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H.B. 308 Enrolled

                 

PEACE OFFICER AMENDMENTS

                 
1998 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Blake D. Chard

                  AN ACT RELATING TO PUBLIC SAFETY; MODIFYING AND CLARIFYING THE
                  VARIOUS CLASSIFICATIONS OF PEACE OFFICERS AND THE REQUISITE TRAINING
                  AND CERTIFICATION; MAKING TECHNICAL CHANGES; AND PROVIDING A
                  COORDINATION CLAUSE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      2-2-7, as last amended by Chapter 120, Laws of Utah 1994
                      17-22-1.5, as last amended by Chapters 227 and 234, Laws of Utah 1993
                      17-22-27, as last amended by Chapter 198, Laws of Utah 1996
                      20A-5-605, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
                      23-20-1, as last amended by Chapter 212, Laws of Utah 1992
                      23-20-1.5, as enacted by Chapter 33, Laws of Utah 1973
                      23-20-16, as repealed and reenacted by Chapter 260, Laws of Utah 1992
                      23-23-2, as last amended by Chapter 258, Laws of Utah 1997
                      26-6-27, as renumbered and amended by Chapter 201 and last amended by Chapter 318, Laws
                  of Utah 1996
                      26-6a-1, as enacted by Chapter 14, Laws of Utah 1988, Second Special Session
                      27-17-501, as last amended by Chapter 79 and renumbered and amended by Chapter 170, Laws
                  of Utah 1996
                      30-6-1, as last amended by Chapter 303, Laws of Utah 1997
                      30-6-4.1, as enacted by Chapter 300, Laws of Utah 1995
                      32A-10-202, as last amended by Chapter 132, Laws of Utah 1991
                      32A-11-102, as last amended by Chapter 132, Laws of Utah 1991
                      41-3-105, as last amended by Chapter 1 and renumbered and amended by Chapter 234, Laws
                  of Utah 1992


                      41-6-1, as last amended by Chapter 208, Laws of Utah 1996
                      41-6-103, as enacted by Chapter 33, Laws of Utah 1978
                      41-6-114, as last amended by Chapter 241, Laws of Utah 1979
                      41-6-117.5, as enacted by Chapter 242, Laws of Utah 1979
                      41-6-153, as enacted by Chapter 242, Laws of Utah 1979
                      41-6-167, as last amended by Chapter 183, Laws of Utah 1983
                      41-6-169, Utah Code Annotated 1953
                      41-6-172, Utah Code Annotated 1953
                      41-12a-501, as last amended by Chapter 51, Laws of Utah 1997
                      41-22-16, as last amended by Chapter 162, Laws of Utah 1987
                      49-4-103, as last amended by Chapter 31, Laws of Utah 1997
                      49-4-203, as last amended by Chapter 87, Laws of Utah 1997
                      49-4a-103, as last amended by Chapter 31, Laws of Utah 1997
                      49-4a-203, as last amended by Chapter 87, Laws of Utah 1997
                      49-8-405, as last amended by Chapter 34, Laws of Utah 1990
                      53-1-102, as enacted by Chapter 234, Laws of Utah 1993
                      53-1-109, as last amended by Chapter 104, Laws of Utah 1997
                      53-3-417, as last amended by Chapter 7, Laws of Utah 1994
                      53-3-702, as renumbered and amended by Chapter 234, Laws of Utah 1993
                      53-5-207, as renumbered and amended by Chapter 234, Laws of Utah 1993
                      53-6-203, as last amended by Chapter 79, Laws of Utah 1996
                      53-6-211, as last amended by Chapter 315, Laws of Utah 1997
                      53-6-212, as renumbered and amended by Chapter 234, Laws of Utah 1993
                      53-7-105, as renumbered and amended by Chapter 234, Laws of Utah 1993
                      53-9-118, as enacted by Chapter 314, Laws of Utah 1995
                      53A-13-106, as enacted by Chapter 86, Laws of Utah 1994
                      53B-8c-102, as enacted by Chapter 333, Laws of Utah 1997
                      53B-8c-103, as enacted by Chapter 333, Laws of Utah 1997

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                      56-1-21.5, as enacted by Chapter 215, Laws of Utah 1985
                      62A-4a-202.5, as enacted by Chapter 318, Laws of Utah 1996
                      63-11-17.2, as enacted by Chapter 315, Laws of Utah 1997
                      63-25a-402, as last amended by Chapter 308, Laws of Utah 1997
                      63-34-6, as last amended by Chapters 276 and 315, Laws of Utah 1997
                      64-13-21, as last amended by Chapter 100, Laws of Utah 1996
                      64-13-21.5, as enacted by Chapter 103, Laws of Utah 1993
                      65A-3-3, as last amended by Chapter 38, Laws of Utah 1993
                      67-19-12.3, as last amended by Chapter 213, Laws of Utah 1997
                      67-19-39, as enacted by Chapter 280, Laws of Utah 1990
                      73-18-20, as last amended by Chapter 99, Laws of Utah 1987
                      76-2-303, as enacted by Chapter 196, Laws of Utah 1973
                      76-6-601, as last amended by Chapter 234, Laws of Utah 1993
                      76-8-506, as last amended by Chapter 90, Laws of Utah 1988
                      76-9-301.6, as last amended by Chapter 7, Laws of Utah 1996, Second Special Session
                      76-10-1504, as last amended by Chapter 289, Laws of Utah 1997
                      76-10-1505, as enacted by Chapter 72, Laws of Utah 1979
                      76-10-1507, as enacted by Chapter 72, Laws of Utah 1979
                      77-7-13, as last amended by Chapter 245, Laws of Utah 1987
                      77-9-3, as enacted by Chapter 15, Laws of Utah 1980
                      77-23-102, as enacted by Chapter 72, Laws of Utah 1992
                      77-23-204, as renumbered and amended by Chapter 142, Laws of Utah 1994
                      77-23a-3, as last amended by Chapter 201, Laws of Utah 1994
                      77-27-26, as last amended by Chapter 320, Laws of Utah 1983
                      77-39-101, as enacted by Chapter 168, Laws of Utah 1994
                      78-5-111, as last amended by Chapter 38, Laws of Utah 1993
                      78-27-33, as last amended by Chapter 30, Laws of Utah 1992
                      78-29-101, as enacted by Chapter 107, Laws of Utah 1995

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                      78-38-4.6, as enacted by Chapter 212, Laws of Utah 1987
                  ENACTS:
                      53-10-101, Utah Code Annotated 1953
                      53-10-111, Utah Code Annotated 1953
                  RENUMBERS AND AMENDS:
                      53-10-102, (Renumbered from 77-1a-1.5, as enacted by Chapter 103, Laws of Utah 1993)
                      53-10-103, (Renumbered from 77-1a-1, as last amended by Chapter 315, Laws of Utah 1997)
                      53-10-104, (Renumbered from 77-1a-2, as last amended by Chapters 7 and 315, Laws of Utah
                  1997)
                      53-10-105, (Renumbered from 77-1a-4, as last amended by Chapter 315, Laws of Utah 1997)
                      53-10-106, (Renumbered from 77-1a-5, as last amended by Chapter 197, Laws of Utah 1991)
                      53-10-107, (Renumbered from 77-1a-6, as last amended by Chapter 135, Laws of Utah 1988)
                      53-10-108, (Renumbered from 77-1a-8, as last amended by Chapter 82, Laws of Utah 1989)
                      53-10-109, (Renumbered from 77-1a-9, as enacted by Chapter 174, Laws of Utah 1985)
                      53-10-110, (Renumbered from 77-1a-10, as enacted by Chapter 318, Laws of Utah 1996)
                  REPEALS:
                      76-9-302, as last amended by Chapter 32, Laws of Utah 1974
                      77-1a-3, as enacted by Chapter 174, Laws of Utah 1985
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 2-2-7 is amended to read:
                       2-2-7. Powers of department and political subdivisions over airports -- Security unit.
                      (1) The Department of Transportation, and counties, municipalities, or other political
                  subdivisions of this state that have established or may establish airports or that acquire, lease, or set
                  apart real property for those purposes, may:
                      (a) construct, equip, improve, maintain, and operate the airports or may vest the authority
                  for their construction, equipment, improvement, maintenance, and operation in an officer of the
                  Department of Transportation or in an officer, board, or body of the political subdivision;
                      (b) adopt rules, establish charges, fees, and tolls for the use of airports and landing fields,

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                  fix penalties for the violation of the rules, and establish liens to enforce payment of the charges, fees,
                  and tolls, subject to approval by the Aeronautical Committee;
                      (c) lease the airports to private parties for operation for a term not exceeding 50 years, as
                  long as the public is not deprived of its rightful, equal, and uniform use of the facility;
                      (d) lease or assign space, area, improvements, equipment, buildings, and facilities on the
                  airports to private parties for operation for a term not exceeding 50 years;
                      (e) lease or assign real property comprising all or any part of the airports to private parties
                  for the construction and operation of hangars, shop buildings, or office buildings for a term not
                  exceeding 50 years, if the projected construction cost of the hangar, shop building, or office building
                  is $100,000 or more; and
                      (f) establish, maintain, operate, and staff a security unit for the purpose of enforcing state
                  and local laws at any airport that is subject to federal airport security regulations.
                      (2) The department or political subdivision shall pay the construction, equipment,
                  improvement, maintenance, and operations expenses of any airport established by them under
                  Subsection (1) (a).
                      (3) (a) If the department or political subdivision establishes a security unit under Subsection
                  (1) (f), the department head or the governing body of the political subdivision shall appoint persons
                  qualified as peace officers under Title [77] 53, Chapter [1a] 10, Peace Officer [Designation]
                  Classifications to staff the security unit.
                      (b) A security unit appointed by the department or political subdivision is exempt from civil
                  service regulations.
                      Section 2. Section 17-22-1.5 is amended to read:
                       17-22-1.5. County sheriff qualifications.
                      (1) In addition to the general qualifications required of county officers by Title 17, Chapter
                  16, County Officers, each county sheriff must meet each of the following qualifications during his
                  term of office:
                      (a) Prior to taking office, a county sheriff must be certified as a [peace] law enforcement
                  officer according to procedures and requirements of Title 53, Chapter 6, Peace Officer Standards and

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                  Training, and shall satisfactorily complete annual certified training as required in Section [ 77-1a-1 ]
                  53-10-103 .
                      (b) After certification, each county sheriff must remain certified as a [peace] law
                  enforcement officer during his term of office.
                      (2) The county legislative body shall declare the office of sheriff to be vacant if at any time
                  the incumbent sheriff fails to meet the legal qualifications for office under Subsection (1).
                      Section 3. Section 17-22-27 is amended to read:
                       17-22-27. Sheriff -- Assignment of court bailiffs -- Contract and costs.
                      (1) The sheriff shall assign [peace] law enforcement officers or special function officers, as
                  defined under Sections [ 77-1a-1 ] 53-10-103 and [ 77-1a-4 ] 53-10-105 , to serve as court bailiffs and
                  security officers in the courts of record and county justice courts as required by the rules of the
                  Judicial Council.
                      (2) (a) The state court administrator shall enter into a contract with the county sheriff for
                  bailiffs and building security officers for the district courts within the county. The contract shall
                  not exceed amounts appropriated by the Legislature for that purpose. The county shall assume costs
                  related to security administration, supervision, travel, equipment, and training of bailiffs.
                      (b) The contract shall specify the agreed services, costs of services, and terms of payment.
                      (c) If the court is located in the same facility as a state or local law enforcement agency and
                  the county sheriff's office is not in close proximity to the court, the State Court Administrator in
                  consultation with the sheriff may enter into a contract with the state or local law enforcement agency
                  for bailiff and security services subject to meeting all other requirements of this section. If the
                  services are provided by another agency, the county sheriff shall have no responsibility for the
                  services under this section.
                      (3) (a) At the request of the court, the sheriff may appoint as a law clerk bailiff graduates of
                  a law school accredited by the American Bar Association to provide security and legal research
                  assistance. Any law clerk who is also a bailiff shall meet the requirements of Subsection (1) of this
                  section.
                      (b) The sheriff may appoint a law clerk bailiff by contract for a period not to exceed two

