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INVESTIGATION PROTOCOLS FOR PEACE OFFICER USE

2     
OF FORCE

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2019 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Marc K. Roberts

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Senate Sponsor: Deidre M. Henderson

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8     LONG TITLE
9     General Description:
10          This bill modifies a provision relating to investigations of the use of force by a law
11     enforcement officer.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies and enacts definitions applicable to a provision relating to investigations
15     of officer-involved critical incidents.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-2-408, as enacted by Laws of Utah 2015, Chapter 178
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-2-408 is amended to read:
26          76-2-408. Peace officer use of force -- Investigations.
27          (1) As used in this section:
28          (a) "Dangerous weapon" [is] means a firearm or an object that in the manner of its use
29     or intended use is capable of causing death or serious bodily injury to a person.
30          (b) "Deadly force" means a force that creates or is likely to create, or that the person
31     using the force intends to create, a substantial likelihood of death or serious bodily injury to a
32     person.
33          (c) "In custody" means in the legal custody of a state prison, county jail, or other
34     correctional facility, including custody that results from:
35          (i) a detention to secure attendance as a witness in a criminal case;
36          (ii) an arrest for or charging with a crime and committing for trial;
37          (iii) committing for contempt, upon civil process, or by other authority of law; or
38          (iv) sentencing to imprisonment on conviction of a crime.
39          [(b)] (d) "Investigating agency" [is] means a law enforcement agency, the county or
40     district attorney's office, or an interagency task force composed of officers from multiple law
41     enforcement agencies.
42          [(c)] (e) "Officer" [is a] means the same as the term "law enforcement officer" as that
43     term is defined in Section 53-13-103.
44          [(d)] (f) "Officer-involved critical incident" [is] means any of the following:
45          (i) an officer's use of deadly force;
46          [(i)] (ii) [the] an officer's use of a dangerous weapon [by an officer] against a person
47     that causes injury to any person;
48          [(ii)] (iii) [a fatal] death or serious bodily injury to any person [except], other than the
49     officer, resulting from [the] an officer's:
50          (A) use of a motor vehicle [by an officer;] while the officer is on duty; or
51          (B) use of a government vehicle while the officer is off duty;
52          [(iii)] (iv) the death of a person who is in [law enforcement] custody, but [not including
53     deaths that are] excluding a death that is the result of disease, natural causes, or conditions that
54     have been medically diagnosed prior to the person's death; or
55          [(iv)] (v) [a fatal] the death of or serious bodily injury to a person not in custody, other
56     than an officer, resulting from [the efforts of an officer attempting] an officer's attempt to
57     prevent a person's escape from custody, to make an arrest, or otherwise to gain physical control
58     of a person.
59          (g) "Serious bodily injury" means the same as that term is defined in Section 76-1-601.
60          (2) When an officer-involved critical incident occurs:
61          (a) upon receiving notice of the officer-involved critical incident, the law enforcement
62     agency having jurisdiction where the incident occurred shall, as soon as practical, notify the
63     county or district attorney having jurisdiction where the incident occurred; and
64          (b) the chief executive of the law enforcement agency and the county or district
65     attorney having jurisdiction where the incident occurred shall:
66          (i) jointly designate an investigating agency for the officer-involved critical incident;
67     and
68          (ii) designate which agency is the lead investigative agency if the officer-involved
69     critical incident involves multiple investigations.
70          (3) The investigating agency under Subsection (2) may not be the law enforcement
71     agency employing the officer who is alleged to have caused or contributed to the
72     officer-involved critical incident.
73          (4) This section does not preclude the law enforcement agency employing an officer
74     alleged to have caused or contributed to the officer-involved critical incident from conducting
75     an internal administrative investigation.
76          (5) Each law enforcement agency that is part of or administered by the state or any of
77     its political subdivisions shall, by December 31, 2015, adopt and post on its publicly accessible
78     website:
79          (a) the policies and procedures the agency has adopted to select the investigating
80     agency if an officer-involved critical incident occurs in its jurisdiction and one of its officers is
81     alleged to have caused or contributed to the officer-involved incident; and
82          (b) the protocols the agency has adopted to ensure that any investigation of
83     officer-involved incidents occurring in its jurisdiction are conducted professionally,
84     thoroughly, and impartially.