53-10-104.5.  Wireless service — Call location in emergencies.

(1)  As used in this section:

Terms Used In Utah Code 53-10-104.5

  • Division: means the Criminal Investigations and Technical Services Division created in Section 53-10-103. See Utah Code 53-10-102
  • Law enforcement agency: means an entity or division of:
(i) 
(A) the federal government, a state, or a political subdivision of a state;
(B) a state institution of higher education; or
(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  “Call location information” means the best available location information, including information obtained by use of historical cellular site information or a mobile locator tool.

    (b)  “Law enforcement agency” or “agency” has the same definition as in Section 53-1-102.

    (c)  “Mobile telecommunications service” has the same definition as in Section 54-8b-2.

    (d)  “Telecommunication device” has the same definition as in Section 76-6-409.5.

    (2)  A mobile telecommunications service shall provide call location information regarding a telecommunication device user whom a law enforcement agency has reason to believe is in need of services under Subsection (2)(a) or (b), upon the request of a law enforcement agency or a public safety communications center if the agency or center determines the location information is necessary in order to respond to:

    (a)  a call for emergency response services; or

    (b)  an emergency situation that involves the imminent risk of death or serious bodily injury as defined in Section 76-1-101.5.

    (3)  The mobile telecommunications service may establish procedures for its voluntary response to a request for location under Subsection (2).

    (4)  A mobile telecommunications service that, acting in good faith, provides information as requested under Subsection (2) may not be held civilly liable for providing the information.

    (5) 

    (a)  The division shall obtain contact information from all mobile telecommunication service providers that provide services in this state to facilitate communicating location requests under Subsection (2).

    (b)  The division shall provide the contact information to all public safety communications centers in the state and shall provide updates to the contact information.

    Amended by Chapter 430, 2022 General Session