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                  years, who shall be exempt from the deputy sheriff merit service commission.
                      Section 4. Section 20A-5-605 is amended to read:
                       20A-5-605. Duties of election judges on election day.
                      (1) (a) Receiving judges shall arrive at the polling place 30 minutes before the polls open
                  and remain until the official election returns are prepared for delivery.
                      (b) Counting judges shall be at the polls as directed by the election officer and remain until
                  the official election returns are prepared for delivery.
                      (2) Upon their arrival to open the polls, each set of election judges shall:
                      (a) designate which judge shall preside and which judges shall act as clerks;
                      (b) in voting precincts using paper ballots, select one of their number to deliver the election
                  returns to the election officer or to the place that the election officer designates;
                      (c) in voting precincts using ballot cards, select two of their number, each from a different
                  party, to deliver the election returns to the election officer or to the place that the election officer
                  designates;
                      (d) display the United States flag;
                      (e) open the voting devices and examine them to see that they are in proper working order;
                      (f) place the voting devices, voting booths, and the ballot box in plain view of election
                  judges and watchers;
                      (g) open the ballot packages in the presence of all the judges;
                      (h) check the ballots, supplies, records, and forms;
                      (i) if directed to do so by the election officer, make any necessary corrections to the official
                  ballots before they are distributed at the polls;
                      (j) post the sample ballots, instructions to voters, and constitutional amendments, if any;
                      (k) hang the posting list near the polling place entrance; and
                      (l) open the ballot box in the presence of those assembled, turn it upside down to empty it
                  of anything, and then, immediately before polls open, lock it, or if locks and keys are not available,
                  tape it securely.
                      (3) (a) If any election judge fails to appear on the morning of the election, or fails or refuses

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                  to act, at least six qualified electors from the voting precinct who are present at the polling place at
                  the hour designated by law for the opening of the polls shall fill the vacancy by appointing another
                  qualified person from the voting precinct who is a member of the same political party as the judge
                  who is being replaced to act as election judge.
                      (b) If a majority of the receiving election judges are present, they shall open the polls, even
                  though the alternate judge has not arrived.
                      (4) (a) If it is impossible or inconvenient to hold an election at the polling place designated,
                  the election judges, after having assembled at or as near as practicable to the designated place, and
                  before receiving any vote, may move to the nearest convenient place for holding the election.
                      (b) If the judges move to a new polling place, they shall display a proclamation of the change
                  and station a [police] peace officer or some other proper person at the original polling place to notify
                  voters of the location of the new polling place.
                      (5) If the election judge who received delivery of the ballots produces packages of substitute
                  ballots accompanied by a written and sworn statement of the election officer that the ballots are
                  substitute ballots because the original ballots were not received, were destroyed, or were stolen, the
                  election judges shall use those substitute ballots as the official election ballots.
                      (6) If, for any reason, none of the official or substitute ballots are ready for distribution at
                  a polling place or, if the supply of ballots is exhausted before the polls are closed, the election judges
                  may use unofficial ballots, made as nearly as possible in the form of the official ballot, until
                  substitutes prepared by the election officer are printed and delivered.
                      (7) When it is time to open the polls, one of the election judges shall announce that the polls
                  are open as required by Section 20A-1-302 .
                      (8) (a) The election judges shall comply with the voting procedures and requirements of Title
                  20A, Chapter 3, in allowing people to vote.
                      (b) The election judges may not allow any person, other than election officials and those
                  admitted to vote, within six feet of voting machines, voting booths, and the ballot box.
                      (c) Besides the election judges and watchers, the election judges may not allow more than
                  four voters in excess of the number of voting booths provided within six feet of voting machines,

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                  voting booths, and the ballot box.
                      (d) If necessary, the election judges shall instruct each voter about how to operate the voting
                  device before the voter enters the voting booth.
                      (e) (i) If the voter requests additional instructions after entering the voting booth, two
                  election judges may, if necessary, enter the booth and give the voter additional instructions.
                      (ii) In regular general elections and regular primary elections, the two election judges who
                  enter the voting booth to assist the voter shall be of different political parties.
                      Section 5. Section 23-20-1 is amended to read:
                       23-20-1. Enforcement authority of conservation officers -- Seizure and disposition of
                  property.
                      (1) Conservation officers of the division shall enforce the provisions of this title with the
                  same authority and following the same procedures as other [peace] law enforcement officers.
                      (2) (a) Except as provided in Subsection (2)(b), conservation officers may search vehicles,
                  camps, or other places where wildlife may be possessed or stored, if there is:
                      (i) probable cause to believe that wildlife illegally taken or held may be found; and
                      (ii) a reasonable likelihood the wildlife evidence will be lost, destroyed, or hidden before
                  a search warrant may be obtained.
                      (b) An occupied or unoccupied dwelling may not be searched without a search warrant.
                      (c) Conservation officers shall seize any protected wildlife illegally taken or held.
                      (d) (i) Upon determination of a defendant's guilt by the court, the protected wildlife shall be
                  confiscated by the court and sold or otherwise disposed of by the division.
                      (ii) Proceeds of the sales shall be deposited in the Wildlife Resources Account.
                      (iii) Migratory wildfowl may not be sold, but must be given to a charitable institution or
                  used for other charitable purposes.
                      (3) (a) Materials and devices used for the unlawful taking or possessing of protected wildlife
                  shall be seized, and upon a finding by the court that they were used in the unlawful taking or
                  possessing of protected wildlife, the materials and devices shall be:
                      (i) confiscated by the court;

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                      (ii) conveyed to the division; and
                      (iii) upon the expiration of time for appeal, sold at a public auction or otherwise disposed
                  of by the division.
                      (b) Any proceeds from the sale of the material or device shall be deposited into the Wildlife
                  Resources Account.
                      (4) (a) (i) As used in this Subsection (4), "owner" means a person, other than a person with
                  a security interest, having a property interest in or title to a vehicle and entitled to the use and
                  possession of a vehicle.
                      (ii) "Owner" includes a renter or lessee of a vehicle.
                      (b) (i) Conservation officers may seize and impound a vehicle used for the unlawful taking
                  or possessing of protected wildlife for any of the following purposes:
                      (A) to provide for the safekeeping of the vehicle, if the owner or operator is arrested;
                      (B) to search the vehicle as provided in Subsection (2)(a) or as provided by a search warrant;
                  or
                      (C) to inspect the vehicle for evidence that protected wildlife was unlawfully taken or
                  possessed.
                      (ii) The division shall store any seized vehicle in a public or private garage, state impound
                  lot, or other secured storage facility.
                      (iii) A seized vehicle shall be released to the owner no later than 30 days after the date the
                  vehicle is seized, unless the vehicle was used for the unlawful taking or possessing of wildlife by a
                  person who is charged with committing a felony under this title.
                      (c) (i) Upon a finding by a court that the person who used the vehicle for the unlawful taking
                  or possessing of wildlife is guilty of a felony under this title, the vehicle may be:
                      (A) confiscated by the court;
                      (B) conveyed to the division; and
                      (C) upon expiration of time for appeal, sold at a public auction or otherwise disposed of by
                  the division.
                      (ii) Any proceeds from the sale shall be deposited into the Wildlife Resources Account.

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                      (iii) If the vehicle is not confiscated by the court, it shall be released to the owner.
                      (d) (i) The owner of a seized vehicle is liable for the payment of any impound fee if the
                  person who used the vehicle for the unlawful taking or possessing of wildlife is found by a court to
                  be guilty of a violation of this title.
                      (ii) The owner of a seized vehicle is not liable for the payment of any impound fee or, if the
                  fees have been paid, is entitled to reimbursement of the fees paid, if:
                      (A) no charges are filed or all charges are dropped which involve the use of the vehicle for
                  the unlawful taking or possessing of wildlife; or
                      (B) the person charged with using the vehicle for the unlawful taking or possessing of
                  wildlife is found by a court to be not guilty.
                      Section 6. Section 23-20-1.5 is amended to read:
                       23-20-1.5. Powers of law enforcement section -- Employees.
                      (1) The chief and assistant chief of the law enforcement section, enforcement agents, and
                  conservation officers of the law enforcement section within the Division of Wildlife Resources are
                  vested with the powers of [peace] law enforcement officers throughout all of the counties of the state
                  with exception of the power to serve civil process[. They] and:
                      (a) may serve criminal process [and], arrest, and prosecute violators of any law of this state;
                  and
                      (b) shall have the same right as other [peace] law enforcement officers to require aid in
                  executing their duties.
                      (2) The powers and duties [hereby] conferred by this section upon employees of the law
                  enforcement section of the Division of Wildlife Resources shall be supplementary to and in no way
                  a limitation on the powers and duties of other [peace] law enforcement officers in the state.
                      Section 7. Section 23-20-16 is amended to read:
                       23-20-16. Enforcement -- Procedure.
                      In enforcing the misdemeanor or felony provisions of this code, the peace officer shall follow
                  the procedures and requirements of Title [77, Utah Code of Criminal Procedure] 53, Chapter 10,
                  Peace Officer Classifications.

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                      Section 8. Section 23-23-2 is amended to read:
                       23-23-2. Definitions.
                      As used in this chapter:
                      (1) "Cooperative wildlife management unit" or "unit" means a generally contiguous area of
                  land open for hunting small game, waterfowl, or big game which is registered in accordance with
                  this chapter and rules of the Wildlife Board.
                      (2) (a) "Cooperative wildlife management unit agent" means a person appointed by a
                  landowner, landowner association, or landowner association operator to perform the functions
                  described in Section 23-23-9 .
                      (b) For purposes of this chapter, a cooperative wildlife management unit agent may not:
                      (i) be appointed by the division or the state;
                      (ii) be an employee or agent of the division or the state;
                      (iii) receive compensation from the division or the state; or
                      (iv) act as a peace officer or perform any duties of a peace officer without qualifying as a
                  peace officer under Title [77] 53, Chapter [1a] 10, Peace Officer [Designation] Classifications.
                      (3) "Cooperative wildlife management unit authorization" means a card, label, ticket, or
                  other identifying document authorizing the possessor to hunt small game or waterfowl in a
                  cooperative wildlife management unit.
                      (4) "Cooperative wildlife management unit permit" means a permit authorizing the possessor
                  to hunt big game in a cooperative wildlife management unit.
                      (5) "Division" means the Division of Wildlife Resources.
                      (6) "Landowner association" means a landowner or an organization of owners of private
                  lands who operates a cooperative wildlife management unit.
                      (7) (a) "Landowner association operator" means a person designated by a landowner
                  association to operate the cooperative wildlife management unit.
                      (b) For purposes of this chapter, a landowner association operator may not:
                      (i) be appointed by the division; or
                      (ii) be an employee or agent of the division.

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                      Section 9. Section 26-6-27 is amended to read:
                       26-6-27. Information regarding communicable or reportable disease confidential --
                  Exceptions.
                      (1) Information collected pursuant to this chapter in the possession of the department or local
                  health departments relating to an individual who has or is suspected of having a disease designated
                  by the department as a communicable or reportable disease under this chapter shall be held by the
                  department and local health departments as strictly confidential. The department and local health
                  departments may not release or make public that information upon subpoena, search warrant,
                  discovery proceedings, or otherwise, except as provided by this section.
                      (2) The information described in Subsection (1) may be released by the department or local
                  health departments only in accordance with the requirements of this chapter and as follows:
                      (a) specific medical or epidemiological information may be released with the written consent
                  of the individual identified in that information or, if that individual is deceased, his next-of-kin;
                      (b) specific medical or epidemiological information may be released to medical personnel
                  or [law enforcement or public safety] peace officers in a medical emergency, as determined by the
                  department in accordance with guidelines it has established, only to the extent necessary to protect
                  the health or life of the individual identified in the information, or of the attending medical personnel
                  or law enforcement or public safety officers;
                      (c) specific medical or epidemiological information may be released to authorized personnel
                  within the department, local health departments, official health agencies in other states, the United
                  States Public Health Service, the Centers for Disease Control and Prevention (CDC), or when
                  necessary to continue patient services or to undertake public health efforts to interrupt the
                  transmission of disease;
                      (d) if the individual identified in the information is under the age of 18, the information may
                  be released to the Division of Child and Family Services within the Department of Human Services
                  in accordance with Section 62A-4a-403 . If that information is required in a court proceeding
                  involving child abuse or sexual abuse under Title 76, Chapter 5, the information shall be disclosed
                  in camera and sealed by the court upon conclusion of the proceedings;

