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H.B. 202 Enrolled

    

PEACE OFFICER STANDARDS AND TRAINING

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Blake D. Chard

    AN ACT RELATING TO PUBLIC SAFETY; AMENDING THE PROCEDURES FOR PEACE
    OFFICER DECERTIFICATION FOR CONVICTION OF A FELONY; AMENDING
    AND CLARIFYING THE PEACE OFFICER AUTHORITY AND DUTIES OF PARK
    RANGERS; AND AMENDING THE CLASSIFICATIONS OF PEACE OFFICERS,
    CORRECTIONAL OFFICERS, AND SPECIAL FUNCTION OFFICERS; AND
    MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         53-6-211, as last amended by Chapter 79, Laws of Utah 1996
         63-11-17, as last amended by Chapter 299, Laws of Utah 1995
         63-11-17.3, as enacted by Chapter 158, Laws of Utah 1971
         63-34-6, as last amended by Chapters 92 and 101, Laws of Utah 1987
         77-1a-1, as last amended by Chapters 38, 103 and 234, Laws of Utah 1993
         77-1a-2, as last amended by Chapter 163, Laws of Utah 1996
         77-1a-4, as last amended by Chapter 170, Laws of Utah 1996
    ENACTS:
         63-11-17.2, Utah Code Annotated 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53-6-211 is amended to read:
         53-6-211. Revocation, suspension, or refusal of certification -- Hearings -- Grounds
     -- Notice to employer.
        (1) (a) The director may, upon the concurrence of the majority of the council, revoke,
    refuse, or suspend certification of a peace officer for cause.
        (b) [The] Except as provided under Subsection (6), the council shall give the person or
    peace officer involved prior notice and an opportunity for a full hearing before the council.


        (c) The director, with the concurrence of the council, may by rule designate a presiding
    officer to represent the council in adjudicative proceedings or hearings before the council.
        (d) Any of the following constitute cause for action under Subsection (1) (a):
        (i) willful falsification of any information to obtain certified status;
        (ii) physical or mental disability affecting the employee's ability to perform his duties;
        (iii) addiction to or the unlawful sale, possession, or use of narcotics, drugs, or drug
    paraphernalia;
        (iv) conviction of a felony or any crime involving dishonesty, unlawful sexual conduct,
    physical violence, or driving under the influence of alcohol or drugs; or
        (v) any conduct or pattern of conduct that would tend to disrupt, diminish, or otherwise
    jeopardize public trust and fidelity in law enforcement.
        (2) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any
    conviction obtained in this state or other jurisdiction may be considered for purposes of this section.
        (b) In this section, "conviction" includes a conviction that has been expunged, dismissed,
    or treated in a similar manner to either of these procedures.
        (c) This provision applies to convictions entered both before and after the effective date of
    this section.
        (3) The director shall send notice to the governing body of the political subdivision
    employing the peace officer and shall receive information or comments concerning the peace officer
    from the governing body or the agency employing the officer before suspending or revoking that
    peace officer's certification.
        (4) Denial, suspension, or revocation procedures may not be initiated by the council when
    an officer is terminated for infraction of his agency's policies, general orders, or similar guidelines
    of operation that do not amount to any of the causes for denial, suspension, or revocation enumerated
    in Subsection (1).
        (5) (a) Termination of a peace officer, whether voluntary or involuntary, does not preclude
    revocation or subsequent denial of peace officer certification status by the council if the peace officer
    was terminated for any of the reasons under Subsection (1).

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        (b) Employment by another agency, or reinstatement of a peace officer by his parent agency
    after termination, whether the termination was voluntary or involuntary, does not preclude
    revocation or subsequent denial of peace officer certification status by the council if the peace officer
    was terminated for any of the reasons under Subsection (1).
        (6) (a) When the cause for action is conviction of a felony, the proceedings prior to a
    recommendation shall be limited to an informal review of written documentation by the presiding
    officer.
        (b) If the presiding officer determines that the peace officer has been convicted of a felony,
    then the presiding officer shall recommend revocation.
        (c) The peace officer may request an informal hearing before the presiding officer solely to
    present evidence that there was no felony conviction, or that the conviction has been overturned,
    reduced to a misdemeanor, or expunged.
        (d) At the conclusion of an informal hearing, the presiding officer shall make a
    recommendation to the director and the council.
        Section 2. Section 63-11-17 is amended to read:
         63-11-17. Powers and duties of board and Division of Parks and Recreation.
        (1) The board may:
        (a) establish the policies best designed to accomplish the objectives and purposes set out in
    this act; and
        (b) make [regulations] rules governing the use and protection of the state park system.
        (2) (a) The division may acquire real and personal property in the name of the state by all
    legal and proper means, including purchase, gifts, devise, eminent domain, lease, designation of state
    land, exchange, or otherwise, subject to the approval of the executive director and the governor.
        (b) As used in this subsection, "real property" includes land under water as well as upland
    and all other property commonly or legally defined as real property.
        (c) In acquiring any real or personal property, or in establishing or designating any area as
    herein authorized, the credit of the state may not be pledged without the consent of the legislature.
        (3) [(a)] The board may enact appropriate regulations to protect state parks and property

