H.B. 202

1

PEACE OFFICER STANDARDS AND TRAINING
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Blake D. Chard
5 AN ACT RELATING TO PUBLIC SAFETY; AMENDING THE PROCEDURES FOR PEACE
6 OFFICER DECERTIFICATION FOR CONVICTION OF A FELONY; AMENDING AND
7 CLARIFYING THE PEACE OFFICER AUTHORITY AND DUTIES OF PARK RANGERS;
8 AND AMENDING THE CLASSIFICATIONS OF PEACE OFFICERS, CORRECTIONAL
9 OFFICERS, AND SPECIAL FUNCTION OFFICERS; AND MAKING TECHNICAL
10 CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 53-6-211, as last amended by Chapter 79, Laws of Utah 1996
14 63-11-17, as last amended by Chapter 299, Laws of Utah 1995
15 63-11-17.3, as enacted by Chapter 158, Laws of Utah 1971
16 63-34-6, as last amended by Chapters 92 and 101, Laws of Utah 1987
17 77-1a-1, as last amended by Chapters 38, 103 and 234, Laws of Utah 1993
17a h 77-1a-2, as last amended by Chapter 163, Laws of Utah 1996 h
18 77-1a-4, as last amended by Chapter 170, Laws of Utah 1996
19 ENACTS:
20 63-11-17.2, Utah Code Annotated 1953
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 53-6-211 is amended to read:
23 53-6-211. Revocation, suspension, or refusal of certification -- Hearings -- Grounds
24 -- Notice to employer.
25 (1) (a) The director may, upon the concurrence of the majority of the council, revoke,
26 refuse, or suspend certification of a peace officer for cause.
27 (b) [The] Except as provided under Subsection (6), the council shall give the person or

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

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1 agency after termination, whether the termination was voluntary or involuntary, does not preclude
2 revocation or subsequent denial of peace officer certification status by the council if the peace
3 officer was terminated for any of the reasons under Subsection (1).
4 (6) (a) When the cause for action is conviction of a felony, the proceedings prior to a
5 recommendation shall be limited to an informal review of written documentation by the presiding
6 officer.
7 (b) If the presiding officer determines that the peace officer has been convicted of a felony,
8 then the presiding officer shall recommend revocation.
9 (c) The peace officer may request an informal hearing before the presiding officer solely
10 to present evidence that there was no felony conviction, or that the conviction has been overturned,
11 reduced to a misdemeanor, or expunged.
12 (d) At the conclusion of an informal hearing, the presiding officer shall make a
13 recommendation to the director and the council.
14 Section 2. Section 63-11-17 is amended to read:
15 63-11-17. Powers and duties of board and Division of Parks and Recreation.
16 (1) The board may:
17 (a) establish the policies best designed to accomplish the objectives and purposes set out
18 in this act; and
19 (b) make [regulations] rules governing the use and protection of the state park system.
20 (2) (a) The division may acquire real and personal property in the name of the state by all
21 legal and proper means, including purchase, gifts, devise, eminent domain, lease, designation of
22 state land, exchange, or otherwise, subject to the approval of the executive director and the
23 governor.
24 (b) As used in this subsection, "real property" includes land under water as well as upland
25 and all other property commonly or legally defined as real property.
26 (c) In acquiring any real or personal property, or in establishing or designating any area
27 as herein authorized, the credit of the state may not be pledged without the consent of the
28 legislature.
29 h [[ ] (3) (a) The board may enact appropriate regulations to protect state parks and property
30 from misuse or damage and to preserve the peace within state parks []] . h [ by deputizing agents of
30a the
31 division as peace officers and by deputizing peace officers of the state's political subdivisions as