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                      (e) specific medical or epidemiological information may be released to authorized personnel
                  in the department or in local health departments, and to the courts, to carry out the provisions of this
                  title, and rules adopted by the department in accordance with this title;
                      (f) specific medical or epidemiological information may be released to blood banks, organ
                  and tissue banks, and similar institutions for the purpose of identifying individuals with
                  communicable diseases. The department may, by rule, designate the diseases about which
                  information may be disclosed under this subsection, and may choose to release the name of an
                  infected individual to those organizations without disclosing the specific disease;
                      (g) specific medical or epidemiological information may be released in such a way that no
                  individual is identifiable;
                      (h) specific medical or epidemiological information may be released to a "health care
                  provider" as defined in Section 78-14-3 , health care personnel, and public health personnel who have
                  a legitimate need to have access to the information in order to assist the patient, or to protect the
                  health of others closely associated with the patient. This subsection does not create a duty to warn
                  third parties, but is intended only to aid health care providers in their treatment and containment of
                  infectious disease; and
                      (i) specific medical or epidemiological information regarding a health care provider, as
                  defined in Section 78-14-3 , may be released to the department, the appropriate local health
                  department, and the Division of Occupational and Professional Licensing within the Department of
                  Commerce, if the identified health care provider is endangering the safety or life of any individual
                  by his continued practice of health care.
                      Section 10. Section 26-6a-1 is amended to read:
                       26-6a-1. Definitions.
                      For purposes of this chapter:
                      [(2)] (1) "Designated agent" means a person or persons designated by an agency employing
                  or utilizing emergency medical services providers as employees or volunteers to receive and
                  distribute test results in accordance with this chapter.
                      [(3)] (2) "Disability" means the event of becoming physically incapacitated from performing

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                  any work for remuneration or profit.
                      [(1)] (3) "Disease" means Acquired Immunodeficiency Syndrome, Human
                  Immunodeficiency Virus infection, Hepatitis B, Hepatitis B seropositivity, and any other infectious
                  disease designated by the department.
                      (4) "Emergency medical services agency" means an agency, entity, or organization that
                  employs or utilizes emergency medical services providers as employees or volunteers.
                      (5) "Emergency medical services provider" means an emergency medical technician as
                  defined in Section 26-8-2 , a peace officer as defined in [Section 77-1a-1 ] Title 53, Chapter 10, Peace
                  Officer Classifications, local fire department personnel, or officials or personnel employed by the
                  Department of Corrections or by a county jail, who provides prehospital emergency medical care for
                  an emergency medical services agency either as an employee or as a volunteer.
                      (6) "Patient" means any individual cared for by an emergency medical services provider,
                  including but not limited to victims of accidents or injury, deceased persons, and prisoners or
                  persons in the custody of the Department of Corrections.
                      (7) "Significant exposure" means:
                      (a) contact of an emergency medical services provider's broken skin or mucous membrane
                  with a patient's blood or bodily fluids other than tears or perspiration;
                      (b) that a needle stick, or scalpel or instrument wound has occurred in the process of caring
                  for a patient; or
                      (c) exposure that occurs by any other method of transmission defined by the department as
                  a significant exposure.
                      Section 11. Section 27-17-501 is amended to read:
                       27-17-501. Construction, operation, and maintenance of ports-of-entry by the
                  Department of Transportation -- Function of ports-of-entry -- Checking and citation powers
                  of port-of-entry agents.
                      (1) (a) The department shall construct ports-of-entry for the purpose of checking motor
                  carriers, drivers, vehicles, and vehicle loads for compliance with state and federal laws including
                  laws relating to:

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                      (i) driver qualifications;
                      (ii) Title 53, Chapter 3, Part 4, Uniform Commercial Driver License Act;
                      (iii) vehicle registration;
                      (iv) fuel tax payment;
                      (v) vehicle size, weight, and load;
                      (vi) security requirements;
                      (vii) Title 27, Chapter 17, Motor Carrier Safety Act;
                      (viii) hazardous material as defined under 49 U.S.C. app. Sec. 1802;
                      (ix) livestock transportation; and
                      (x) safety requirements.
                      (b) The ports-of-entry shall be located on state highways at sites determined by the
                  department.
                      (2) (a) The ports-of-entry shall be operated and maintained by the department.
                      (b) A port-of-entry agent may check, inspect, or test drivers, vehicles, and vehicle loads for
                  compliance with state and federal laws specified in Subsection (1).
                      (3) (a) A port-of-entry agent, in whose presence an offense described in this section is
                  committed, may:
                      (i) issue and deliver a misdemeanor or infraction citation under Section 77-7-18 ;
                      (ii) request and administer chemical tests to determine blood alcohol concentration in
                  compliance with Section 41-6-44.3 ;
                      (iii) place a driver out-of-service in accordance with Section 53-3-417 ; and
                      (iv) serve a driver with notice of the Driver License Division of the Department of Public
                  Safety's intention to disqualify the driver's privilege to drive a commercial motor vehicle in
                  accordance with Section 53-3-418 .
                      (b) This section does not grant actual arrest powers as defined in Section 77-7-1 to a
                  port-of-entry agent lacking peace officer designation under Title [77] 53, Chapter [1a] 10, Peace
                  Officer Classifications.
                      Section 12. Section 30-6-1 is amended to read:

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                       30-6-1. Definitions.
                      As used in this chapter:
                      (1) "Abuse" means attempting to cause, or intentionally or knowingly causing to an adult
                  or minor physical harm or intentionally placing another in fear of imminent physical harm.
                      (2) "Cohabitant" means an emancipated person pursuant to Section 15-2-1 or a person who
                  is 16 years of age or older who:
                      (a) is or was a spouse of the other party;
                      (b) is or was living as if a spouse of the other party;
                      (c) is related by blood or marriage to the other party;
                      (d) has one or more children in common with the other party; or
                      (e) resides or has resided in the same residence as the other party.
                      (3) Notwithstanding Subsection (2), "cohabitant" does not include:
                      (a) the relationship of natural parent, adoptive parent, or step-parent to a minor; or
                      (b) the relationship between natural, adoptive, step, or foster siblings who are under 18 years
                  of age.
                      (4) "Court clerk" means a district court clerk or juvenile court clerk.
                      (5) "Department" means the Department of Human Services.
                      (6) "Domestic violence" means the same as that term is defined in Section 77-36-1 .
                      (7) "Ex parte protective order" means an order issued without notice to the defendant in
                  accordance with this chapter.
                      (8) "Foreign protective order" means a protective order issued by another state, territory, or
                  possession of the United States, tribal lands of the United States, the Commonwealth of Puerto Rico,
                  or the District of Columbia shall be given full faith and credit in Utah, if the protective order is
                  similar to a protective order issued in compliance with Title 30, Chapter 6, Cohabitant Abuse Act,
                  or Title 77, Chapter 36, Cohabitant Abuse Procedures Act, and includes the following requirements:
                      (a) the requirements of due process were met by the issuing court, including subject matter
                  and personal jurisdiction;
                      (b) the respondent received reasonable notice; and

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                      (c) the respondent had an opportunity for a hearing regarding the protective order.
                      (9) "Law enforcement unit" or "law enforcement agency" means any public agency having
                  general police power and charged with making arrests in connection with enforcement of the
                  criminal statutes and ordinances of this state or any political subdivision.
                      (10) "Peace officer" means those persons specified in [Section 77-1a-1 ] Title 53, Chapter
                  10, Peace Officer Classifications.
                      (11) "Protective order" means a restraining order issued pursuant to this chapter subsequent
                  to a hearing on the petition, of which the petitioner has given notice in accordance with this chapter.
                      Section 13. Section 30-6-4.1 is amended to read:
                       30-6-4.1. Continuing duty to inform court of other proceedings -- Effect of other
                  proceedings.
                      (1) At any hearing in a proceeding to obtain an order for protection, each party has a
                  continuing duty to inform the court of each proceeding for an order for protection, any civil
                  litigation, each proceeding in juvenile court, and each criminal case involving either party, including
                  the case name, the file number, and the county and state of the proceeding, if that information is
                  known by the party.
                      (2) (a) An order for protection issued pursuant to this chapter is in addition to and not in lieu
                  of any other available civil or criminal proceeding.
                      (b) A petitioner is not barred from seeking a protective order because of other pending
                  proceedings.
                      (c) A court may not delay granting relief under this chapter because of the existence of a
                  pending civil action between the parties.
                      (3) A petitioner may omit his or her address from all documents filed with the court under
                  this chapter, but shall separately provide the court with a mailing address that is not to be made part
                  of the public record, but that may be provided to a [constable or other law enforcement] peace officer
                  or entity for service of process.
                      Section 14. Section 32A-10-202 is amended to read:
                       32A-10-202. Application and renewal requirements.

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                      (1) A person seeking an on-premise beer retailer license under this chapter shall file a written
                  application with the department, in a form prescribed by the department. It shall be accompanied
                  by:
                      (a) a nonrefundable $300 application fee;
                      (b) an initial license fee of $100, which is refundable if a license is not granted;
                      (c) written consent of the local authority or a license to sell beer at retail for on-premise
                  consumption granted by the local authority under Section 32A-10-101 ;
                      (d) a copy of the applicant's current business license;
                      (e) for applications made on or after July 1, 1991, evidence of proximity to any public or
                  private school, church, public library, public playground, or park, and if the proximity is within the
                  600 foot or 200 foot limitation of Subsections 32A-10-201 (3), (4), and (5), the application shall be
                  processed in accordance with those subsections;
                      (f) a bond as specified by Section 32A-10-205 ;
                      (g) a floor plan of the premises, including consumption areas and the area where the
                  applicant proposes to keep, store, and sell beer;
                      (h) evidence that the on-premise beer retailer licensee is carrying public liability insurance
                  in an amount and form satisfactory to the department;
                      (i) for those licensees that sell more than $5,000 of beer annually, evidence that the
                  on-premise beer retailer licensee is carrying dramshop insurance coverage of at least $100,000 per
                  occurrence and $300,000 in the aggregate;
                      (j) a signed consent form stating that the on-premise beer retailer licensee will permit any
                  authorized representative of the commission, department, council, or any [law enforcement] peace
                  officer unrestricted right to enter the licensee premises;
                      (k) in the case of a corporate applicant, proper verification evidencing that the person or
                  persons signing the on-premise beer retailer licensee application are authorized to so act on the
                  corporation's behalf; and
                      (l) any other information the department may require.
                      (2) All on-premise beer retailer licenses expire on the last day of February of each year,

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                  except that all on-premise beer retailer licenses obtained before the last day of February 1991 expire
                  on the last day of February 1992. Persons desiring to renew their on-premise beer retailer license
                  shall submit a renewal fee of $100 and a completed renewal application to the department no later
                  than January 31. Failure to meet the renewal requirements shall result in an automatic forfeiture of
                  the license, effective on the date the existing license expires. Renewal applications shall be in a form
                  as prescribed by the department.
                      (3) If any beer retailer licensee does not immediately notify the department of any change
                  in ownership of the beer retailer, or in the case of a Utah corporate owner of any change in the
                  officers or directors, the commission may suspend or revoke that license.
                      (4) If the applicant is a county, municipality, or other political subdivision, it need not meet
                  the requirements of Subsections (1)(a), (b), (c), (d), and (f).
                      (5) Only one state on-premise beer retailer license is required for each building or resort
                  facility owned or leased by the same applicant. Separate licenses are not required for each retail beer
                  dispensing outlet located in the same building or on the same resort premises owned or operated by
                  the same applicant.
                      Section 15. Section 32A-11-102 is amended to read:
                       32A-11-102. Application and renewal requirements.
                      (1) A person seeking a beer wholesaling license under this chapter shall file a written
                  application with the department, in a form prescribed by the department. It shall be accompanied
                  by:
                      (a) a nonrefundable $100 application fee;
                      (b) an initial license fee of $300, which is refundable if a license is not granted;
                      (c) written consent of the local authority;
                      (d) a copy of the applicant's current business license;
                      (e) a bond as specified in Section 32A-11-105 ;
                      (f) evidence that the applicant is carrying public liability insurance in an amount and form
                  satisfactory to the department;
                      (g) a signed consent form stating that the licensee will permit any authorized representative

