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S.B. 2008 Enrolled
This act modifies the Public Safety Code. The act creates a peace officer classification for
Federal Olympic Officers. The act defines Federal Olympic Officers and grants them full-
spectrum peace officer authority in the state during the limited time period of the 2002
Olympic Winter Games and the 2002 Paralympic Winter Games. The act also grants
authority to out-of-state peace officers working in the state under the Olympic Public Safety
Command. The act provides for an effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53-13-106, as last amended by Chapter 296, Laws of Utah 2001
53-13-107, as renumbered and amended by Chapter 282, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-13-106 is amended to read:
53-13-106. Federal officers -- State law enforcement authority -- Federal Olympic
Officer.
(1) (a) "Federal officer" includes:
(i) a special agent of the Federal Bureau of Investigation;
(ii) a special agent of the United States Secret Service;
(iii) a special agent of the United States Customs Service, excluding a customs inspector;
(iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
(v) a special agent of the Federal Drug Enforcement Agency;
(vi) a United States marshal, deputy marshal, and special deputy United States marshal;
and
(vii) a U.S. Postal Inspector of the United States Postal Inspection Service.
(b) Notwithstanding Subsection (2), federal officers listed in Subsection (1)(a) have
statewide law enforcement authority relating to felony offenses under the laws of this state.
(c) The council may designate other federal peace officers, as necessary, if the officers:
(i) are persons employed full-time by the United States government as federally recognized
law enforcement officers primarily responsible for the investigation and enforcement of the federal
laws;
(ii) have successfully completed formal law enforcement training offered by an agency of
the federal government consisting of not less than 400 hours; and
(iii) maintain in-service training in accordance with the standards set forth in Section
53-13-103 .
(2) Except as otherwise provided under Title 63, Chapter 8, Federal Jurisdiction, and Title
77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law enforcement
authority only if:
(a) the state law enforcement agencies and county sheriffs with jurisdiction enter into an
agreement with the federal agency to be given authority; and
(b) except as provided in Subsection (3) of this section, each federal officer employed by the
federal agency meets the waiver requirements set forth in Section 53-6-206 .
(3) A federal officer working as such in the state on or before July 1, 1995, may exercise
state law enforcement authority without meeting the waiver requirement.
(4) At any time, consistent with any contract with a federal agency, a state or local law
enforcement authority may withdraw state law enforcement authority from any individual federal
officer by sending written notice to the federal agency and to the division.
(5) The authority of a federal officer under this section is limited to the jurisdiction of the
authorizing state or local agency, and may be further limited by the state or local agency to enforcing
specific statutes, codes, or ordinances.
(6) (a) As used in this section, "Federal Olympic Officer" means any federally sworn law
enforcement officer operating under the control of the United States Secret Service or the Olympic
Public Safety Command created in Section 53-12-201 , beginning on January 1, 2002, and ending
at midnight on March 30, 2002.
(b) Federal Olympic Officers are exempt from the application of the provisions in Subsection
(1)(c), Subsection (2), and Subsection (3) of this section.
(c) To the extent permitted by federal law or regulation, and not withstanding any other
provision of this section, Federal Olympic Officers shall have full-spectrum peace officer authority
in Utah as though the officer or agent were an employee of the state, as provided in Subsection
53-13-103 (3)(b).
Section 2. Section 53-13-107 is amended to read:
53-13-107. Basic training requirements for position -- Peace officers temporarily in the
state.
(1) (a) Any person who has satisfactorily completed, before the effective date of this chapter,
an approved basic training program required of the person's position may act in a certified capacity
without completion of an additional basic training program.
(b) Any person hired, appointed, or elected to any position designated in this chapter, except
federal officer, shall satisfactorily complete the required basic training required of that position
before the person is authorized to exercise peace officer powers under this chapter.
(2) Any peace officer employed by a law enforcement agency of another state and
functioning in that capacity within Utah on a temporary basis is considered certified under Utah law:
(a) while functioning as a peace officer within the state at the request of a Utah law
enforcement agency; [
(b) when conducting business as a representative of a law enforcement agency from another
state[
(c) while functioning in a law enforcement capacity under the jurisdiction of the Olympic
Public Safety Command created in Section 53-12-201 beginning January 1, 2002, and ending at
midnight on March 30, 2002.
Section 3. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.
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