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1 agents of the Division of Parks and Recreation.]
2 [(b) The officers and administrators of the division and any other persons the division may
3 deputize shall have the same power and shall follow the same procedure in making arrests and the
4 handling of prisoners and in the general enforcement of this act as other peace officers.]
5 h [[] (4) []] [(3)] h The Division of Wildlife Resources shall retain the power and jurisdiction
6 conferred upon it by law within state parks and on property controlled by the Division of Parks and
7 Recreation with reference to fish and game, subject to any reasonable rules and regulations the
8 Board of Parks and Recreation may make to ensure the accomplishment of the objectives and
9 purposes of this act.
10 h [[] (5) []] [(4)] h The Division of Parks and Recreation shall permit multiple use of state
10a parks and
11 property controlled by it for such purposes as grazing, fish and game, mining, development and
12 utilization of water and other natural resources, and other uses, subject to any reasonable rules and
13 regulations the board may make within the general policies of the Department of Natural
14 Resources to ensure the accomplishment of the objectives and purposes of this act.
15 h [[] (6) []] [(5)] h (a) Before acquiring any real property, the division shall notify the county
16 legislative body of the county where the property is situated of its intention to acquire the property.
17 (b) If the county legislative body requests a hearing within ten days of receipt of the notice,
18 the board shall hold a public hearing in the county concerning the matter.
19 h [[] (7) []] [(6)] h Acceptance of gifts or devises of land or other property shall be in the
19a discretion
20 of the division, subject to the approval of the executive director of natural resources and the
21 governor.
22 h [[] (8) []] [(7)] h (a) Acquisition of property by eminent domain shall be in the manner
22a authorized
23 by Title 78, Chapter 34.
24 (b) The Division of Parks and Recreation may make charges for special services and use
25 of facilities, the income from which shall be available for park and recreation purposes.
26 (c) The division may conduct and operate those services necessary for the comfort and
27 convenience of the public.
28 (d) The board shall adopt appropriate rules governing the collection of charges under this
29 subsection.
30 h [[] (9) []] [(8)] h The director of the division shall establish procedures for the issuance of
30a permits
31 without charge to citizens of this state 62 years or older which shall be nontransferable, and shall

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1 entitle the permittee and any person accompanying the permittee in a single, private,
2 noncommercial vehicle to general admission without charge to any state park.
3 h [[] (10) []] [(9)] h The division may lease or rent concessions of all lawful kinds and nature
3a in state
4 parks and property to persons, partnerships, and corporations for a valuable consideration upon
5 the recommendation of the board by utilizing bid procedures established by the Department of
6 Finance.
7 h [[] (11) []] [(10)] h The division shall proceed without delay to negotiate with the federal
8 government concerning the Weber Basin and other recreation and reclamation projects.
9 Section 3. Section 63-11-17.2 is enacted to read:
10 63-11-17.2. Peace officer authority of park rangers.
11 (1) The Division of Parks and Recreation has the duty to protect state parks and park
12 property from misuse or damage and to preserve the peace within state parks.
13 (2) Employees of the Division of Parks and Recreation who are POST certified peace
14 officers and who are designated as park rangers by the division director, are peace officers under
15 Section 77-1a-1, and have all the powers of peace officers in the state, with the exception of the
16 power to serve civil process.
17 (3) The Division of Parks and Recreation has the authority to deputize h PERSONS WHO
17a ARE h peace officers or
18 special function officers to assist park rangers on a h [full-time or ] SEASONAL h temporary basis.
19 Section 4. Section 63-11-17.3 is amended to read:
20 63-11-17.3. Violation of law or board regulations -- Misdemeanor.
21 Any person who violates Section 63-11-17 or any of the [regulations] rules of the board
22 adopted pursuant to [these sections] this chapter is guilty of a class B misdemeanor.
23 Section 5. Section 63-34-6 is amended to read:
24 63-34-6. Division directors -- Appointment -- Removal -- Jurisdiction of executive
25 director -- Natural resources planning.
26 (1) The chief administrative officer of each division within the Department of Natural
27 Resources shall be a director. Each director shall be appointed by the executive director of the
28 Department of Natural Resources with the concurrence of the board having policy authority for
29 the division. The director of each division may be removed from office by the executive director
30 of the Department of Natural Resources. The appointment and term of office of the state engineer,
31 notwithstanding anything to the contrary contained in this section, shall be in accordance with