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                  of the commission, department, council, or any [law enforcement] peace officer unrestricted right
                  to enter the licensed premises;
                      (h) a statement of the brands of beer the applicant is authorized to sell and distribute;
                      (i) a statement of all geographical areas in which the applicant is authorized to sell and
                  distribute beer; and
                      (j) any other documents and evidence as the department may direct.
                      (2) Each application shall be signed and verified by oath or affirmation by an executive
                  officer or any person specifically authorized by the corporation to sign the application, to which shall
                  be attached written evidence of said authority.
                      (3) (a) All beer wholesaling licenses expire on December 31 of each year. Persons desiring
                  to renew their beer wholesaling license shall submit a renewal fee of $300 and a completed renewal
                  application to the department no later than November 30 of the year the license expires. Failure to
                  meet the renewal requirements results in an automatic forfeiture of the license effective on the date
                  the existing license expires. Renewal applications shall be in a form prescribed by the department.
                      (b) The annual renewal fee prescribed in this Subsection (3) is independent of any like
                  license fee which may be assessed by the local authority of the city or county in which the
                  wholesaler's warehouse is located. Any local fees may not exceed $300. Payment of local fees shall
                  be made directly to the local authority assessing them.
                      (4) If any licensee does not immediately notify the department of any change in ownership
                  of the licensee, or in the case of a Utah corporate owner of any change in the corporate officers or
                  directors, the commission may suspend or revoke that license.
                      Section 16. Section 41-3-105 is amended to read:
                       41-3-105. Administrator's powers and duties -- Administrator and investigators to be
                  law enforcement officers.
                      (1) The administrator may make rules to carry out the purposes of this chapter and Sections
                  41-1a-1001 through 41-1a-1007 according to the procedures and requirements of Title 63, Chapter
                  46a, Utah Administrative Rulemaking Act.
                      (2) (a) The administrator may employ clerks, deputies, and assistants necessary to discharge

- 21 -


                  the duties under this chapter and may designate the duties of those clerks, deputies, and assistants.
                      (b) The administrator, assistant administrator, and all investigators shall be [peace] law
                  enforcement officers certified by peace officer standards and training as required by Section
                  [ 77-1a-1 ] 53-10-103 .
                      (3) (a) The administrator may investigate any suspected or alleged violation of:
                      (i) this chapter;
                      (ii) Title 41, Chapter 1a, Motor Vehicle Act;
                      (iii) any law concerning motor vehicle fraud; or
                      (iv) any rule made by the administrator.
                      (b) The administrator may bring an action in the name of the state against any person to
                  enjoin a violation found under Subsection (3)(a).
                      (4) (a) The administrator may prescribe forms to be used for applications for licenses.
                      (b) The administrator may require information from the applicant concerning the applicant's
                  fitness to be licensed.
                      (c) Each application for a license shall contain:
                      (i) if the applicant is an individual, the name and residence address of the applicant and the
                  trade name, if any, under which he intends to conduct business;
                      (ii) if the applicant is a partnership, the name and residence address of each partner, whether
                  limited or general, and the name under which the partnership business will be conducted;
                      (iii) if the applicant is a corporation, the name of the corporation, and the name and residence
                  address of each of its principal officers and directors;
                      (iv) a complete description of the principal place of business, including:
                      (A) the municipality, with the street and number, if any;
                      (B) if located outside of any municipality, a general description so that the location can be
                  determined; and
                      (C) any other places of business operated and maintained by the applicant in conjunction
                  with the principal place of business; and
                      (v) if the application is for a new motor vehicle dealer's license, the name of each motor

- 22 -


                  vehicle the applicant has been enfranchised to sell or exchange, the name and address of the
                  manufacturer or distributor who has enfranchised the applicant, and the names and addresses of the
                  individuals who will act as salespersons under authority of the license.
                      (5) The administrator may adopt a seal with the words "Motor Vehicle Enforcement
                  Administrator, State of Utah", to authenticate the acts of his office.
                      (6) (a) The administrator may require that the licensee erect or post signs or devices on his
                  principal place of business and any other sites, equipment, or locations operated and maintained by
                  the licensee in conjunction with his business.
                      (b) The signs or devices shall state the licensee's name, principal place of business, type and
                  number of licenses, and any other information that the administrator considers necessary to identify
                  the licensee.
                      (c) The administrator may make rules in accordance with Title 63, Chapter 46a, Utah
                  Administrative Rulemaking Act, determining allowable size and shape of signs or devices, their
                  lettering and other details, and their location.
                      (7) (a) The administrator shall provide for quarterly meetings of the advisory board and may
                  call special meetings.
                      (b) Notices of all meetings shall be mailed to each member at his last-known address not
                  fewer than five days prior to the meeting.
                      (8) The administrator, the officers and inspectors of the division designated by the
                  commission, and peace officers shall:
                      (a) make arrests upon view and without warrant for any violation committed in their
                  presence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
                      (b) when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer is being
                  operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, require the driver
                  of the vehicle to stop, exhibit his driver's license and the registration card issued for the vehicle and
                  submit to an inspection of the vehicle, the license plates, and registration card;
                      (c) serve all warrants relating to the enforcement of the laws regulating the operation of
                  motor vehicles, trailers, and semitrailers;

- 23 -


                      (d) investigate traffic accidents and secure testimony of witnesses or persons involved; and
                      (e) investigate reported thefts of motor vehicles, trailers, and semitrailers.
                      Section 17. Section 41-6-1 is amended to read:
                       41-6-1. Definitions.
                      As used in this chapter:
                      (1) "Alley" means a street or highway intended to provide access to the rear or side of lots
                  or buildings in urban districts and not intended for through vehicular traffic.
                      (2) "All-terrain type I vehicle" is used as defined in Section 41-22-2 .
                      (3) "Authorized emergency vehicle" means fire department vehicles, police vehicles,
                  ambulances, and other publicly or privately owned vehicles as designated by the commissioner of
                  the Department of Public Safety.
                      (4) "Bicycle" means every device propelled by human power upon which any person may
                  ride, having two tandem wheels, except scooters and similar devices.
                      (5) "Bus" means every motor vehicle designed for carrying more than 15 passengers and
                  used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and
                  used for the transportation of persons for compensation.
                      (6) "Controlled-access highway" means every highway, street, or roadway to or from which
                  owners or occupants of abutting lands and other persons have no legal right of access, except at
                  points as determined by the public authority having jurisdiction over the highway, street, or roadway.
                      (7) "Crosswalk" means:
                      (a) that part of a roadway at an intersection included within the connections of the lateral
                  lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence
                  of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side
                  of the roadway, that part of a roadway included within the extension of the lateral lines of the
                  existing sidewalk at right angles to the centerline; or
                      (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
                  pedestrian crossing by lines or other markings on the surface.
                      (8) "Department" means the Department of Public Safety.

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                      (9) "Divided highway" means a highway divided into two or more roadways by unpaved
                  intervening space or by a physical barrier or by a clearly indicated dividing section constructed to
                  impede vehicular traffic.
                      (10) "Electric assisted bicycle" means a moped with an electric motor with a power output
                  of not more than 1,000 watts, which is not capable of propelling the device at a speed of more than
                  20 miles per hour on level ground, and which is not capable of increasing the speed of the device
                  when human power is used to propel the device at more than 20 miles per hour.
                      (11) "Explosives" means any chemical compound or mechanical mixture commonly used
                  or intended for the purpose of producing an explosion and which contains any oxidizing and
                  combustive units or other ingredients in proportions, quantities, or packing so that an ignition by fire,
                  friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a
                  sudden generation of highly heated gases, and the resultant gaseous pressures are capable of
                  producing destructive effects on contiguous objects or of causing death or serious bodily injury.
                      (12) "Farm tractor" means every motor vehicle designed and used primarily as a farm
                  implement, for drawing plows, mowing machines, and other implements of husbandry.
                      (13) "Flammable liquid" means any liquid which has a flashpoint of 100 degrees F. or less,
                  as determined by a tagliabue or equivalent closed-cup test device.
                      (14) "Gross weight" means the weight of a vehicle without load plus the weight of any load
                  on the vehicle.
                      (15) "Highway" means the entire width between property lines of every way or place of any
                  nature when any part of it is open to the use of the public as a matter of right for vehicular travel.
                      (16) "Intersection" means the area embraced within the prolongation or connection of the
                  lateral curblines, or, if none, then the lateral boundary lines of the roadways of two or more
                  highways which join one another.
                      (a) Where a highway includes two roadways 30 feet or more apart, every crossing of each
                  roadway of the divided highway by an intersecting highway is a separate intersection; if the
                  intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two
                  roadways of the highways is a separate intersection.

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                      (b) The junction of an alley with a street or highway is not an intersection.
                      (17) "Local authorities" means every county, municipal, and other local board or body
                  having authority to enact laws relating to traffic under the constitution and laws of the state.
                      (18) "Metal tire" means a tire, the surface of which in contact with the highway is wholly
                  or partly of metal or other hard nonresilient material.
                      (19) "Mobile home" means:
                      (a) a trailer or semitrailer which is designed, constructed, and equipped as a dwelling place,
                  living abode, or sleeping place either permanently or temporarily, and is equipped for use as a
                  conveyance on streets and highways; or
                      (b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for
                  use as a mobile home, as defined in Subsection (19)(a), but which is instead used permanently or
                  temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any
                  other commercial purpose except the transportation of property for hire or the transportation of
                  property for distribution by a private carrier.
                      (20) "Moped" means a motor-driven cycle having both pedals to permit propulsion by
                  human power, and a motor which produces not more than two brake horsepower and which is not
                  capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. If an
                  internal combustion engine is used, the displacement may not exceed 50 cubic centimeters and the
                  moped shall have a power drive system that functions directly or automatically without clutching
                  or shifting by the operator after the drive system is engaged. A moped includes an electric assisted
                  bicycle.
                      (21) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which
                  is propelled by electric power obtained from overhead trolley wires, but not operated upon rails,
                  except vehicles moved solely by human power and motorized wheel chairs.
                      (22) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or saddle
                  for the use of the rider and designed to travel with not more than three wheels in contact with the
                  ground.
                      (23) "Motor-driven cycle" means every motorcycle and motor scooter, moped, electric

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                  assisted bicycle, and every motorized bicycle having an engine with less than 150 cubic centimeters
                  displacement or having a motor which produces not more than five horsepower.
                      (24) "Official traffic-control devices" means all signs, signals, markings, and devices not
                  inconsistent with this chapter placed or erected by authority of a public body or official having
                  jurisdiction, for the purpose of regulating, warning, or guiding traffic.
                      (25) "Off-highway implement of husbandry" is used as defined under Section 41-22-2 .
                      (26) "Off-highway vehicle" is used as defined under Section 41-22-2 .
                      (27) "Operator" means any person who is in actual physical control of a vehicle.
                      (28) "Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise
                  than temporarily for the purpose of and while actually engaged in loading or unloading property or
                  passengers.
                      (29) "Peace officer" means [every law enforcement] any peace officer authorized under
                  [Section 77-1a-1 ] Title 53, Chapter 10, Peace Officer Classifications, to direct or regulate traffic or
                  to make arrests for violations of traffic laws.
                      (30) "Pedestrian" means any person afoot.
                      (31) "Person" means every natural person, firm, copartnership, association, or corporation.
                      (32) "Pole trailer" means every vehicle without motive power designed to be drawn by
                  another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed
                  or otherwise secured to the towing vehicle, and is ordinarily used for transporting long or irregular
                  shaped loads such as poles, pipes, or structural members generally capable of sustaining themselves
                  as beams between the supporting connections.
                      (33) "Private road or driveway" means every way or place in private ownership and used for
                  vehicular travel by the owner and those having express or implied permission from the owner, but
                  not by other persons.
                      (34) "Railroad" means a carrier of persons or property upon cars operated upon stationary
                  rails.
                      (35) "Railroad sign or signal" means a sign, signal, or device erected by authority of a public
                  body or official or by a railroad and intended to give notice of the presence of railroad tracks or the

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                  approach of a railroad train.
                      (36) "Railroad train" means a locomotive propelled by any form of energy, coupled with or
                  operated without cars, and operated upon rails.
                      (37) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a lawful
                  manner in preference to another vehicle or pedestrian approaching under circumstances of direction,
                  speed, and proximity which give rise to danger of collision unless one grants precedence to the other.
                      (38) "Roadway" means that portion of highway improved, designed, or ordinarily used for
                  vehicular travel, exclusive of the sidewalk, berm, or shoulder, even though any of them are used by
                  persons riding bicycles or other human-powered vehicles. If a highway includes two or more
                  separate roadways, roadway refers to any roadway separately but not to all roadways collectively.
                      (39) "Safety zone" means the area or space officially set apart within a roadway for the
                  exclusive use of pedestrians and which is protected, marked, or indicated by adequate signs as to be
                  plainly visible at all times while set apart as a safety zone.
                      (40) "School bus" means every motor vehicle that complies with the color and identification
                  requirements of the most recent edition of "Minimum Standards for School Buses" and is used to
                  transport school children to or from school or school activities. This definition does not include
                  vehicles operated by common carriers in transportation of school children to or from school or
                  school activities.
                      (41) "Semitrailer" means a vehicle with or without motive power, other than a pole trailer,
                  designed for carrying persons or property and for being drawn by a motor vehicle, and constructed
                  so that some part of its weight and that of its load rests upon or is carried by another vehicle.
                      (42) "Shoulder area" means that area of the hard-surfaced highway separated from the
                  roadway by a pavement edge line as established in the current approved "Manual on Uniform Traffic
                  Control Devices," or that portion of the road contiguous to the roadway for accommodation of
                  stopped vehicles, for emergency use, and lateral support.
                      (43) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of
                  a roadway, and the adjacent property lines intended for the use of pedestrians.
                      (44) "Solid rubber tire" means every tire of rubber or other resilient material which does not

