employee
140has read and understands the code of conduct.
141   (4)(a) As used in this Subsection (4):
142(i) "Institution of higher education" means the same as that term is defined in Section
14353H-1-101.
144(ii) "Policy governing behavior" means a policy adopted by a higher education
145institution or the Utah Board of Higher Education that:
146(A) establishes a professional standard of care for preventing the conduct
147described in Subsections (4)(a)(ii)(C) and (D);
148(B) regulates behavior of a special trust employee toward a subordinate student;
149(C) includes a prohibition against any sexual conduct between a special trust
150employee and a subordinate student; and
151(D) includes a prohibition against a special trust employee and subordinate student
152sharing any sexually explicit or lewd communication, image, or photograph.
153(iii) "Sexual battery" means the offense described in Section 76-5-418.
154(iv) "Special trust employee" means an employee of an institution of higher education
155who is in a position of special trust, as defined in Section 76-5-404.1, with a
156higher education student.
157(v) "Subordinate student" means a student:
158(A) of an institution of higher education; and
159(B) whose educational opportunities could be adversely impacted by a special
160trust employee.
161(b) Notwithstanding Subsection 63G-7-101(4), immunity from suit is waived as to a
162claim for an injury resulting from a sexual battery committed against a subordinate
163student by a special trust employee, unless:
164(i) the institution of higher education proves that the special trust employee's
165behavior that otherwise would constitute a sexual battery was:
166(A) with a subordinate student who was at least 18 years old at the time of the
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167behavior; and
168(B) with the student's consent; or
169(ii)(A) at the time of the sexual battery, the institution of higher education was
170subject to a policy governing behavior; and
171(B) before the sexual battery occurred, the higher education institution had taken
172steps to implement and enforce the policy governing behavior.
173Section 2. Section 63I-1-277 is amended to read:
17463I-1-277 . Repeal dates: Title 77.
175     [Reserved] Section 77-23e-205, regarding annual reporting requirements for law
176  enforcement agency use of a surveillance or investigatory technology, is repealed July 1, 2033.
177Section 3. Section 77-23e-102 is amended to read:
178CHAPTER 23e. Limitations on Government Use of Technology
179Part 1. Government Use of Facial Recognition Technology
18077-23e-102 . Definitions.
181     As used in this [chapter] part:
182  (1) "Department" means the Department of Public Safety, created in Section 53-1-103.
183  (2) "Facial biometric data" means data derived from a measurement, pattern, contour, or
184      other characteristic of an individual's face, either directly or from an image.
185  (3)(a) "Facial recognition comparison" means the process of comparing an image or
186      facial biometric data to an image database.
187      (b) "Facial recognition comparison" does not include biometric surveillance information
188as that term is defined in Section 77-23d-102.
189  (4)(a) "Facial recognition system" means a computer system that, for the purpose of
190      attempting to determine the identity of an unknown individual, uses an algorithm to
191      compare biometric data of the face of the unknown individual to facial biometric data
192      of known individuals.
193      (b) "Facial recognition system" does not include:
194(i) a system described in Subsection (4)(a) that is available for use, free of charge, by
195the general public; or
196(ii) a system a consumer uses for the consumer's private purposes.
197  (5)(a) "Government entity" means:
198(i) an executive department agency of the state;
199(ii) the office of:
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200(A) the governor;
201(B) the lieutenant governor;
202(C) the state auditor;
203(D) the attorney general; or
204(E) the state treasurer;
205(iii) the Board of Pardons and Parole;
206(iv) the Board of Examiners;
207(v) the National Guard;
208(vi) the Career Service Review Office;
209(vii) the State Board of Education;
210(viii) the Utah Board of Higher Education;
211(ix) the State Archives;
212(x) the Office of the Legislative Auditor General;
213(xi) the Office of Legislative Fiscal Analyst;
214(xii) the Office of Legislative Research and General Counsel;
215(xiii) the Legislature;
216(xiv) a legislative committee of the Legislature;
217(xv) a court, the Judicial Council, the Administrative Office of the Courts, and
218similar administrative units in the judicial branch;
219(xvi) an institution of higher education as that term is defined in Section 53H-1-101;
220(xvii) an entity within the system of public education that receives funding from the
221state; or
222(xviii) a political subdivision of the state as that term is defined in Section 63G-7-102.