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1 Section 73-2-1.
2 (2) h (a) h The executive director of the Department of Natural Resources shall have
3 administrative jurisdiction over each of the division directors for the purpose of implementing
4 department policy as established by the division boards. The executive director of the Department
5 of Natural Resources may consolidate personnel and service functions in the respective divisions
6 under his administrative jurisdiction to effectuate efficiency and economy in the operations of the
7 department, and may establish a departmental services division to perform service functions.
7a h (b) h This
8 jurisdiction includes the authority of the executive director to employ peace officers and special
9 function officers within the Department of Natural Resources. h THESE PEACE OFFICERS SHALL
9a HAVE ALL OF THE POWERS OF CONSERVATION OFFICERS PROVIDED IN TITLE 23 AND PEACE
9b OFFICERS, WITH THE EXCEPTION OF THE POWER TO SERVE CIVIL PROCESS. h
10 (3) The executive director of the Department of Natural Resources, in cooperation with
11 the Utah Energy Conservation and Development Council and governmental entities having
12 policymaking authority regarding natural resources, is authorized to engage in studies and
13 comprehensive planning for the development and conservation of the state's natural resources.
14 Such plans shall be submitted to the governor for review and approval.
15 Section 6. Section 77-1a-1 is amended to read:
16 77-1a-1. Peace officer.
17 (1) (a) "Peace officer" means any employee of a law enforcement agency that is part of
18 or administered by the state or any of its political subdivisions, and whose duties consist primarily
19 of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of
20 this state or any of its political subdivisions.
21 (b) "Peace officer" specifically includes the following:
22 (i) any sheriff or deputy sheriff, police officer, or marshal of any county, city, or town;
23 (ii) the commissioner of public safety and any member of the Department of Public Safety
24 certified as a peace officer;
25 (iii) all persons specified in [Section] Sections 23-20-1.5 and 63-11-17.2;
26 (iv) any police officer employed by any college or university;
27 (v) investigators for the Motor Vehicle Enforcement Division;
28 (vi) special agents or investigators for the attorney general, district attorneys, and county
29 attorneys;
30 (vii) employees of the Department of Natural Resources designated as peace officers by
31 law; [and]

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1 (viii) school district police officers as designated by the board of education for the school
2 district;
3 (ix) the executive director of the Department of Corrections and any correctional
4 enforcement or investigative officer designated by the executive director and approved by the
5 commissioner of public safety and certified by the Peace [Officers] Officer Standards and Training
6 Division; [and]
7 (x) correctional enforcement, investigative, or adult probation and parole officers
8 employed by the Department of Corrections serving on or before July 1, 1993; h AND h
9 [(x)] (xi) members of a law enforcement agency established by a private college or
10 university provided that the college or university has been certified by the commissioner of public
11 safety according to rules of the Department of Public Safety h [ [ ] . [ ] ] [ ; ] h
12 h [(xii) security personnel defined in Section 53-1-109 serving on or before July 1, 1996; and
13 (xiii) employees of the Board of Pardons and Parole serving on or before September 1,
14 1993, whose primary responsibility is to prevent and detect crime, enforce criminal statutes, and
15 provide security to the Board of Pardons and Parole, and who are designated by the Board of
16 Pardons and Parole, approved by the commissioner of public safety, and certified by the Peace
17 Officer Standards and Training Division. ] h
18 (2) Peace officers have statewide peace officer authority, but the authority extends to other
19 counties, cities, or towns only when they are acting under Title 77, Chapter 9, Uniform Act on
20 Fresh Pursuit. This limitation does not apply to any peace officer employed by the state. The
21 authority of peace officers employed by the Department of Corrections is regulated by Title 64,
22 Chapter 13, Department of Corrections -- State Prison.
23 (3) (a) A peace officer shall, prior to exercising peace officer authority, satisfactorily
24 complete the basic course at a certified peace officer training academy or pass a certification
25 examination as provided in Section 53-6-206, and be certified.
26 (b) In addition, a peace officer shall satisfactorily complete annual certified training of at
27 least 40 hours per year as directed by the director of the Peace Officer Standards and Training
28 Division, with the advice and consent of the Peace Officer Standards and Training Council.
28a h Section 7. Section 77-1a-2 is amended to read:
28b 77-1a-2. Correctional officer.
28c (1) (a) "Correctional officer" means an officer or employee of the Department of Corrections,
28d youth corrections, any political subdivision of the state, or any private entity which contracts with the
28e state or its political subdivisions to incarcerate inmates, who is charged with the primary duty of h

