H.B. 155

1

FEDERAL LAW ENFORCEMENT AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael E. Noel
5 Senate Sponsor: David P. Hinkins
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Public Safety Code and the Utah Criminal Code by limiting the
10 authority of specified federal employees to exercise law enforcement authority within
11 Utah.
12 Highlighted Provisions:
13 This bill:
14 . defines the "exercise of law enforcement authority";
15 . modifies the definition of a "federal agency" by listing specific United States'
16 agencies;
17 . amends the definition of "federal employee" to include any employee or agent of a
18 federal agency, with the exception of special agents, marshals, and inspectors of
19 specified federal agencies;
20 . expands the definition of "federal land";
21 . amends the prohibition on federal employees exercising law enforcement authority
22 in any county so that it requires that the federal Secretary of the Interior must have
23 previously achieved maximum feasible reliance on the county's law enforcement
24 agency in enforcing federal laws regarding the lands managed by the United States
25 Bureau of Land Management;
26 . provides that Utah does not recognize the authority of any United States Forest
27 Service employee who is not a certified law enforcement officer or any Bureau of

28 Land Management employee to exercise law enforcement authority under state, local, or
29 federally assimilated law unless:
30 . the offense is a violation of federal law and is consistent with the federal
31 constitution; or
32 . there is an emergency, and state or local officers are not reasonably available;
33 . provides that employees of the United States Bureau of Land Management may not
34 take action regarding any state or local Utah law or federal provision that is an
35 assimilation of Utah law unless there is an emergency and a state or local law
36 enforcement officer is not available to take action;
37 . provides that state and local law enforcement agencies may enter into agreements
38 with federal agencies, but with limited, rather than concurrent, authority; and
39 . provides that if an employee of the United States Bureau of Land Management acts
40 under an assimilated law other than as specified regarding an emergency, the officer
41 is guilty of impersonation of a peace officer.
42 Money Appropriated in this Bill:
43 None
44 Other Special Clauses:
45 None
46 Utah Code Sections Affected:
47 AMENDS:
48 53-13-106, as last amended by Laws of Utah 2010, Chapter 411
49 53-13-106.5, as enacted by Laws of Utah 2010, Chapter 411
50 76-8-512, as last amended by Laws of Utah 1991, Chapter 210
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 53-13-106 is amended to read:
54 53-13-106. Federal officers -- State law enforcement authority.
55 (1) (a) "Federal officer" includes:
56 (i) a special agent of the Federal Bureau of Investigation;
57 (ii) a special agent of the United States Secret Service;
58 (iii) a special agent of the United States Department of Homeland Security, excluding a

59 customs inspector or detention removal officer;
60 (iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
61 (v) a special agent of the Drug Enforcement Administration;
62 (vi) a United States marshal, deputy marshal, and special deputy United States marshal;
63 and
64 (vii) a [U.S.] United States postal inspector of the United States Postal Inspection
65 Service.
66 (b) (i) Federal officers listed in Subsection (1)(a) have statewide law enforcement
67 authority relating to felony offenses under the laws of this state. This Subsection (1)(b)(i) takes
68 precedence over Subsection (2).
69 (ii) Federal agencies and federal employees as defined in Subsection 53-13-106.5 (1)
70 may exercise law enforcement authority related to felony offenses under Utah law only [as
71 established by an agreement under Subsection 53-13-106.5 (7)] as authorized by and in
72 accordance with Subsections 53-13-106.5 (2) through (8). This Subsection (1)(b)(ii) takes
73 precedence over Subsection (2).
74 (c) The council may designate other federal peace officers, as necessary, if the officers:
75 (i) are persons employed full-time by the United States government as federally
76 recognized law enforcement officers primarily responsible for the investigation and
77 enforcement of the federal laws;
78 (ii) have successfully completed formal law enforcement training offered by an agency
79 of the federal government consisting of not less than 400 hours; and
80 (iii) maintain in-service training in accordance with the standards set forth in Section
81 53-13-103 .
82 (2) Except as otherwise provided under Title 63L, Chapter 1, Federal Jurisdiction, and
83 Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law
84 enforcement authority only if:
85 (a) the state law enforcement agencies and county sheriffs with jurisdiction enter into
86 an agreement with the federal agency to be given authority; and
87 (b) except as provided in Subsection (3), each federal officer employed by the federal
88 agency meets the waiver requirements set forth in Section 53-6-206 .
89 (3) A federal officer working as such in the state on or before July 1, 1995, may

