S.B. 132 Enrolled

DEFINITION OF LAW ENFORCEMENT
OFFICIAL AND JUDGE
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Lyle W. Hillyard
AN ACT RELATING TO PUBLIC SAFETY; DEFINING LAW ENFORCEMENT OFFICIAL
AND JUDGE FOR PURPOSES OF EXEMPTION FROM WEAPONS LAWS;
PROVIDING TRAINING AND CERTIFICATION REQUIREMENTS; AUTHORIZING
CERTAIN ENTITIES TO ESTABLISH RULES FOR REQUALIFICATION FOR
PERSONS UNDER THEIR JURISDICTION; PROVIDING FOR REVOCATION; AND
MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
76-10-523, as last amended by Chapter 80, Laws of Utah 1995
ENACTS:
53-5-710, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-5-710 is enacted to read:
53-5-710. Law enforcement officials and judges -- Training requirements --
Qualification -- Revocation.
(1) For purposes of this section and Section 76-10-523:
(a) "Judge" means a judge or justice of a court of record or court not of record, but does
not include a judge pro tem or senior judge.
(b) "Law enforcement official of this state" means:
(i) a member of the Board of Pardons and Paroles;
(ii) a district attorney, deputy district attorney, county attorney or deputy county attorney
of a county not in a prosecution district;
(iii) the attorney general;
(iv) an assistant attorney general designated as a criminal prosecutor; or

(v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
(2) To qualify for the exemptions enumerated in Section 76-10-523, a law enforcement
official or judge shall complete the following training requirements:
(a) meet the requirements of Sections 53-5-704, 53-5-706, and 53-5-707; and
(b) successfully complete an additional course of training as established by the
commissioner of public safety designed to assist them while carrying out their official law
enforcement and judicial duties as agents for the state or its political subdivisions.
(3) Annual requalification requirements for law enforcement officials and judges shall be
established by the:
(a) Board of Pardons and Paroles by rule for its members;
(b) Judicial Council by rule for judges; and
(c) the district attorney, county attorney in a county not in a prosecution district, the attorney
general, or city attorney by policy for prosecutors under their jurisdiction.
(4) The division may:
(a) issue a certificate of qualification to a judge or law enforcement official who has
completed the requirements of Subsection (1), which certificate of qualification is valid until
revoked;
(b) revoke the certificate of qualification of a judge or law enforcement official:
(i) who fails to meet the annual requalification criteria established pursuant to Subsection
(3); or
(ii) as provided in Section 53-5-709; and
(c) certify instructors for the training requirements of this section.
Section 2. Section 76-10-523 is amended to read:
76-10-523. Persons exempt from weapons laws.
(1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any
of the following:
(a) a United States marshal while engaged in the performance of his official duties;
(b) a federal official required to carry a firearm while engaged in the performance of his

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official duties;
(c) a [law enforcement official] peace officer of this or any other jurisdiction while engaged
in the performance of his official duties;
(d) a law enforcement official as defined and qualified under Section 53-5-710;
(e) a judge as defined and qualified in Section 53-5-710;
[(d)] (f) a common carrier while engaged in the regular and ordinary transport of firearms
as merchandise; or
[(e)] (g) a nonresident traveling in or through the state, provided that any firearm is:
(i) unloaded; and
(ii) securely encased as defined in Section 76-10-501.
(2) The provisions of Subsections 76-10-504(1)(a), (1)(b), and Section 76-10-505 do not
apply to any person to whom a permit to carry a concealed firearm has been issued pursuant to
Section 53-5-704.

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