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                  depend upon compressed air for the support of the load.
                      (45) "Stand" or "standing" means the halting of a vehicle, whether occupied or not, other
                  than temporarily for the purpose of and while actually engaged in receiving or discharging
                  passengers.
                      (46) "Stop" when required means complete cessation from movement.
                      (47) "Stop" or "stopping" when prohibited means any halting even momentarily of a vehicle,
                  whether occupied or not, except when necessary to avoid conflict with other traffic or when in
                  compliance with the directions of a peace officer or official traffic-control device.
                      (48) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances
                  either singly or together while using any highway for the purpose of travel.
                      (49) "Traffic-control signal" means any device, whether manually, electrically, or
                  mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
                      (50) "Trailer" means every vehicle with or without motive power, other than a pole trailer,
                  designed for carrying persons or property and for being drawn by a motor vehicle and constructed
                  so that no part of its weight rests upon the towing vehicle.
                      (51) "Truck" means every motor vehicle designed, used, or maintained primarily for the
                  transportation of property.
                      (52) "Truck tractor" means a motor vehicle designed and used primarily for drawing other
                  vehicles and constructed to carry a part of the weight of the vehicle and load drawn by the truck
                  tractor.
                      (53) "Urban district" means the territory contiguous to and including any street, in which
                  structures devoted to business, industry, or dwelling houses are situated at intervals of less than 100
                  feet, for a distance of a quarter of a mile or more.
                      (54) "Vehicle" means every device in, upon, or by which any person or property is or may
                  be transported or drawn upon a highway, except devices used exclusively upon stationary rails or
                  tracks.
                      Section 18. Section 41-6-103 is amended to read:
                       41-6-103. Standing or parking vehicles -- Restrictions and exceptions.

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                      Except when necessary to avoid conflict with other traffic, or in compliance with law or the
                  directions of a [police] peace officer or official traffic-control device, no person shall:
                      (1) Stop, stand, or park a vehicle:
                      (a) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;
                      (b) on a sidewalk;
                      (c) within an intersection;
                      (d) on a crosswalk;
                      (e) between a safety zone and the adjacent curb or within 30 feet of points on the curb
                  immediately opposite the ends of a safety zone, unless a different length is indicated by signs or
                  markings;
                      (f) alongside or opposite any street excavation or obstruction when stopping, standing, or
                  parking would obstruct traffic;
                      (g) upon any bridge or other elevated structure upon a highway or within a highway tunnel;
                      (h) on any railroad tracks;
                      (i) on any controlled-access highway;
                      (j) in the area between roadways of a divided highway, including crossovers; or
                      (k) any place where official traffic-control devices prohibit stopping.
                      (2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or
                  discharge a passenger or passengers:
                      (a) in front of a public or private driveway;
                      (b) within 15 feet of a fire hydrant;
                      (c) within 20 feet of a crosswalk at an intersection;
                      (d) within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or
                  traffic-control signal located at the side of a roadway;
                      (e) within 20 feet of the driveway entrance to any fire station and on the side of a street
                  opposite the entrance to any fire station within 75 feet of said entrance when properly signposted;
                  or
                      (f) at any place where official traffic-control devices prohibit standing.

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                      (3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while
                  actually engaged in loading or unloading property or passengers:
                      (a) within 50 feet of the nearest rail of a railroad crossing; or
                      (b) at any place where official traffic-control devices prohibit parking.
                      (4) No person shall move a vehicle not lawfully under [such] the person's control into any
                  prohibited area or an unlawful distance from the curb.
                      Section 19. Section 41-6-114 is amended to read:
                       41-6-114. Destructive or injurious materials on highways, parks, recreation areas,
                  waterways, or other public or private lands -- Throwing lighted material from moving vehicle
                  -- Enforcement officers -- Litter receptacles required.
                      [(a)] (1) It shall be unlawful for any person to throw, deposit, or discard, or to permit to be
                  dropped, thrown, deposited, or discarded upon any public road, highway, park, recreation area, or
                  other public or private land, or waterway, any glass bottle, glass, nails, tacks, wire, cans, barbed wire,
                  boards, trash or garbage, paper or paper products, or any other substance which would or could mar
                  or impair the scenic aspect or beauty of [such] the land in the state [of Utah] whether under private,
                  state, county, municipal, or federal ownership without the permission of the owner[,] or person
                  having control or custody of the land.
                      [(b)] (2) Any person who drops, throws, deposits, or discards, or permits to be dropped,
                  thrown, deposited, or discarded, upon any public road, highway, park, recreation area, or other public
                  or private land or waterway any destructive, injurious, or unsightly material shall:
                      (a) immediately remove the [same] material or cause it to be removed; and
                      (b) deposit the material in a receptacle designed to receive [such] the material.
                      [(c)] (3) Any person distributing commercial handbills, leaflets, or other advertising shall
                  take whatever measures are reasonably necessary to keep [such] the material from littering public
                  or private property or public roadways.
                      [(d)] (4) Any person removing a wrecked or damaged vehicle from a public road, highway,
                  park, recreation area, or other public or private land shall remove any glass or other injurious
                  substance dropped from the vehicle upon the road or highway or in the park, recreation area, or other

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                  public or private land [from such vehicle].
                      [(e)] (5) It shall be unlawful to throw any lighted material from a moving vehicle.
                      [(f)] (6) [Any] Except as provided in Section 27-12-146 , any person transporting loose cargo
                  by truck, trailer, or other motor vehicle shall secure [such] the cargo in [such] a reasonable manner
                  [as will] to prevent the cargo from littering or spilling on both public and private property or public
                  roadways [except as provided in Section 27-12-146 ].
                      [(g)] (7) Any person in charge of a construction or demolition site shall take [those]
                  reasonable steps [as are reasonably necessary] to prevent the accumulation of litter at the
                  construction or demolition site.
                      [(h)] (8) (a) Officers of the Division of Wildlife Resources and Parks and Recreation,
                  [police] peace officers of incorporated cities and towns, sheriffs and their deputies, deputy state fire
                  wardens, state capitol security officers, and other officers of the state [of Utah], within their
                  jurisdiction shall enforce the provisions of this section.
                      (b) Each [such] officer in Subsection (8)(a) is empowered to issue citations to any person
                  violating any of the provisions of this section[,] and may serve and execute all warrants, citations,
                  and other process issued by any court in enforcing this section.
                      [(i)] (9) Each operator of a park, campground, trailer park, drive-in restaurant, gasoline
                  service station, shopping center, grocery store parking lot, tavern parking lot, parking lots of
                  industrial firms, marina, boat launching area, boat moorage and fueling station, public and private
                  pier, beach, and bathing area shall maintain sufficient litter receptacles on [said] the premises to
                  accommodate the litter that accumulates [there].
                      [(j)] (10) Cities and towns within their corporate limits and counties outside of incorporated
                  cities and towns shall have power to enact local ordinances to [effectuate and] carry out [each and
                  every provision] the provisions of this section.
                      Section 20. Section 41-6-117.5 is amended to read:
                       41-6-117.5. Permit to operate vehicle in violation of equipment regulations.
                      [(a)] (1) The department may issue a permit which will allow operation of a vehicle in
                  violation of the provisions of this chapter or in violation of departmental regulations.

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                      [(b)] (2) The permit shall be carried by the driver or in the vehicle and shall be displayed
                  upon demand of a magistrate or [police] peace officer.
                      [(c)] (3) (a) In issuing [such] the permits in Subsection (1), the department may limit the
                  time, manner, or duration of operation and may otherwise prescribe conditions of operation that are
                  necessary to protect the safety of highway users or efficient movement of traffic. [Said]
                      (b) Any conditions shall be stated on the permit and a person shall not violate them.
                      Section 21. Section 41-6-153 is amended to read:
                       41-6-153. Warning signal around disabled vehicle -- Time and place.
                      (1) (a) Whenever any truck, bus, truck-tractor, trailer, semitrailer, or pole trailer 80 inches
                  or more in over-all width or 30 feet or more in over-all length is stopped upon a roadway or adjacent
                  shoulder, the driver shall immediately actuate vehicular hazard warning signal lamps meeting the
                  requirements of Section 41-6-133 . [Such]
                      (b) The signal lights need not be displayed by a vehicle:
                      (i) parked lawfully in an urban district[, or];
                      (ii) stopped lawfully to receive or discharge passengers[, or];
                      (iii) stopped to avoid conflict with other traffic or to comply with the directions of a [police]
                  peace officer or an official traffic-control device[,]; or
                      (iv) while the devices specified in Subsections [(b)] (2) through [(h)] (7) are in place.
                      [(b) Whenever] (2) Except as provided in Subsection (3), whenever any vehicle of a type
                  referred to in Subsection [(a)] (1) is disabled, or stopped for more than [10] ten minutes, upon a
                  roadway outside of an urban district at any time when lighted lamps are required, the driver of [such]
                  the vehicle shall display the following warning devices [except as provided in Subsection (c)]:
                      [(1) A] (a) a lighted fusee, a lighted red electric lantern, or a portable red emergency
                  reflector shall immediately be placed at the traffic side of the vehicle in the direction of the nearest
                  approaching traffic[.]; and
                      [(2) As] (b) as soon thereafter as possible but in any event within the burning period of the
                  fusee (15 minutes), the driver shall place three liquid-burning flares (pot torches), or three lighted
                  red electric lanterns, or three portable red emergency reflectors on the roadway in the following

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                  order:
                      [(A)] (i) one approximately 100 feet from the disabled vehicle in the center of the lane
                  occupied by such vehicle and toward traffic approaching in that lane;
                      [(B)] (ii) one approximately 100 feet in the opposite direction from the disabled vehicle and
                  in the center of the traffic lane occupied by [such] the vehicle; and
                      [(C)] (iii) one at the traffic side of the disabled vehicle not less than [10] ten feet rearward
                  or forward [thereof] of the disabled vehicle in the direction of the nearest approaching traffic. If a
                  lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side
                  of the vehicle in accordance with [Paragraph (A) of this] Subsection (2)(b)(i), it may be placed for
                  this purpose.
                      [(c)] (3) Whenever any vehicle referred to in this section is disabled, or stopped for more
                  than [10] ten minutes[,]:
                      (a) within 500 feet of a curve, hillcrest, or other obstruction to view, the warning device in
                  that direction shall be so placed as to afford ample warning to other users of the highway, but in no
                  case less than 100 feet nor more than 500 feet from the disabled vehicle[.];
                      [(d)] (b) [Whenever any vehicle of a type referred to in this section is disabled, or stopped
                  for more than 10 minutes,] upon any roadway of a divided highway during the time lighted lamps
                  are required, the appropriate warning devices prescribed in Subsections [(b)] (2) and [(e)] (4) shall
                  be placed as follows:
                      [One] (i) one at a distance of approximately 200 feet from the vehicle in the center of the
                  lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;
                      (ii) one at a distance of approximately 100 feet from the vehicle, in the center of the lane
                  occupied by the vehicle and in the direction of traffic approaching in that lane;
                      (iii) one at the traffic side of the vehicle and approximately [10] ten feet from the vehicle in
                  the direction of the nearest approaching traffic[.]; or
                      (c) upon a roadway outside of an urban district or upon the roadway of a divided highway
                  at any time when lighted lamps are not required by Section 41-6-118 , the driver of the vehicle shall
                  display two red flags as follows:

