House of Representatives
State of Utah
The Law Enforcement and Criminal Justice Committee recommends H.B. 213, PEACE
OFFICER STANDARDS AND TRAINING AMENDMENTS, by Representative R. Greenwood, be
replaced and reports a favorable recommendation on 1st Sub. H.B. 213, PEACE OFFICER
STANDARDS AND TRAINING AMENDMENTS with the following amendments:
Section 53-13-103, shall be qualified to possess a firearm under state and federal
law.
Curtis Oda
Voting: 9-0-2
1. Page
2, Lines 37 through 51
:
37
(1) Before being accepted for admission to the training programs conducted by a
38
certified academy, and before being allowed to take a certification examination, each
applicant
39
for admission or certification examination shall meet the following requirements:
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(a) be a United States citizen;
41
(b) be at least 21 years old at the time of appointment as a peace officer;
42
(c) be a high school graduate or furnish evidence of successful completion of an
43
examination indicating an equivalent achievement;
44
(d) have not been convicted of a crime for which the applicant could have been
45
punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary
of
46
this or another state;
47
(e) have demonstrated good moral character, as determined by a background
48
investigation;
[
}
and
{
]
}
49
(f) be free of any physical, emotional, or mental condition that might adversely
affect
50
the performance of the applicant's duties as a peace officer
[
}
.
{
]
}
{
; and
51
(g) be eligible to possess a firearm under state law.
}
2. Page
3, Lines 67 through 69
:
67
(5) An applicant shall be considered to be of good moral character under Subsection
68
(1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection
69
53-6-211
(1).
(6) An applicant seeking certification as a law enforcement officer, as defined in
3. Page
3, Line 73 through Page 4, Line 88
:
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(1) The council has authority to suspend or revoke the certification of a peace
officer, if
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the peace officer:
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(a) willfully falsifies any information to obtain certification;
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(b) has any physical or mental disability affecting the peace officer's ability to
perform
77
duties;
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(c) is addicted to alcohol or any controlled substance, unless the peace officer
reports
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the addiction to the employer and to the director as part of a departmental early
intervention
80
process;
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(d) engages in conduct which is a state or federal criminal offense, but not including
a
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traffic offense that is a class C misdemeanor or infraction;
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(e) refuses to respond, or fails to respond truthfully, to questions after having been
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issued a warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967);
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(f) engages in sexual conduct while on duty; or
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(g)
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[(g) is dismissed from the armed forces of the Unites States under dishonorable
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conditions.]
Respectfully,
Committee Chair
7 HB0213.HC1.wpd 2/12/13 4:58 pm nbrady/NWB AKJ/MDA
Bill Number
*HB0213S01*
HB0213S01