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    from misuse or damage and to preserve the peace within state parks [by deputizing agents of the
    division as peace officers and by deputizing peace officers of the state's political subdivisions as
    agents of the Division of Parks and Recreation].
        [(b) The officers and administrators of the division and any other persons the division may
    deputize shall have the same power and shall follow the same procedure in making arrests and the
    handling of prisoners and in the general enforcement of this act as other peace officers.]
        (4) The Division of Wildlife Resources shall retain the power and jurisdiction conferred
    upon it by law within state parks and on property controlled by the Division of Parks and Recreation
    with reference to fish and game, subject to any reasonable rules and regulations the Board of Parks
    and Recreation may make to ensure the accomplishment of the objectives and purposes of this act.
        (5) The Division of Parks and Recreation shall permit multiple use of state parks and
    property controlled by it for such purposes as grazing, fish and game, mining, development and
    utilization of water and other natural resources, and other uses, subject to any reasonable rules and
    regulations the board may make within the general policies of the Department of Natural Resources
    to ensure the accomplishment of the objectives and purposes of this act.
        (6) (a) Before acquiring any real property, the division shall notify the county legislative
    body of the county where the property is situated of its intention to acquire the property.
        (b) If the county legislative body requests a hearing within ten days of receipt of the notice,
    the board shall hold a public hearing in the county concerning the matter.
        (7) Acceptance of gifts or devises of land or other property shall be in the discretion of the
    division, subject to the approval of the executive director of natural resources and the governor.
        (8) (a) Acquisition of property by eminent domain shall be in the manner authorized by Title
    78, Chapter 34.
        (b) The Division of Parks and Recreation may make charges for special services and use of
    facilities, the income from which shall be available for park and recreation purposes.
        (c) The division may conduct and operate those services necessary for the comfort and
    convenience of the public.
        (d) The board shall adopt appropriate rules governing the collection of charges under this

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    subsection.
        (9) The director of the division shall establish procedures for the issuance of permits without
    charge to citizens of this state 62 years or older which shall be nontransferable, and shall entitle the
    permittee and any person accompanying the permittee in a single, private, noncommercial vehicle
    to general admission without charge to any state park.
        (10) The division may lease or rent concessions of all lawful kinds and nature in state parks
    and property to persons, partnerships, and corporations for a valuable consideration upon the
    recommendation of the board by utilizing bid procedures established by the Department of Finance.
        (11) The division shall proceed without delay to negotiate with the federal government
    concerning the Weber Basin and other recreation and reclamation projects.
        Section 3. Section 63-11-17.2 is enacted to read:
         63-11-17.2. Peace officer authority of park rangers.
        (1) The Division of Parks and Recreation has the duty to protect state parks and park
    property from misuse or damage and to preserve the peace within state parks.
        (2) Employees of the Division of Parks and Recreation who are POST certified peace
    officers and who are designated as park rangers by the division director, are peace officers under
    Section 77-1a-1, and have all the powers of peace officers in the state, with the exception of the
    power to serve civil process.
        (3) The Division of Parks and Recreation has the authority to deputize persons who are
    peace officers or special function officers to assist park rangers on a seasonal temporary basis.
        Section 4. Section 63-11-17.3 is amended to read:
         63-11-17.3. Violation of law or board regulations -- Misdemeanor.
        Any person who violates Section 63-11-17 or any of the [regulations] rules of the board
    adopted pursuant to [these sections] this chapter is guilty of a class B misdemeanor.
        Section 5. Section 63-34-6 is amended to read:
         63-34-6. Division directors -- Appointment -- Removal -- Jurisdiction of executive
     director -- Natural resources planning.
        (1) The chief administrative officer of each division within the Department of Natural