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                      (i) if traffic on the roadway moves in two directions, one flag shall be placed approximately
                  100 feet to the rear and one flag approximately 100 feet in advance of the vehicle in the center of the
                  lane occupied by such vehicle; or
                      (ii) upon a one-way roadway, one flag shall be placed approximately 100 feet and one flag
                  approximately 200 feet to the rear of the vehicle in the center of the lane occupied by such vehicle.
                      [(e)] (4) (a) Whenever any motor vehicle used in the transportation of explosives or any
                  cargo tank truck used for the transportation of any flammable liquid or compressed gas is disabled,
                  or stopped for more than [10] ten minutes, at any time and place mentioned in Subsection [(b), (c)
                  or (d)] (2) or (3), the driver of [such] the vehicle shall immediately display red electric lanterns or
                  portable red emergency reflectors in the same number and manner as specified [therein] in
                  Subsections (2) or (3).
                      (b) Flares, fusees, or signals produced by flame [shall] may not be used as warning devices
                  for vehicles of the type mentioned in this Subsection (4) nor for vehicles using compressed gas as
                  a fuel.
                      [(f)] (5) The warning devices described in Subsections [(b)] (2) through [(e)] (4) need not
                  be displayed where there is sufficient light to reveal persons and vehicles within a distance of 1,000
                  feet.
                      [(g) Whenever any vehicle described in this section is disabled, or stopped for more than 10
                  minutes, upon a roadway outside of an urban district or upon the roadway of a divided highway at
                  any time when lighted lamps are not required by Section 41-6-118 , the driver of the vehicle shall
                  display two red flags as follows:]
                      [(1) If traffic on the roadway moves in two directions, one flag shall be placed approximately
                  100 feet to the rear and one flag approximately 100 feet in advance of the vehicle in the center of the
                  lane occupied by such vehicle.]
                      [(2) Upon a one-way roadway, one flag shall be placed approximately 100 feet and one flag
                  approximately 200 feet to the rear of the vehicle in the center of the lane occupied by such vehicle.]
                      [(h) When] (6) At any time and place that any vehicle described in this section is stopped
                  entirely off the roadway and on an adjacent shoulder [at any time and place hereinbefore mentioned],

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                  the warning devices shall be placed, as nearly as practicable, on the shoulder near the edge of the
                  roadway.
                      [(i)] (7) The flares, fusees, red electric lanterns, portable red emergency reflectors, and flags
                  to be displayed as required in this section shall conform with the applicable requirements of Section
                  41-6-152 [applicable thereto].
                      Section 22. Section 41-6-167 is amended to read:
                       41-6-167. Notice to appear in court -- Contents -- Promise to comply -- Signing --
                  Release from custody -- Official misconduct.
                      [(a)] (1) Upon any violation of this act punishable as a misdemeanor, whenever a person is
                  immediately taken before a magistrate as hereinbefore provided, the [police] peace officer shall
                  prepare, in triplicate or more copies, a written notice to appear in court containing:
                      (a) the name and address of [such] the person[,];
                      (b) the number, if any, of [his] the person's operator's license[,];
                      (c) the registration number of [his] the person's vehicle[,];
                      (d) the offense charged[,]; and
                      (e) the time and place [when and where such] the person shall appear in court.
                      [(b)] (2) The time specified in [said] the notice to appear must be at least five days after
                  [such] the arrest of the person unless the person [arrested shall demand] demands an earlier hearing.
                      [(c)] (3) The place specified in [said] the notice to appear [must] shall be made before a
                  magistrate [within] of competent jurisdiction in the county in which the [offense charged is alleged
                  to have been committed and who has jurisdiction of such offense] alleged violation occurred.
                      [(d)] (4) (a) [The arrested person, in] In order to secure release as provided in this section,
                  [must give his written] the arrested person shall promise [satisfactory to the arresting officer so] to
                  appear in court by signing at least one copy of the written notice prepared by the arresting officer.
                      (b) The arresting officer shall immediately:
                      (i) deliver a copy of [such] the notice to the person promising to appear[. Thereupon, said
                  officer shall forthwith]; and
                      (ii) release the person arrested from custody.

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                      [(e)] (5) Any officer violating any of the provisions of this section shall be:
                      (a) guilty of misconduct in office; and [shall be]
                      (b) subject to removal from office.
                      Section 23. Section 41-6-169 is amended to read:
                       41-6-169. Arrests without warrants.
                      The foregoing provisions of this act shall govern all [police] peace officers in making arrests
                  without warrant for violations of this act, but the procedure prescribed herein shall not otherwise be
                  exclusive of any other method prescribed by law for the arrest and prosecution of a person for an
                  offense of like grade.
                      Section 24. Section 41-6-172 is amended to read:
                       41-6-172. Improper disposition or cancellation of notice to appear or traffic citation
                  -- Official misconduct -- Misdemeanor.
                      [(a)] (1) It shall be unlawful and official misconduct for any [police] peace officer or other
                  officer or public employee to dispose of a notice to appear or of any traffic citation without the
                  consent of the magistrate before whom the person was to appear.
                      [(b)] (2) Any person who cancels or solicits the cancellation of any notice to appear or any
                  traffic citation, in any manner other than as provided by law, shall be guilty of a misdemeanor.
                      Section 25. Section 41-12a-501 is amended to read:
                       41-12a-501. Post-accident security.
                      (1) (a) Unless excepted under Subsection (2), the operator of a motor vehicle involved in an
                  accident in the state and any owner who has not previously satisfied the requirement of security
                  under Section 41-12a-301 shall file post-accident security with the department for the benefit of
                  persons obtaining judgments against the operator on account of bodily injury, death, or property
                  damage caused by the accident.
                      (b) The security shall be in an amount determined by the department to be sufficient to
                  satisfy judgments arising from bodily injury, death, or property damage resulting from the accident
                  that may be recovered against the operator, but may not exceed the minimum single limit under
                  Subsection 31A-22-304 (2).

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                      (c) The department shall determine the amount of post-accident security on the basis of
                  reports and other evidence submitted to the department by interested parties, including officials
                  investigating the accident.
                      (d) In setting the amount of post-accident security, the department may not take into account
                  alleged damages resulting from pain and suffering.
                      (e) Persons who fail to file required post-accident security are subject to the penalties under
                  Subsection (3).
                      (2) The operator is exempted from the post-accident requirement under Subsection (1) if any
                  of the following conditions are satisfied:
                      (a) No bodily injury, death, or damage to the property of one person in excess of the damage
                  limit specified under Section 41-6-31 resulted from the accident.
                      (b) No injury, death, or property damage was suffered by any person other than the owner
                  or operator.
                      (c) The owner of the motor vehicle was in compliance with the owner's security requirement
                  under Section 41-12a-301 at the time of the accident and the operator had permission from the owner
                  to operate the motor vehicle.
                      (d) The operator was in compliance with the operator's security requirement under Section
                  41-12a-301 at the time of the accident.
                      (e) The operator has filed satisfactory evidence with the department that the operator has
                  been released from liability, has been finally adjudicated not to be liable, or has executed a duly
                  acknowledged written agreement providing for the payment of an agreed amount in installments with
                  respect to all claims for injuries or damages resulting from the accident and is not in default on that
                  agreement.
                      (f) The motor vehicle involved in the accident was operated by a nonresident who had an
                  insurance policy or bond covering the accident, but not fully complying with the policy provision
                  requirements under Section 31A-22-302 , if the policy or bond is sufficient to provide full recovery
                  for claimants and the policy or bond is issued by an insurer licensed in the state.
                      (g) The operator at the time of the accident was operating a motor vehicle owned or leased

- 38 -


                  by the operator's employer and driven with the employer's permission.
                      (h) Evidence as to the extent of injuries or property damage caused by the accident has not
                  been submitted by or on behalf of any person affected by the accident within six months following
                  the date of the accident.
                      (i) The motor vehicle was legally parked at the time of the accident.
                      (j) The motor vehicle was an emergency vehicle acting in the line of duty at the time of the
                  accident.
                      (k) The motor vehicle involved in the accident is owned by the United States, this state, or
                  any political subdivision of this state, if the operator was using the vehicle with the permission of
                  the owner.
                      (l) The motor vehicle was legally stopped at a stop sign, traffic signal, or at the direction of
                  a [police] peace officer at the time of the accident.
                      (3) (a) If an operator who is required to file post-accident security under Subsection (1) does
                  not do so within ten days after receiving notice of the requirement of security, the department shall
                  suspend the driver's license of the operator and all registrations of the owner, if he is a resident of
                  the state.
                      (b) If the operator is not a resident of Utah, the department shall suspend the privilege of
                  operating a motor vehicle within the state and of using, in the state, any owned motor vehicle.
                      (c) Notice of these suspensions shall be sent to the owner or operator no less than 15 days
                  prior to the effective date of the suspension.
                      Section 26. Section 41-22-16 is amended to read:
                       41-22-16. Authorized peace officers -- Arrest provisions.
                      (1) Any [law enforcement] peace officer authorized under Title [77] 53, Chapter [1a] 10,
                  Peace Officer Classifications, may enforce the provisions of this chapter and the rules promulgated
                  under this chapter.
                      (2) Whenever any person is arrested for any violation of the provisions of this chapter or of
                  the rules promulgated under this chapter, the procedure for the arrest is the same as outlined in
                  Sections 41-6-166 , 41-6-167 , 41-6-168 , and 41-6-169 .

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                      Section 27. Section 49-4-103 is amended to read:
                       49-4-103. Definitions.
                      As used in this chapter:
                      (1) (a) "Compensation," "salary," or "wages" means the total amount of payments which are
                  currently includable in gross income made by an employer to an employee covered under the
                  retirement system for services rendered to the employer as base income. Base income shall be
                  determined prior to any salary deductions or reductions for any salary deferral or pretax benefit
                  programs authorized by federal law.
                      (b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
                      (c) "Compensation" does not include:
                      (i) overtime;
                      (ii) sick pay incentives;
                      (iii) retirement pay incentives;
                      (iv) the monetary value of remuneration paid in kind, such as a residence, use of equipment
                  or uniform or travel allowances;
                      (v) a lump-sum payment or special payments covering accumulated leave; and
                      (vi) all contributions made by an employer under this plan or under any other employee
                  benefit plan maintained by an employer for the benefit of a participant.
                      (d) "Compensation" for purposes of this chapter may not exceed the amount allowed under
                  Internal Revenue Code Section 401(a)(17).
                      (2) "Final average salary" means the amount computed by averaging the highest three years
                  of annual compensation preceding retirement, subject to Subsections (2)(a) and (b).
                      (a) Except as provided in Subsection (2)(b), the percentage increase in annual compensation
                  in any one of the years used may not exceed the previous year's salary by more than 10% plus a
                  cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the
                  previous year, as measured by the Consumer Price Index prepared by the United States Bureau of
                  Labor Statistics.
                      (b) In cases where the employing unit provides acceptable documentation to the board, the

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                  limitation in Subsection (2)(a) may be exceeded if:
                      (i) the member has transferred from another employing unit; or
                      (ii) the member has been promoted to a new position.
                      (3) "Full-time service" means 2,080 hours a year.
                      (4) "Line-of-duty death" means a death resulting from external force, violence, or disease
                  occasioned by an act of duty as a [police] peace officer or other public safety member.
                      (5) (a) "Participating service" means public safety service rendered during which a person
                  was a member of this system as well as any of the terminated systems during which the person was
                  paid compensation upon which member contributions were taken.
                      (b) Participating service also means public safety service rendered for an employer covered
                  by the retirement system and standing to the credit of a member as of June 30, 1969, who transferred
                  to coverage under the public safety retirement system on July 1, 1969.
                      (6) (a) "Public safety service" means full-time paid service rendered by:
                      (i) [peace] law enforcement officers in accordance with Section [ 77-1a-1 ] 53-10-103 ;
                      (ii) correctional officers in accordance with Section [ 77-1a-2 ] 53-10-104 ; and
                      (iii) special function officers in accordance with Subsection 49-4-203 (5) and Section
                  [ 77-1a-4 ] 53-10-105 .
                      (b) Subsection (6)(a) does not apply to any person who became a member of the system prior
                  to January 1, 1984.
                      (7) "Years of service" or "service years" means the number of periods, each to consist of 12
                  full months as determined by the board, whether consecutive or not, during which an employee
                  performed services for an employer or employers, including time the employee was absent in the
                  service of the United States government on military duty.
                      Section 28. Section 49-4-203 is amended to read:
                       49-4-203. Eligibility for membership in the system.
                      All employees who perform covered public safety services for any employing unit, except
                  those withdrawing from coverage as provided by this chapter, shall become members of the
                  retirement system as follows:

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                      (1) Any employee who is employed to perform public safety services for an employer
                  covered by this chapter on or after July 1, 1969, shall become a member of the system effective on
                  the date of employment.
                      (2) (a) Any employee engaged in performing public safety services for a department or
                  political subdivision on the date it becomes a participant in the system under this chapter shall
                  become a member of the system as of the date of coverage. Each new public safety employee of the
                  covered unit shall thereafter become a member of the system effective on the date of employment.
                      (b) In cities, counties, or other employing units of government that have public safety and
                  fire fighter personnel where cross-training and duty is required, the employing unit may enroll those
                  dual purpose personnel in the retirement system in which the greatest amount of duty time is
                  contemplated and actually worked. The personnel shall be full-time public safety or fire fighter
                  employees of the employing unit.
                      (3) (a) The board may by rule establish other peace officer groups for purposes of:
                      (i) recommending eligibility for coverage under this system; and
                      (ii) recommending contribution rates.
                      (b) (i) Each employing unit covered by this system shall annually submit to the retirement
                  office a schedule indicating the positions to be covered under this system in accordance with
                  Subsection 49-4-103 (6). The retirement office may require documentation to justify the inclusion
                  of any position under this system.
                      (ii) If there is a dispute between the retirement office and an employing unit or employee
                  over any position to be covered, the disputed position shall be submitted to the Peace Officer
                  Standards and Training Council established under Section 53-6-106 for determination.
                      (iii) (A) The Peace Officer Standards and Training Council's authority to decide eligibility
                  questions for peace officers is limited to claims for coverage under the Public Safety Retirement
                  System for time periods subsequent to July 1, 1989.
                      (B) A decision of the Peace Officer Standards and Training Council may not be applied to
                  credit earned in another system prior to July 1, 1989.
                      (C) Except as provided under Subsection (3)(b)(iii)(D), a decision of the Peace Officer

- 42 -


                  Standards and Training Council granting an individual or a position coverage under the Public Safety
                  Retirement System may only be applied prospectively from the date of that decision.
                      (D) A decision of the Peace Officer Standards and Training Council granting an individual
                  or a position coverage under the Public Safety Retirement System may be applied retroactively only
                  if:
                      (I) the employing unit covered other similarly situated employees under the Public Safety
                  Retirement System during the time period in question; and
                      (II) the employee otherwise meets all eligibility requirements for membership in the Public
                  Safety Retirement System.
                      (c) (i) The Peace Officer Standards and Training Council may use a subcommittee to provide
                  a recommendation to the council in determining disputes between the retirement office and an
                  employing unit or employee over a position to be covered under this system.
                      (ii) The Peace Officer Standards and Training Council shall comply with Title 63, Chapter
                  46b, Administrative Procedures Act, in conducting adjudicative proceedings.
                      (4) Employees who have performed public safety service and who then transfer or are
                  promoted to administration positions not covered by this system shall continue to earn public safety
                  service credit under this chapter as long as they remain employed in the same department.
                      (5) Unless the Legislature fails to provide funding in the appropriations act for the inclusion
                  of special function officers in the contributory system, special function officers shall be eligible for
                  membership in the contributory system if approved by the Peace Officer Standards and Training
                  Council.
                      (6) (a) The Peace Officer Standards and Training Council, in determining disputes between
                  the retirement office and an employing unit or employee over a position to be covered under this
                  system, shall determine that to be eligible for membership in this system the employee:
                      (i) is required as a duty of employment to serve in a position that may place the employee
                  at risk to life and personal safety; and
                      (ii) is required to complete training as provided in Subsection [ 77-1a-1 (3), 77-1a-2 (3), or
                  77-1a-4 (3)] 53-10-103 (4), 53-10-104 (3), or 53-10-105 (3).

- 43 -


                      (b) If an employee satisfies the requirements of Subsection (6)(a), the Peace Officer
                  Standards and Training Council shall consider, in determining eligibility for membership in the
                  system, whether the employee:
                      (i) performs duties that consist primarily of actively preventing or detecting crime and
                  enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
                      (ii) performs duties that consist primarily of providing community protection; and
                      (iii) is required to respond to situations involving threats to public safety and make
                  emergency decisions affecting the lives and health of others.
                      (7) If a subcommittee is used to recommend the determination of disputes to the Peace
                  Officer Standards and Training Council, the subcommittee shall comply with the requirements of
                  Subsection (6) in making its recommendation.
                      (8) A final order of the Peace Officer Standards and Training Council regarding a dispute
                  is final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures Act.
                      (9) If a local law enforcement agency's law enforcement officers are not included in the
                  Public Safety Retirement System under Title 49, Chapter 4, Public Safety Retirement Act, or Title
                  49, Chapter 4a, Public Safety Noncontributory Retirement Act, as of January 1, 1998, those officers
                  who may otherwise qualify for membership in the system shall, at the discretion of the respective
                  municipality, remain in their current retirement system.
                      Section 29. Section 49-4a-103 is amended to read:
                       49-4a-103. Definitions.
                      As used in this chapter:
                      (1) (a) "Compensation," "salary," or "wages" means the total amount of payments which are
                  currently includable in gross income made by an employer to an employee for services rendered to
                  the employer as base income for the position covered under the retirement system. Base income
                  shall be determined prior to any salary deductions or reductions for any salary deferral or pretax
                  benefit programs authorized by federal law.
                      (b) "Compensation" includes performance-based bonuses and cost-of-living adjustments.
                      (c) "Compensation" does not include:

- 44 -


                      (i) overtime;
                      (ii) sick pay incentives;
                      (iii) retirement pay incentives;
                      (iv) the monetary value of remuneration paid in kind, as in a residence, use of equipment or
                  uniform or travel allowances;
                      (v) a lump-sum payment or special payment covering accumulated leave; and
                      (vi) all contributions made by an employer under this plan or under any other employee
                  benefit plan maintained by an employer for the benefit of a participant.
                      (d) "Compensation" for purposes of this chapter may not exceed the amount allowed under
                  Internal Revenue Code Section 401(a)(17).
                      (2) "Final average salary" means the amount computed by averaging the highest three years
                  of annual compensation preceding retirement subject to Subsections (2)(a) and (b).
                      (a) Except as provided in Subsection (2)(b), the percentage increase in annual compensation
                  in any one of the years used may not exceed the previous year's salary by more than 10% plus a
                  cost-of-living adjustment equal to the decrease in the purchasing power of the dollar during the
                  previous year, as measured by the Consumer Price Index prepared by the United States Bureau of
                  Labor Statistics.
                      (b) In cases where the employing unit provides acceptable documentation to the board, the
                  limitation in Subsection (2)(a) may be exceeded if:
                      (i) the member has transferred from another employing unit; or
                      (ii) the member has been promoted to a new position.
                      (3) "Full-time service" means 2,080 hours a year.
                      (4) "Line-of-duty death" means a death resulting from external force, violence, or disease
                  occasioned by an act of duty as a [policeman] peace officer or other public safety member.
                      (5) "Public safety service" means full-time paid service rendered by:
                      (a) [peace] law enforcement officers in accordance with Section [ 77-1a-1 ] 53-10-103 ;
                      (b) correctional officers in accordance with Section [ 77-1a-2 ] 53-10-104 ; and
                      (c) special function officers in accordance with Subsection 49-4a-203 (7) and Section

- 45 -


                  [77-1a-4 ] 53-10-105 .
                      (6) "Years of service" or "service years" means the number of periods, each to consist of 12
                  full months as determined by the board, whether consecutive or not, during which an employee
                  performed services for an employer or employers, including time the employee was absent in the
                  service of the United States government on military duty.
                      Section 30. Section 49-4a-203 is amended to read:
                       49-4a-203. Eligibility for membership in the system.
                      (1) Any person entering full-time employment in a state public safety position after the
                  effective date of this chapter shall automatically become a member of the noncontributory retirement
                  system.
                      (2) Any person in full-time employment in a state public safety position prior to the effective
                  date of this system may either become a member of this noncontributory system or remain a member
                  of the Public Safety Retirement System established under Title 49, Chapter 4, Public Safety
                  Retirement Act, by following the procedures established by the board pursuant to this chapter.
                      (3) (a) Membership in the noncontributory system is optional for political subdivisions,
                  except that once a political subdivision elects to participate in the noncontributory system that
                  election is final and binding upon the political subdivision.
                      (b) Persons entering public safety employment with political subdivisions that elect to
                  participate in the noncontributory system after the effective date of this chapter shall automatically
                  become members of the noncontributory retirement system.
                      (c) Any person in full-time employment with the political subdivision prior to that election
                  to participate in this system may either become a member of the noncontributory retirement system
                  or remain a member of the Public Safety Retirement System established under Title 49, Chapter 4,
                  by following the procedures established by the board pursuant to this chapter.
                      (4) In cities, counties, or other employing units of government that have public safety and
                  fire fighter personnel where cross-training and duty is required, the employing unit may enroll those
                  dual purpose personnel in the retirement system in which the greatest amount of duty time is
                  contemplated and actually worked in accordance with Subsection (3). The personnel shall be

- 46 -


                  full-time public safety or fire fighter employees of the employing unit. New public safety employing
                  units after July 1, 1989, are covered under this chapter.
                      (5) (a) The board may by rule establish other peace officer groups for purposes of:
                      (i) recommending eligibility for coverage under this system; and
                      (ii) recommending contribution rates.
                      (b) (i) Each employing unit covered by this system shall annually submit to the retirement
                  office a schedule indicating the positions to be covered under this system in accordance with
                  Subsection 49-4a-103 (5). The retirement office may require documentation to justify the inclusion
                  of any position under this system.
                      (ii) If there is a dispute between the retirement office and an employing unit or employee
                  over any position to be covered, the disputed position shall be submitted to the Peace Officer
                  Standards and Training Council established under Section 53-6-106 for determination.
                      (iii) (A) The Peace Officer Standards and Training Council's authority to decide eligibility
                  questions for peace officers is limited to claims for coverage under the Public Safety Retirement
                  System for time periods subsequent to July 1, 1989.
                      (B) A decision of the Peace Officer Standards and Training Council may not be applied to
                  credit earned in another system prior to July 1, 1989.
                      (C) Except as provided under Subsection (5)(b)(iii)(D), a decision of the Peace Officer
                  Standards and Training Council granting an individual or a position coverage under the Public Safety
                  Retirement System may only be applied prospectively from the date of that decision.
                      (D) A decision of the Peace Officer Standards and Training Council granting an individual
                  or a position coverage under the Public Safety Retirement System may be applied retroactively only
                  if:
                      (I) the employing unit covered other similarly situated employees under the Public Safety
                  Retirement System during the time period in question; and
                      (II) the employee otherwise meets all eligibility requirements for membership in the Public
                  Safety Retirement System.
                      (c) (i) The Peace Officer Standards and Training Council may use a subcommittee to provide

- 47 -


                  a recommendation to the council in determining disputes between the retirement office and an
                  employing unit or employee over a position to be covered under this system.
                      (ii) The Peace Officer Standards and Training Council shall comply with Title 63, Chapter
                  46b, Administrative Procedures Act, in conducting adjudicative proceedings.
                      (6) Employees who have performed public safety service and who then transfer or are
                  promoted to administration positions not covered by this system shall continue to earn public safety
                  service credit under this chapter as long as they remain employed in the same department.
                      (7) Unless the Legislature fails to provide funding in the appropriations act for the inclusion
                  of special function officers in the noncontributory system, special function officers shall be eligible
                  for membership in the noncontributory system if approved by the Peace Officers Standards and
                  Training Council
                      (8) (a) The Peace Officer Standards and Training Council, in determining disputes between
                  the retirement office and an employing unit or employee over a position to be covered under this
                  system, shall determine that to be eligible for membership in this system the employee:
                      (i) is required as a duty of employment to serve in a position that may place the employee
                  at risk to life and personal safety; and
                      (ii) is required to complete training as provided in Subsection [77-1a-1 (3), 77-1a-2 (3), or
                  77-1a-4 (3)] 53-10-103 (4), 53-10-104 (3), or 53-10-105 (3).
                      (b) If an employee satisfies the requirements of Subsection (8)(a), the Peace Officer
                  Standards and Training Council shall consider, in determining eligibility for membership in the
                  system, whether the employee:
                      (i) performs duties that consist primarily of actively preventing or detecting crime and
                  enforcing criminal statutes or ordinances of this state or any of its political subdivisions;
                      (ii) performs duties that consist primarily of providing community protection; and
                      (iii) is required to respond to situations involving threats to public safety and make
                  emergency decisions affecting the lives and health of others.
                      (9) If a subcommittee is used to recommend the determination of disputes to the Peace
                  Officer Standards and Training Council, the subcommittee shall comply with the requirements of