90 exercise state law enforcement authority without meeting the waiver requirement.
91 (4) At any time, consistent with any contract with a federal agency, a state or local law
92 enforcement authority may withdraw state law enforcement authority from any individual
93 federal officer by sending written notice to the federal agency and to the division.
94 (5) The authority of a federal officer under this section is limited to the jurisdiction of
95 the authorizing state or local agency, and may be further limited by the state or local agency to
96 enforcing specific statutes, codes, or ordinances.
97 Section 2. Section 53-13-106.5 is amended to read:
98 53-13-106.5. State limitations on functions of federal law enforcement officers.
99 (1) As used in this section:
100 (a) "Exercise law enforcement authority" means:
101 (i) to take any action on private land, state-owned land, or federally managed land, to
102 investigate, stop, serve process, search, arrest, cite, book, or incarcerate a person for a violation
103 of a federal, state, or local criminal justice system when the action is based on:
104 (A) a federal statute, regulation, or rule;
105 (B) a state or local statute, ordinance, regulation, or rule; or
106 (C) a state or local statute, ordinance, regulation, or rule that has been assimilated into
107 federal law under a federal assimilation statute; or
108 (ii) to gain access to or use the correctional or communication facilities and equipment
109 of any state or local law enforcement agency.
110 [(a)] (b) "Federal agency" means a federal agency that manages federally managed
111 land[.] or regulates activities on that land, including:
112 (i) the United States Bureau of Land Management;
113 (ii) the United States Forest Service;
114 (iii) the National Park Service;
115 (iv) the United States Fish and Wildlife Service;
116 (v) the United States Bureau of Reclamation;
117 (vi) the United States Environmental Protection Agency; and
118 (vii) the United States Army Corps of Engineers.
119 [(b)] (c) "Federal employee" means an employee [of:] or other agent of a federal
120 agency, but does not include:

121 (i) a special agent of the Federal Bureau of Investigation;
122 (ii) a special agent of the United States Secret Service;
123 (iii) a special agent of the United States Department of Homeland Security, excluding a
124 customs inspector or detention removal officer;
125 (iv) a special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
126 (v) a special agent of the United States Drug Enforcement Administration;
127 (vi) a United States marshal, deputy marshal, or special deputy United States marshal;
128 or
129 (vii) a United States postal inspector of the United States Postal Inspection Service.
130 [(i) the Bureau of Land Management;]
131 [(ii) the United States Forest Service; or]
132 [(iii) the National Park Service.]
133 [(c)] (d) "Federally managed land" means land managed by the following federal
134 agencies:
135 (i) the United States Bureau of Land Management;
136 (ii) the United States Forest Service; [and]
137 (iii) the National Park Service[.];
138 (iv) the United States Fish and Wildlife Service; and
139 (v) the United States Bureau of Reclamation.
140 (2) Unless otherwise provided by Utah law, federal employees performing their duties
141 in Utah:
142 (a) may not exercise law enforcement authority solely because the land on which they
143 exercise the authority is federally managed; and
144 (b) may exercise only law enforcement authority:
145 (i) expressly granted by federal statute; and
146 (ii) consistent with the Constitution of the United States.
147 (3) Utah does not authorize federal employees to exercise law enforcement powers to
148 enforce the laws of Utah, either on or off federally managed land except as authorized under
149 this section or other provisions of state statute.
150 (4) (a) Utah does not recognize the authority of employees or agents of the United
151 States Department of Interior to exercise law enforcement powers in any county when the