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28f h providing community protection.
28g (b) "Correctional officer" includes an individual assigned to carry out any of the following types
28h of functions:
28i (i) controlling, transporting, supervising, and taking into custody of persons arrested or
28j convicted of crimes;
28k (ii) supervising and preventing the escape of persons in state and local incarceration facilities;
28l [and]
28m (iii) guarding and managing inmates and providing security and enforcement services at a
28n correctional facility[.]; AND
28o (iv) EMPLOYEES OF THE BOARD OF PARDONS AND PAROLE SERVING ON OR BEFORE
28p SEPTEMBER 1, 1993, WHOSE PRIMARY RESPONSIBILITY IS TO PREVENT AND DETECT CRIME,
28q ENFORCE CRIMINAL STATUTES, AND PROVIDE SECURITY TO THE BOARD OF PARDONS AND
28r PAROLE, AND WHO ARE DESIGNATED BY THE BOARD OF PARDONS AND PAROLE, APPROVED BY
28s THE COMMISSIONER OF PUBLIC SAFETY, AND CERTIFIED BY THE PEACE OFFICER STANDARDS AND
28t TRAINING DIVISION.
28u (2) (a) Correctional officers have peace officer authority only while engaged in the performance
28v of their duties. The authority of correctional officers employed by the Department of Corrections is
28w regulated by Title 64, Chapter 13, Department of Corrections -- State Prison.
28x (b) Correctional officers may carry firearms only if authorized by and under conditions specified
28y by the director of the Department of Corrections or the chief law enforcement officer of the employing
28z agency.
28aa (3) (a) An individual may not exercise the authority of a correctional officer until the individual
28bb has satisfactorily completed a basic training program for correctional officers and the director of the
28cc Department of Corrections or the chief administrator of the employing agency has certified the
28dd completion of training to the director of Peace Officer Standards and Training.
28ee (b) The Department of Corrections of the state or the employing agency, shall establish and
28ff maintain a corrections officer basic course and in-service training programs as approved by the director
28gg of Peace Officer Standards and Training, with the advice and consent of the Council on Peace Officer
28hh Standards and Training. The in-service training shall consist of no fewer than 40 hours per year, and
28ii shall be conducted by the agency's own staff or other agencies.
28jj (4) Employees of the Division of Youth Corrections or private entities that contract with the
28kk division are not required to comply with the provisions of this section until July 1, 1997. h

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29 Section h [7 ] 8 h . Section 77-1a-4 is amended to read:
30 77-1a-4. Special function officers.
31 (1) (a) "Special function officers" means persons performing specialized investigations,




















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1 service of legal process, or security functions.
2 (b) "Special function officers" include state military police, constables, port-of-entry
3 agents as defined in Section 27-12-2, authorized employees or agents of the Department of
4 Transportation assigned to administer and enforce the provisions of Title 27, Chapter 17, Motor
5 Carrier Safety Act, school district security officers, Utah State Hospital security officers designated
6 pursuant to Section 62A-12-203, Utah State Developmental Center security officers designated
7 pursuant to Subsection 62A-5-206(9), fire arson investigators for any political subdivision of the
8 state, airport security officers of any airport owned or operated by the state or any of its political
9 subdivisions, railroad special agents deputized by a county sheriff under Section 17-30-2, and all
10 other persons designated by statute as having peace officer authority.
11 (c) Ordinance enforcement officers employed by municipalities or counties may be special
12 function officers.
13 (d) Employees of the Department of Natural Resources who have been designated to
14 conduct supplemental enforcement functions as a collateral duty shall be special function officers.
15 (2) (a) Special function officers have peace officer authority only while engaged in the
16 duties of their employment, and not for the purpose of general law enforcement. If the officer is
17 charged with security functions respecting facilities or property, the powers may be exercised only
18 in connection with acts occurring on the property where the officer is employed or when required
19 for the protection of the employer's interest, property, or employees.
20 (b) Airport security officers have total peace officer authority when on duty and when
21 acting in relation to the responsibilities of the airport at which they are employed, providing that
22 the powers may be exercised only in connection with acts occurring on the property of the airport.
23 (c) Special function officers may carry firearms only if authorized and under conditions
24 specified by the officer's employer or chief administrator. The carrying of firearms by constables
25 is authorized only while they are engaged in the duties of their employment.
26 (3) (a) A special function officer may not exercise the authority of a peace officer until the
27 officer has satisfactorily completed an approved basic training program for special function
28 officers as provided under Subsection (b) and the chief law enforcement officer or administrator
29 has certified this fact to the director of the Peace Officer Standards and Training Division. City
30 and county constables and their deputies shall certify their completion of training to the legislative
31 governing body of the county they serve.

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1 (b) The agency that the special function officer serves shall establish and maintain a basic
2 special function course and in-service training programs as approved by the director of the Peace
3 Officer Standards and Training Division with the advice and consent of the Peace Officer
4 Standards and Training Council. The training shall consist of no fewer than 40 hours per year and
5 shall be conducted by the agency's own staff or other agencies.




Legislative Review Note
as of 12-11-96 1:14 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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