223(b) "Government entity" includes:
224(i) every office, agency, board, bureau, committee, department, advisory board, or
225commission of an entity described in Subsection (5)(a) that is funded or
226established by the government to carry out the public's business; or
227(ii) an individual acting as an agent of a government entity or acting on behalf of an
228entity described in this Subsection (5).
229   (6)(a) "Image database" means a database maintained by a government entity that
230contains images the government entity captures of an individual while the individual
231interacts with the government entity.
232(b) "Image database" does not include publicly available information.
233   (7) "Law enforcement agency" means a public entity that exists primarily to prevent, detect,
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234      or prosecute crime or enforce criminal statutes or ordinances.
235  (8) "Trained employee" means an individual who is trained to make a facial recognition
236      comparison and identification and who has completed implicit bias training.
237Section 4. Section 77-23e-201 is enacted to read:
238Part 2. Limitations on Law Enforcement Use of Technology for Surveillance or
239
                                            Investigatory Purposes
24077-23e-201 . Definitions.
241     As used in this part:
242  (1) "Artificial intelligence technology" means the same as that term is defined in Section
243      13-72-101.
244  (2) "Biometric surveillance information" means the same as that term is defined in Section
245      77-23d-102.
246  (3) "Declared emergency" means a state of emergency that is declared by:
247      (a) the president of the United States;
248      (b) the governor in an executive order under Title 53, Chapter 2a, Part 2, Disaster
249Response and Recovery Act; or
250      (c) the chief executive officer of a political subdivision in a proclamation under Title 53,
251Chapter 2a, Part 2, Disaster Response and Recovery Act.
252  (4) "Facial recognition system" means the same as that term is defined in Section
253      77-23e-102.
254  (5) "Imaging surveillance device" means the same as that term is defined in Section
255      77-23d-102.
256  (6) "Law enforcement agency" means the same as that term is defined in Section
257      77-23e-102.
258  (7) "Location tracking" means information concerning the location of an individual or an
259      electronic device.
260  (8) "Open-source data gathering" means the collection or analysis of information from
261      social media platforms, websites, or other digital actions or communications.
262  (9) "Reverse-keyword information" means the same as that term is defined in Section
263      77-23f-101.
264  (10) "Reverse-location information" means the same as that term is defined in Section
265      77-23f-101.
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266   (11) "Surveillance" means observing, collecting, monitoring, or recording an individual's
267digital or physical activities or communications.
268   (12) "Surveillance or investigatory technology" means a technology that can be used for
269surveillance or the investigation of alleged criminal activity, using:
270(a) biometric surveillance information;
271(b) a facial recognition system;
272(c) an imaging surveillance device;
273(d) location tracking;
274(e) open-source data gathering;
275(f) reverse-keyword information; or
276(g) reverse-location data.
277   (13)(a) "Technology" means a computer system, device, application, software,
278hardware, algorithm, program, or a similar product.
279(b) "Technology" includes artificial intelligence technology.
280Section 5. Section 77-23e-202 is enacted to read:
28177-23e-202 . Limitations on law enforcement agency use of technology for
282   surveillance or investigatory purposes -- Exceptions.
283   (1)(a) Except as provided in Subsection (2), on or after July 1, 2027, a law enforcement
284agency may not use a surveillance or investigatory technology unless the use of the
285surveillance or investigatory technology is specifically authorized by state statute.
286(b) A state statute that regulates the use of a surveillance or investigatory technology
287constitutes an authorization under Subsection (1)(a).
288(c) A law enforcement agency is considered to be using a surveillance or investigatory
289technology under this section regardless of whether:
290(i) the law enforcement agency's use is based on a purchase, contract, trial, pilot
291program, or demonstration; or
292(ii) the law enforcement agency obtains information from the use of a surveillance or
293investigatory technology by requesting or directing another entity to use the
294surveillance or investigatory technology on the law enforcement agency's behalf.
