H.B.
149
AMENDMENTS TO FEDERAL LAW ENFORCEMENT LIMITATIONS
House Floor
Amendments
Amendment 2 March 4, 2014 4:15 PM
Representative Michael E. Noel
proposes the following amendments:
1. Page
1, Lines 14 through 15
:
14
{
. modifies current law regarding state and local law enforcement officers' recognition
15
of law enforcement authority by federal agencies and employees;
}
2. Page
2, Line 37
House Committee Amendments
2-27-2014
:
37
. allows
{
local law enforcement agencies
}
county sheriffs
to enter into agreements with
federal agencies
3. Page
2, Lines 45 through 46
House Committee Amendments
2-27-2014
:
45
{
AMENDS:
}
46
{
53-13-106
, as last amended by Laws of Utah 2013, First Special Session, Chapter 4
}
4. Page
, Line 59 through Page 4, Line 103
:
59
{
Section 1.
Section
53-13-106
is amended to read:
60
53-13-106. Federal officers -- State law enforcement authority.
61
(1) (a) "Federal officer" includes:
62
(i) a special agent of the Federal Bureau of Investigation;
63
(ii) a special agent of the United States Secret Service;
64
(iii) a special agent of the United States Department of Homeland Security, excluding a
65
customs inspector or detention removal officer;
66
(iv) a special agent of the Bureau of Alcohol, Tobacco and Firearms;
67
(v) a special agent of the Drug Enforcement Administration;
68
(vi) a United States marshal, deputy marshal, and special deputy United States marshal;
69
and
70
(vii) a U.S. postal inspector of the United States Postal Inspection Service.
71
(b) (i) Federal officers listed in Subsection (1)(a) have statewide law enforcement
72
authority relating to felony offenses under the laws of this state. This Subsection (1)(b)(i) takes
73
precedence over Subsection (2).
74
(ii) [Federal] Subject to Sections
53-13-106.1
through
53-13-106.10
, state and local
75
law enforcement officers are authorized to recognize the exercise of law enforcement authority
76
by federal agencies and federal employees [may exercise law enforcement authority related to
77
misdemeanor and felony offenses under Utah law only as established by an agreement] as
78
defined in Section
53-13-106.1
. This Subsection (1)(b)(ii) takes precedence over Subsection
79
(2).
80
(c) The council may designate other federal peace officers, as necessary, if the officers:
81
(i) are persons employed full-time by the United States government as federally
82
recognized law enforcement officers primarily responsible for the investigation and
83
enforcement of the federal laws;
84
(ii) have successfully completed formal law enforcement training offered by an agency
85
of the federal government consisting of not less than 400 hours; and
86
(iii) maintain in-service training in accordance with the standards set forth in Section
87
53-13-103
.
88
(2) Except as otherwise provided under Title 63L, Chapter 1, Federal Jurisdiction, and
89
Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise state law
90
enforcement authority only if:
91
(a) the state law enforcement agencies and county sheriffs with jurisdiction enter into
92
an agreement with the federal agency to be given authority; and
93
(b) except as provided in Subsection (3), each federal officer employed by the federal
94
agency meets the waiver requirements set forth in Section
53-6-206
.
95
(3) A federal officer working as such in the state on or before July 1, 1995, may
96
exercise state law enforcement authority without meeting the waiver requirement.
97
(4) At any time, consistent with any contract with a federal agency, a state or local law
98
enforcement authority may withdraw state law enforcement authority from any individual
99
federal officer by sending written notice to the federal agency and to the division.
100
(5) The authority of a federal officer under this section is limited to the jurisdiction of
101
the authorizing state or local agency, and may be further limited by the state or local agency to
102
enforcing specific statutes, codes, or ordinances.
}
103
Section
{
2
}
1.
.
Section
53-13-106.1
is enacted to read:
5. Page
5, Line 150
:
150
Section
{
3
}
2
.
Section
53-13-106.2
is enacted to read:
6. Page
6, Line 167
House Committee Amendments
2-27-2014
:
167
Section
{
4
}
(3)
.
Section
53-13-106.3
is enacted to read:
7. Page
6, Lines 174 through 177
a.House Committee Amendments
b.2-27-2014
:
174
Section
{
5
}
(4)
.
Section
53-13-106.4
is enacted to read:
175
53-13-106.4. State and
{
local
}
county sheriff
law enforcement officers and federal employees
--
176
Enforcement of federal laws and regulations by state and
{
local
}
county sheriff
officers.
177
A state
{
or local
}
law enforcement agency
or a county sheriff
H. [is authorized to] may
.H assist a
8. Page
7, Line 186
House Committee Amendments
2-27-2014
:
186
(3)] .H the state
{
or local
}
law enforcement agency
or a county sheriff
has H. [complied
with] entered into
9. Page
7, Line 187
House Committee Amendments
2-27-2014
:
187
Section
{
6
}
5
.
Section
53-13-106.6
is enacted to read:
10. Page
7, Line 194
House Committee Amendments
2-27-2014
:
194
managed land, only if
{
such
}
the
exercise is consistent with the Constitution of the United States and
11. Page
7, Line 203
House Committee Amendments
2-27-2014
:
203
Section
{
7
}
6
.
Section
53-13-106.7
is enacted to read:
12. Page
8, Line 219
House Committee Amendments
2-27-2014
:
219
Section
{
8
}
7
.
Section
53-13-106.8
is enacted to read:
13. Page
8, Lines 226 through 227
House Committee Amendments
2-27-2014
:
226
Section
{
9
}
8
.
Section
53-13-106.9
is enacted to read:
227
53-13-106.9. State and
{
local law
}
county sheriff law
enforcement officers and federal
employees --
14. Page
8, Line 230
House Committee Amendments
2-27-2014
:
230
(1)
{
Local law enforcement agencies
}
County sheriffs
may enter into agreements with
federal agencies
15. Page
8, Line 238a
House Committee Amendments
2-27-2014
:
238a
H. (3)
{
Local law enforcement agencies
}
Local county sheriffs
may enter into agreements
with federal
16. Page
8, Line 239
House Committee Amendments
2-27-2014
:
239
Section
{
10
}
9
.
Section
53-13-106.10
is enacted to read:
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