S.B. 132

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DEFINITION OF LAW ENFORCEMENT
2 OFFICIAL AND JUDGE
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Lyle W. Hillyard
6 AN ACT RELATING TO PUBLIC SAFETY; DEFINING LAW ENFORCEMENT OFFICIAL
7 AND JUDGE FOR PURPOSES OF EXEMPTION FROM WEAPONS LAWS; PROVIDING
8 TRAINING AND CERTIFICATION REQUIREMENTS; AUTHORIZING CERTAIN
9 ENTITIES TO ESTABLISH RULES FOR REQUALIFICATION FOR PERSONS UNDER
10 THEIR JURISDICTION; PROVIDING FOR REVOCATION; AND MAKING TECHNICAL
11 CORRECTIONS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 76-10-523, as last amended by Chapter 80, Laws of Utah 1995
15 ENACTS:
16 53-5-710, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 53-5-710 is enacted to read:
19 53-5-710. Law enforcement officials and judges -- Training requirements --
20 Qualification -- Revocation
21 (1) For purposes of this section and Section 76-10-523:
22 (a) "Judge" means a judge or justice of a court of record or court not of record, but does
23 not include a judge pro tem or senior judge.
24 (b) "Law enforcement official of this state" means:
25 (i) a member of the Board of Pardons and Paroles;
26 (ii) a district attorney, deputy district attorney, county attorney or deputy county attorney
27 of a county not in a prosecution district;

1 (iii) the attorney general;
2 (iv) an assistant attorney general designated as a criminal prosecutor; or
3 (v) a city attorney or a deputy city attorney designated as a criminal prosecutor.
4 (2) To qualify for the exemptions enumerated in Section 76-10-523, a law enforcement
5 official or judge shall complete the following training requirements:
6 (a) meet the requirements of Sections 53-5-704, 53-5-706, and 53-5-707; and
7 (b) successfully complete an additional course of training as established by the
8 commissioner of public safety designed to assist them while carrying out their official law
9 enforcement and judicial duties as agents for the state or its political subdivisions.
10 (3) Annual requalification requirements for law enforcement officials and judges shall be
11 established by the:
12 (a) Board of Pardons and Paroles by rule for its members;
13 (b) Judicial Council by rule for judges; and
14 (c) the district attorney, county attorney in a county not in a prosecution district, the
15 attorney general, or city attorney by policy for prosecutors under their jurisdiction.
16 (4) The division may:
17 (a) issue a certificate of qualification to a judge or law enforcement official who has
18 completed the requirements of Subsection (1), which certificate of qualification is valid until
19 revoked;
20 (b) revoke the certificate of qualification of a judge or law enforcement official:
21 (i) who fails to meet the annual requalification criteria established pursuant to Subsection
22 (3); or
23 (ii) as provided in Section 53-5-709; and
24 (c) certify instructors for the training requirements of this section.
25 Section 2. Section 76-10-523 is amended to read:
26 76-10-523. Persons exempt from weapons laws.
27 (1) This part and Title 53, Chapter 5, Part 7, Concealed Weapon Act, do not apply to any
28 of the following:
29 (a) a United States marshal while engaged in the performance of his official duties;
30 (b) a federal official required to carry a firearm while engaged in the performance of his
31 official duties;

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




Legislative Review Note
as of 1-10-97 4:17 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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