1st Sub. H.B. 213
         PEACE OFFICER STANDARDS AND TRAINING AMENDMENTS

House Committee Amendments

Amendment 1 February 12, 2013 9:07 AM



Representative Richard A. Greenwood proposes the following amendments:

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:
             40          (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 Section 53-13-103, shall be qualified to possess a firearm under state and federal law.  


3.    Page 3, Line 73 through Page 4, Line 88 :    

             73          (1) The council has authority to suspend or revoke the certification of a peace officer, if
             74      the peace officer:
             75          (a) willfully falsifies any information to obtain certification;
             76          (b) has any physical or mental disability affecting the peace officer's ability to perform
             77      duties;
             78          (c) is addicted to alcohol or any controlled substance, unless the peace officer reports
             79      the addiction to the employer and to the director as part of a departmental early intervention


             80      process;
             81          (d) engages in conduct which is a state or federal criminal offense, but not including a
             82      traffic offense that is a class C misdemeanor or infraction;
             83          (e) refuses to respond, or fails to respond truthfully, to questions after having been
             84      issued a warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967);
             85          (f) engages in sexual conduct while on duty; or
             86          (g)
  is certified as a law enforcement officer, as defined in Section 53-13-103, and       is unable to possess a firearm under state        or federal       law.

             87          [(g) is dismissed from the armed forces of the Unites States under dishonorable
             88      conditions.]


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