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    Resources shall be a director. Each director shall be appointed by the executive director of the
    Department of Natural Resources with the concurrence of the board having policy authority for the
    division. The director of each division may be removed from office by the executive director of the
    Department of Natural Resources. The appointment and term of office of the state engineer,
    notwithstanding anything to the contrary contained in this section, shall be in accordance with
    Section 73-2-1.
        (2) (a) The executive director of the Department of Natural Resources shall have
    administrative jurisdiction over each of the division directors for the purpose of implementing
    department policy as established by the division boards. The executive director of the Department
    of Natural Resources may consolidate personnel and service functions in the respective divisions
    under his administrative jurisdiction to effectuate efficiency and economy in the operations of the
    department, and may establish a departmental services division to perform service functions.
        (b) This jurisdiction includes the authority of the executive director to employ peace officers
    and special function officers within the Department of Natural Resources. These peace officers shall
    have all of the powers of conservation officers provided in Title 23 and peace officers, with the
    exception of the power to serve civil process.
        (3) The executive director of the Department of Natural Resources, in cooperation with the
    Utah Energy Conservation and Development Council and governmental entities having
    policymaking authority regarding natural resources, is authorized to engage in studies and
    comprehensive planning for the development and conservation of the state's natural resources. Such
    plans shall be submitted to the governor for review and approval.
        Section 6. Section 77-1a-1 is amended to read:
         77-1a-1. Peace officer.
        (1) (a) "Peace officer" means any employee of a law enforcement agency that is part of or
    administered by the state or any of its political subdivisions, and whose duties consist primarily of
    the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this
    state or any of its political subdivisions.
        (b) "Peace officer" specifically includes the following:

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        (i) any sheriff or deputy sheriff, police officer, or marshal of any county, city, or town;
        (ii) the commissioner of public safety and any member of the Department of Public Safety
    certified as a peace officer;
        (iii) all persons specified in [Section] Sections 23-20-1.5 and 63-11-17.2;
        (iv) any police officer employed by any college or university;
        (v) investigators for the Motor Vehicle Enforcement Division;
        (vi) special agents or investigators for the attorney general, district attorneys, and county
    attorneys;
        (vii) employees of the Department of Natural Resources designated as peace officers by law;
    [and]
        (viii) school district police officers as designated by the board of education for the school
    district;
        (ix) the executive director of the Department of Corrections and any correctional
    enforcement or investigative officer designated by the executive director and approved by the
    commissioner of public safety and certified by the Peace [Officers] Officer Standards and Training
    Division; [and]
        (x) correctional enforcement, investigative, or adult probation and parole officers employed
    by the Department of Corrections serving on or before July 1, 1993; and
        [(x)] (xi) members of a law enforcement agency established by a private college or
    university provided that the college or university has been certified by the commissioner of public
    safety according to rules of the Department of Public Safety.
        (2) Peace officers have statewide peace officer authority, but the authority extends to other
    counties, cities, or towns only when they are acting under Title 77, Chapter 9, Uniform Act on Fresh
    Pursuit. This limitation does not apply to any peace officer employed by the state. The authority
    of peace officers employed by the Department of Corrections is regulated by Title 64, Chapter 13,
    Department of Corrections -- State Prison.
        (3) (a) A peace officer shall, prior to exercising peace officer authority, satisfactorily
    complete the basic course at a certified peace officer training academy or pass a certification