295   (2) A law enforcement agency may use a surveillance or investigatory technology that is
296not specifically permitted by state statute if the use of the surveillance or investigatory
297technology is:
298(a) limited to one 30-day period; and
299(b) in response to a declared emergency.
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300  (3)(a) Except as provided in Subsection (3)(b), an update or upgrade to, or expansion of,
301      a surveillance or investigatory technology that is authorized for use under Subsection
302      (1)(a) is not considered a new surveillance or investigatory technology that requires a
303      new statutory authorization under Subsection (1)(a).
304      (b) An update or upgrade to, or expansion of, an existing surveillance or investigatory
305technology authorized under Subsection (1)(a) requires a new statutory authorization
306if the update, upgrade, or expansion adds or enables a new operational capability or
307data collection or analysis function.
308  (4) Nothing in this section permits the use of any technology that is prohibited under state
309      or federal law, and a surveillance or investigatory technology may only be used as
310      permitted under applicable state and federal law.
311Section 6. Section 77-23e-203 is enacted to read:
31277-23e-203 . Exclusion of information.
313     Information obtained in violation of the provisions of this part is subject to the rules
314  governing exclusion as if the information were obtained in violation of the Fourth Amendment
315  to the United States Constitution or Utah Constitution, Article I, Section 14.
316Section 7. Section 77-23e-204 is enacted to read:
31777-23e-204 . Right of action for violation.
318  (1) Subject to Section 78B-3-101.3, a person who has been injured by a law enforcement
319      agency's use of a surveillance or investigatory technology in violation of Section
320      77-23e-202 may bring an action against the law enforcement agency for the relief
321      described in Subsection (2) if:
322      (a) the law enforcement agency's use of the surveillance or investigatory technology was
323a knowing or reckless violation of Section 77-23e-202; and
324      (b) the information obtained as a result of the violation described in Subsection (1)(a)
325caused the person's injury.
326  (2) If in the action described in Subsection (1) the court finds by a preponderance of the
327      evidence a violation described in Subsection (1), the court shall award:
328      (a) compensatory damages established by the plaintiff, or $2,000, whichever is greater;
329      (b) preliminary and other equitable or declaratory relief; and
330      (c) reasonable attorney fees and reasonably incurred litigation costs.
331  (3) It is a complete defense to an action brought under this section if the law enforcement
332      agency acted under a good faith determination that Section 77-23e-202 permitted the
333      conduct that caused the violation of Section 77-23e-202.
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334Section 8. Section 77-23e-205 is enacted to read:
33577-23e-205 . Annual reporting requirements for law enforcement agency use of a
336   surveillance or investigatory technology.
337   (1) Beginning on July 1, 2028, a law enforcement agency shall annually, on or before July 1
338of each year, report to the State Commission on Criminal and Juvenile Justice:
339(a) the type and, if applicable, the name and vendor, for each surveillance or
340investigatory technology that the law enforcement agency used during the preceding
341year; and
342(b) the authorization under Section 77-23e-202 for each item described in Subsection
343(1)(a), including:
344(i) for an authorization under Subsection 77-23e-202(1)(a), for a surveillance or
345investigatory technology that is authorized by state statute, the citation to the state
346statute that authorizes the use of the surveillance or investigatory technology; and
347(ii) for an authorization under Subsection 77-23e-202(2), for a surveillance or
348investigatory technology temporarily used in response to a declared emergency:
349(A) the dates that the surveillance or investigatory technology were used by the
350law enforcement agency;
351(B) the date of the declared emergency; and
352(C) the entity that declared the emergency.
353   (2) The State Commission on Criminal and Juvenile Justice shall:
354(a) compile a report of the data submitted under Subsection (1); and
355(b) annually on or before October 1, provide the report to the Law Enforcement and
356Criminal Justice Interim Committee.
357Section 9. Repealer.
358This bill repeals:
359Section 77-23e-101, Title.
360Section 10. Effective Date.
361   This bill takes effect on May 6, 2026.
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