First Substitute H.B. 1004

Representative Michael E. Noel proposes the following substitute bill:

1 LAW ENFORCEMENT MODIFICATIONS
2 2013 FIRST SPECIAL 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 sections of the Utah Code that were amended by H.B. 155, Federal
10 Law Enforcement Amendments, and repeals all other provisions of Section
11 53-13-106.5 .
12 Highlighted Provisions:
13 This bill:
14 . removes all provisions enacted by H.B. 155, Federal Law Enforcement
15 Amendments (2013 General Session), modifies Sections 53-13-106 and 76-8-512 to
16 remove amendments that were made by the enactment of H.B. 155, and repeals
17 Section 53-13-106.5 .
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides an immediate effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 53-13-106, as last amended by Laws of Utah 2013, Chapters 115 and 475
25 76-8-512, as last amended by Laws of Utah 2013, Chapter 475

26 REPEALS:
27 53-13-106.5, as last amended by Laws of Utah 2013, Chapters 115 and 475
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53-13-106 is amended to read:
31 53-13-106. Federal officers -- State law enforcement authority.
32 (1) (a) "Federal officer" includes:
33 (i) a special agent of the Federal Bureau of Investigation;
34 (ii) a special agent of the United States Secret Service;
35 (iii) a special agent of the United States Department of Homeland Security, excluding a
36 customs inspector or detention removal officer;
37 (iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
38 (v) a special agent of the Drug Enforcement Administration;
39 (vi) a United States marshal, deputy marshal, and special deputy United States marshal;
40 and
41 (vii) a [United States] U.S. postal inspector of the United States Postal Inspection
42 Service.
43 (b) (i) Federal officers listed in Subsection (1)(a) have statewide law enforcement
44 authority relating to felony offenses under the laws of this state. This Subsection (1)(b)(i) takes
45 precedence over Subsection (2).
46 (ii) Federal agencies and federal employees [as defined in Subsection 53-13-106.5 (1)]
47 may exercise law enforcement authority related to misdemeanor and felony offenses under
48 Utah law only as [authorized by and in accordance with Subsections 53-13-106.5 (2) through
49 (8)] established by an agreement. This Subsection (1)(b)(ii) takes precedence over Subsection
50 (2).
51 (c) The council may designate other federal peace officers, as necessary, if the officers:
52 (i) are persons employed full-time by the United States government as federally
53 recognized law enforcement officers primarily responsible for the investigation and
54 enforcement of the federal laws;
55 (ii) have successfully completed formal law enforcement training offered by an agency
56 of the federal government consisting of not less than 400 hours; and

57 (iii) maintain in-service training in accordance with the standards set forth in Section
58 53-13-103 .
59 (2) Except as otherwise provided under Title 63L, Chapter 1, Federal Jurisdiction, and
60 Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law
61 enforcement authority only if:
62 (a) the state law enforcement agencies and county sheriffs with jurisdiction enter into
63 an agreement with the federal agency to be given authority; and
64 (b) except as provided in Subsection (3), each federal officer employed by the federal
65 agency meets the waiver requirements set forth in Section 53-6-206 .
66 (3) A federal officer working as such in the state on or before July 1, 1995, may
67 exercise state law enforcement authority without meeting the waiver requirement.
68 (4) At any time, consistent with any contract with a federal agency, a state or local law
69 enforcement authority may withdraw state law enforcement authority from any individual
70 federal officer by sending written notice to the federal agency and to the division.
71 (5) The authority of a federal officer under this section is limited to the jurisdiction of
72 the authorizing state or local agency, and may be further limited by the state or local agency to
73 enforcing specific statutes, codes, or ordinances.
74 Section 2. Section 76-8-512 is amended to read:
75 76-8-512. Impersonation of officer.
76 A person is guilty of a class B misdemeanor who:
77 (1) impersonates a public servant or a peace officer with intent to deceive another or
78 with intent to induce another to submit to [the person's] his pretended official authority or to
79 rely upon [the person's] his pretended official act;
80 (2) falsely states [the person] he is a public servant or a peace officer with intent to
81 deceive another or to induce another to submit to [the person's] his pretended official authority
82 or to rely upon [the person's] his pretended official act; or
83 (3) displays or possesses without authority any badge, identification card, other form of
84 identification, any restraint device, or the uniform of any state or local governmental entity, or a
85 reasonable facsimile of any of these items, with the intent to deceive another or with the intent
86 to induce another to submit to [the person's] his pretended official authority or to rely upon the
87 [person's] his pretended official act[; or].

88 [(4) exercises law enforcement authority in violation of Section 53-13-106.5 and is an
89 employee of the:]
90 [(a) United States Bureau of Land Management; or]
91 [(b) (i) United States Forest Service; and]
92 [(ii) is not a certified law enforcement officer.]
93 Section 3. Repealer.
94 This bill repeals:
95 Section 53-13-106.5, State limitations on functions of federal law enforcement
96 officers.
97 Section 4. Effective date.
98 If approved by two-thirds of all the members elected to each house, this bill takes effect
99 upon approval by the governor, or the day following the constitutional time limit of Utah
100 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
101 the date of veto override.