152 exercise of the authority:
153 (i) occurs before the United States Secretary of the Interior has achieved the maximum
154 feasible reliance upon the county's law enforcement officials in enforcing federal laws and
155 regulations for the management, use, and protection of lands managed by the United States
156 Bureau of Land Management, as required under 43 U.S.C. Sec. 1733(c)(2); or
157 (ii) goes beyond those powers strictly necessary for the management, use, and
158 protection of federally managed lands, including property located on these lands, as limited by
159 43 U.S.C. Sec. 1733(a) [and 1733(c)(2)].
160 (b) As required by Congress in 43 U.S.C. Sec. 1733(c)(1), when the Secretary of
161 Interior determines that state or local assistance is necessary in enforcing federal laws and
162 regulations relating to federally managed lands or the resources on those lands, the secretary
163 shall offer a contract to appropriate state or local law enforcement agencies of the state with the
164 purpose of achieving maximum feasible reliance upon state or local law enforcement officials
165 in enforcing the federal laws and regulations.
166 (5) Utah does not authorize federal employees to take action based on the Utah Code,
167 Utah Administrative Rules, or county or municipal ordinances as a basis to arrest or cite
168 persons for prosecution in the federal criminal justice system, unless the action:
169 (a) has been expressly granted by federal statute; and
170 (b) is consistent with the Constitution of the United States.
171 (6) The authority of a United States Forest Service employee who is not a trained and
172 certified law enforcement officer and the authority of any employee of the United States
173 Bureau of Land Management to take action based on the Utah Code, Utah Administrative
174 Rules, or county or municipal ordinances, or a federal assimilation of any of these provisions,
175 as a basis to arrest or cite persons for prosecution in the federal criminal justice system, is not
176 recognized, unless:
177 (a) (i) the authority for the action has been expressly granted by an enacted federal
178 statute and not by assimilation of any state laws or ordinances; and
179 (ii) is consistent with the Constitution of the United States; or
180 (b) (i) the offense is an emergency or poses an immediate risk of bodily injury or
181 damage to property; and
182 (ii) a state, county, or municipal law enforcement officer is not reasonably available to

183 take action.
184 [(6)] (7) State and local government agencies may not allow any federal agency access
185 to or use of the correctional and communication facilities and equipment of any state or local
186 law enforcement agency without the express written consent of the appropriate responsible
187 official of the state or local law enforcement agency.
188 [(7)] (8) State and local law enforcement agencies may enter into agreements with
189 federal agencies granting [concurrent] limited authority to specific federal employees to
190 exercise law enforcement powers to enforce federal laws and state and local laws, provided the
191 agreements are limited to a term not to exceed two years.
192 [(8)] (9) (a) County sheriffs shall regularly review the duties and activities of federal
193 agencies that have law enforcement responsibilities and that are acting within the jurisdictional
194 area of the county to [ascertain whether] determine if the federal agencies are acting
195 consistently with this section.
196 (b) County sheriffs shall annually report to the county attorney or district attorney of
197 their jurisdiction the results of all reviews conducted under this Subsection [(8)] (9).
198 Section 3. Section 76-8-512 is amended to read:
199 76-8-512. Impersonation of officer.
200 A person is guilty of a class B misdemeanor who:
201 (1) impersonates a public servant or a peace officer with intent to deceive another or
202 with intent to induce another to submit to [his] the person's pretended official authority or to
203 rely upon [his] the person's pretended official act;
204 (2) falsely states [he] the person is a public servant or a peace officer with intent to
205 deceive another or to induce another to submit to [his] the person pretended official authority
206 or to rely upon [his] the person's pretended official act; or
207 (3) displays or possesses without authority any badge, identification card, other form of
208 identification, any restraint device, or the uniform of any state or local governmental entity, or a
209 reasonable facsimile of any of these items, with the intent to deceive another or with the intent
210 to induce another to submit to [his] the person's pretended official authority or to rely upon
211 [his] the person's pretended official act[.]; or
212 (4) exercises law enforcement authority in violation of Section 53-13-106.5 and is an
213 employee of the:

214 (a) United States Bureau of Land Management; or
215 (b) (i) United States Forest Service; and
216 (ii) is not a certified law enforcement officer.




Legislative Review Note
as of 2-6-13 7:33 PM

Office of Legislative Research and General Counsel

[Bill Documents]