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H.B. 202 Enrolled
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:
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
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.
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
(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
(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).
(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
(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 [
(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.
from misuse or damage and to preserve the peace within state parks [
(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
(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 [
adopted pursuant to [
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
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
(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:
(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 [
(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
(vii) employees of the Department of Natural Resources designated as peace officers by law;
(viii) school district police officers as designated by the board of education for the school
(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 [
(x) correctional enforcement, investigative, or adult probation and parole officers employed
by the Department of Corrections serving on or before July 1, 1993; and
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
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
(iii) guarding and managing inmates and providing security and enforcement services at a
(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
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
(d) Employees of the Department of Natural Resources who have been designated to conduct
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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