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    examination as provided in Section 53-6-206, and be certified.
        (b) In addition, a peace officer shall satisfactorily complete annual certified training of at
    least 40 hours per year as directed by the director of the Peace Officer Standards and Training
    Division, with the advice and consent of the Peace Officer Standards and Training Council.
        Section 7. Section 77-1a-2 is amended to read:
         77-1a-2. Correctional officer.
        (1) (a) "Correctional officer" means an officer or employee of the Department of
    Corrections, youth corrections, any political subdivision of the state, or any private entity which
    contracts with the state or its political subdivisions to incarcerate inmates, who is charged with the
    primary duty of providing community protection.
        (b) "Correctional officer" includes an individual assigned to carry out any of the following
    types of functions:
        (i) controlling, transporting, supervising, and taking into custody of persons arrested or
    convicted of crimes;
        (ii) supervising and preventing the escape of persons in state and local incarceration
    facilities; and
        (iii) guarding and managing inmates and providing security and enforcement services at a
    correctional facility[.]; and
        (iv) employees of the Board of Pardons and Parole serving on or before September 1, 1993,
    whose primary responsibility is to prevent and detect crime, enforce criminal statutes, and provide
    security to the Board of Pardons and Parole, and who are designated by the Board of Pardons and
    Parole, approved by the commissioner of public safety, and certified by the Peace Officer Standards
    and Training Division.
        (2) (a) Correctional officers have peace officer authority only while engaged in the
    performance of their duties. The authority of correctional officers employed by the Department of
    Corrections is regulated by Title 64, Chapter 13, Department of Corrections -- State Prison.
        (b) Correctional officers may carry firearms only if authorized by and under conditions
    specified by the director of the Department of Corrections or the chief law enforcement officer of

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    the employing agency.
        (3) (a) An individual may not exercise the authority of a correctional officer until the
    individual has satisfactorily completed a basic training program for correctional officers and the
    director of the Department of Corrections or the chief administrator of the employing agency has
    certified the completion of training to the director of Peace Officer Standards and Training.
        (b) The Department of Corrections of the state or the employing agency, shall establish and
    maintain a corrections officer basic course and in-service training programs as approved by the
    director of Peace Officer Standards and Training, with the advice and consent of the Council on
    Peace Officer Standards and Training. The in-service training shall consist of no fewer than 40
    hours per year, and shall be conducted by the agency's own staff or other agencies.
        (4) Employees of the Division of Youth Corrections or private entities that contract with the
    division are not required to comply with the provisions of this section until July 1, 1997.
        Section 8. Section 77-1a-4 is amended to read:
         77-1a-4. Special function officers.
        (1) (a) "Special function officers" means persons performing specialized investigations,
    service of legal process, or security functions.
        (b) "Special function officers" include state military police, constables, port-of-entry agents
    as defined in Section 27-12-2, authorized employees or agents of the Department of Transportation
    assigned to administer and enforce the provisions of Title 27, Chapter 17, Motor Carrier Safety Act,
    school district security officers, Utah State Hospital security officers designated pursuant to Section
    62A-12-203, Utah State Developmental Center security officers designated pursuant to Subsection
    62A-5-206(9), fire arson investigators for any political subdivision of the state, airport security
    officers of any airport owned or operated by the state or any of its political subdivisions, railroad
    special agents deputized by a county sheriff under Section 17-30-2, and all other persons designated
    by statute as having peace officer authority.
        (c) Ordinance enforcement officers employed by municipalities or counties may be special
    function officers.
        (d) Employees of the Department of Natural Resources who have been designated to conduct

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    supplemental enforcement functions as a collateral duty shall be special function officers.
        (2) (a) Special function officers have peace officer authority only while engaged in the duties
    of their employment, and not for the purpose of general law enforcement. If the officer is charged
    with security functions respecting facilities or property, the powers may be exercised only in
    connection with acts occurring on the property where the officer is employed or when required for
    the protection of the employer's interest, property, or employees.
        (b) Airport security officers have total peace officer authority when on duty and when acting
    in relation to the responsibilities of the airport at which they are employed, providing that the powers
    may be exercised only in connection with acts occurring on the property of the airport.
        (c) Special function officers may carry firearms only if authorized and under conditions
    specified by the officer's employer or chief administrator. The carrying of firearms by constables
    is authorized only while they are engaged in the duties of their employment.
        (3) (a) A special function officer may not exercise the authority of a peace officer until the
    officer has satisfactorily completed an approved basic training program for special function officers
    as provided under Subsection (b) and the chief law enforcement officer or administrator has certified
    this fact to the director of the Peace Officer Standards and Training Division. City and county
    constables and their deputies shall certify their completion of training to the legislative governing
    body of the county they serve.
        (b) The agency that the special function officer serves shall establish and maintain a basic
    special function course and in-service training programs as approved by the director of the Peace
    Officer Standards and Training Division with the advice and consent of the Peace Officer Standards
    and Training Council. The training shall consist of no fewer than 40 hours per year and shall be
    conducted by the agency's own staff or other agencies.

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