- 48 -


                  Subsection (8) in making its recommendation.
                      (10) A final order of the Peace Officer Standards and Training Council regarding a dispute
                  is final agency action for purposes of Title 63, Chapter 46b, Administrative Procedures Act.
                      Section 31. Section 49-8-405 is amended to read:
                       49-8-405. Life insurance benefits for peace officers' beneficiaries.
                      (1) The beneficiary of a peace officer under Title [77] 53, Chapter [1a] 10, Peace Officer
                  Classifications, who is employed by the state and who dies in the line of duty as defined under
                  Subsection (3), shall receive the proceeds of a group term life insurance policy in the amount of
                  $50,000 to be purchased by the division and paid for by the employing unit.
                      (2) Any political subdivision which employs a peace officer under Title [77] 53, Chapter
                  [1a] 10, Peace Officer Classifications, may provide the benefit under Subsection (1).
                      (3) "Line of duty death" means a death resulting from external force or violence occasioned
                  by an act of duty as a peace officer.
                      Section 32. Section 53-1-102 is amended to read:
                       53-1-102. Definitions.
                      (1) As used in this title:
                      (a) "Commissioner" means the commissioner of public safety appointed under Section
                  53-1-107 .
                      (b) "Department" means the Department of Public Safety created in Section 53-1-103 .
                      (c) "Law enforcement agency" means an entity of the federal government, a state, or a
                  political subdivision of a state, including a state institution of higher education, that exists primarily
                  to prevent and detect crime and enforce criminal laws, statutes, and ordinances.
                      (d) "Law enforcement officer" [means any officer certified in accordance with Title 77,
                  Chapter 1a, Peace Officer Designation] has the same meaning as provided in Section 53-10-103 .
                      (e) "Motor vehicle" means every self-propelled vehicle and every vehicle propelled by
                  electric power obtained from overhead trolley wires, but not operated upon rails, except motorized
                  wheel chairs and vehicles moved solely by human power.
                      (f) "Peace officer" [has the same meaning as provided in Section 77-1a-1 ] means any officer

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                  certified in accordance with Title 53, Chapter 10, Peace Officer Classifications.
                      (g) "State institution of higher education" has the same meaning as provided in Section
                  53B-3-102 .
                      (h) "Vehicle" means every device in, upon, or by which any person or property is or may
                  be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails
                  or tracks.
                      (2) The definitions provided in Subsection (1) are to be applied throughout this title in
                  addition to definitions that are applicable to specific chapters or parts.
                      Section 33. Section 53-1-109 is amended to read:
                       53-1-109. Security for capitol complex -- Traffic and parking rules enforcement for
                  division -- Security personnel as law enforcement officers.
                      (1) The commissioner, in cooperation with the director of the Division of Facilities
                  Construction and Management, shall:
                      (a) provide for the security of grounds and buildings of the capitol complex; and
                      (b) enforce traffic provisions under Title 41, Chapter 6, Traffic Rules and Regulations, and
                  parking rules, as adopted by the Division of Facilities Construction and Management, for all grounds
                  and buildings under the jurisdiction of the Division of Facilities Construction and Management.
                      (2) Security personnel required in Subsection (1), shall be [peace] law enforcement officers
                  as defined in Section [ 77-1a-1 ] 53-10-103 .
                      (3) Security personnel who were actively employed and had five or more years of active
                  service with Protective Services within the Utah Highway Patrol Division as special function
                  officers, as defined in Section [ 77-1a-4 ] 53-10-105 , on June 29, 1996, shall become [peace] law
                  enforcement officers:
                      (a) without a requirement of any additional training or examinations if they have completed
                  the entire [peace] law enforcement officer training of the Peace Officers Standards and Training
                  Division; or
                      (b) upon completing only the academic portion of the [peace] law enforcement officer
                  training of the Peace Officers Standards and Training Division.

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                      (4) An officer in a supervisory position with Protective Services within the Utah Highway
                  Patrol Division shall be allowed to transfer the job title that the officer held on April 28, 1996, into
                  a comparable supervisory position of employment as a peace officer for as long as the officer
                  remains with Protective Services within the Utah Highway Patrol Division.
                      Section 34. Section 53-3-417 is amended to read:
                       53-3-417. Measurable alcohol amount consumed -- Penalty -- Refusal to take test for
                  alcohol.
                      (1) A person who holds or is required to hold a CDL may not drive a commercial motor
                  vehicle while there is any measurable or detectable alcohol in his body.
                      (2) The division, a port-of-entry agent, or a [law enforcement] peace officer shall place a
                  person out-of-service for 24 consecutive hours who:
                      (a) violates Subsection (1); or
                      (b) refuses a request to submit to a test to determine the alcohol concentration of his blood,
                  breath, or urine.
                      Section 35. Section 53-3-702 is amended to read:
                       53-3-702. Definitions.
                      As used in this part:
                      (1) "Citation" means a summons, ticket, or other official document issued by a [law
                  enforcement] peace officer for a traffic violation, containing an order that requires the motorist to
                  respond.
                      (2) "Collateral" means cash or other security deposited to secure an appearance for trial,
                  following the issuance by a [law enforcement] peace officer of a citation for a traffic violation.
                      (3) "Court" means a court of law or traffic tribunal.
                      (4) "Driver license" means a license or privilege to operate a motor vehicle issued under the
                  laws of the home jurisdiction.
                      (5) "Home jurisdiction" means the jurisdiction that issued the driver's license of the traffic
                  violator.
                      (6) "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to

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                  the motorist.
                      (7) "Jurisdiction" means a state, territory, or possession of the United States, the District of
                  Columbia, or the Commonwealth of Puerto Rico.
                      (8) "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than
                  the home jurisdiction.
                      (9) "Personal recognizance" means an agreement by a motorist made at the time of issuance
                  of the traffic citation that he will comply with the terms of that traffic citation.
                      (10) "Terms of the citation" means those options expressly stated upon the citation.
                      Section 36. Section 53-5-207 is amended to read:
                       53-5-207. Collection of information.
                      The commissioner and persons designated by him may require all [law enforcement] peace
                  officers, the warden of the state prison, the keeper of any jail or correctional institution, or
                  superintendent of the state hospital to obtain information that will aid in establishing the records
                  required to be kept.
                      Section 37. Section 53-6-203 is amended to read:
                       53-6-203. Applicants for admission to training programs or for certification
                  examination -- Requirements.
                      (1) Before being accepted for admission to the training programs conducted by a certified
                  academy, and before being allowed to take a certification examination, each applicant for admission
                  or certification examination shall meet the following requirements:
                      (a) be a United States citizen;
                      (b) be at least 21 years old at the time of appointment as a peace officer;
                      (c) be a high school graduate or furnish evidence of successful completion of an examination
                  indicating an equivalent achievement;
                      (d) have not been convicted of a crime for which the applicant could have been punished by
                  imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;
                      (e) have demonstrated good moral character, as determined by a background investigation;
                  and

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                      (f) be free of any physical, emotional, or mental condition that might adversely affect the
                  performance of his duty as a peace officer.
                      (2) (a) An application for admission to a training program shall be accompanied by a
                  criminal history background check of local, state, and national criminal history files and a
                  background investigation.
                      (b) The costs of the background check and investigation shall be borne by the applicant or
                  the applicant's employing agency.
                      (i) Conviction of any offense not serious enough to be covered under Subsection (1)(d),
                  involving dishonesty, unlawful sexual conduct, physical violence, or the unlawful use, sale, or
                  possession for sale of a controlled substance is an indication that an applicant may not be of good
                  moral character and may be grounds for denial of admission to a training program or refusal to take
                  a certification examination.
                      (ii) An applicant may be admitted to a training program provisionally, pending completion
                  of any background check or investigation required by this subsection.
                      (3) (a) Notwithstanding any expungement statute or rule of any other jurisdiction, any
                  conviction obtained in this state or other jurisdiction, including a conviction that has been expunged,
                  dismissed, or treated in a similar manner to either of these procedures, may be considered for
                  purposes of this section.
                      (b) This provision applies to convictions entered both before and after the effective date of
                  this section.
                      (4) Any background check or background investigation performed pursuant to the
                  requirements of this section shall be to determine eligibility for admission to training programs or
                  qualification for certification examinations and may not be used as a replacement for any background
                  investigations that may be required of an employing agency.
                      Section 38. Section 53-6-211 is amended to read:
                       53-6-211. Revocation, suspension, or refusal of certification -- Hearings -- Grounds --
                  Notice to employer -- Reporting.
                      (1) (a) The director may, upon the concurrence of the majority of the council, revoke, refuse,

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                  or suspend certification of a peace officer for cause.
                      (b) 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).

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                      (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
                  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.
                      (7) The chief, sheriff, or administrative officer of a law enforcement agency is required to
                  report to Peace Officer Standards and Training all conduct of employees who are peace officers, as
                  provided in Subsection (1)(d) above.
                      Section 39. Section 53-6-212 is amended to read:
                       53-6-212. Responsibility for training -- Certification.
                      (1) The division is not responsible for providing basic or in-service training for peace
                  officers defined and designated in Sections [ 77-1a-2 ] 53-10-103 through [ 77-1a-5 ] 53-10-105 except
                  for approval of the instructors and content of training where required by this chapter, Title [77] 53,
                  Chapter [1a] 10, Peace Officer [Designation] Classifications, or division rules.
                      (2) Where this chapter or Title [77] 53, Chapter [1a] 10, Peace Officer [Designation]
                  Classifications, requires an agency head to certify that a member has completed required training,

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                  the division shall rely on the certification, as provided, to be accurate.
                      Section 40. Section 53-7-105 is amended to read:
                       53-7-105. State fire marshal, deputies, and investigators -- Status of law enforcement
                  officers -- Inclusion in Public Safety Retirement -- Training.
                      (1) The state fire marshal, his deputies, and investigators, for the purpose of enforcing and
                  investigating violations of fire related statutes and ordinances, have the status of [peace] law
                  enforcement officers.
                      (2) Inclusion under Title 49, Chapter 4, Public Safety Retirement Act, or Title 49, Chapter
                  4a, Public Safety Noncontributory Retirement Act, is not authorized by Subsection (1) except as
                  provided in those chapters.
                      (3) The commissioner, with the concurrence of the Peace Officer Standards and Training
                  Advisory Board may require peace officer standards and training for the state fire marshal, his
                  deputies, and investigators.
                      Section 41. Section 53-9-118 is amended to read:
                       53-9-118. Grounds for disciplinary action -- Types of action.
                      (1) The following constitute grounds for which disciplinary action may be taken against a
                  licensee, associate, registrant, apprentice, or employee of the licensee engaged in activities regulated
                  under this chapter:
                      (a) fraud or willful misrepresentation in applying for an original license or registration
                  renewal of an existing license or registration;
                      (b) using any letterhead, advertising or other printed matter in any manner representing that
                  he is an instrumentality of the federal government, a state, or any political subdivision of a state;
                      (c) using a name different from that under which he is currently licensed for any advertising,
                  solicitation, or contract to secure business unless the name is an authorized fictitious name;
                      (d) impersonating, permitting, or aiding and abetting an employee or registrant to
                  impersonate a [law enforcement] peace officer or employee of the United States, any state, or a
                  political subdivision of a state;
                      (e) knowingly violating, advising, encouraging, or assisting the violation of any statute, court

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                  order, or injunction in the course of a business regulated under this chapter;
                      (f) falsifying fingerprints or photographs while operating under this chapter;
                      (g) conviction of a felony;
                      (h) conviction of any act involving illegally using, carrying, or possessing a dangerous
                  weapon;
                      (i) conviction of any act involving moral turpitude;
                      (j) conviction of any act of personal violence or force against any person or conviction of
                  threatening to commit any act of personal violence or force against any person;
                      (k) soliciting business for an attorney in return for compensation;
                      (l) conviction of any act constituting dishonesty or fraud;
                      (m) being placed on probation, parole, or named in an outstanding arrest warrant;
                      (n) committing, or permitting any associate, registrant, or employee to commit any act
                  during the period between the expiration of a license or registration for failure to renew within the
                  time fixed by this chapter, and the reinstatement of the license or registration, that would be cause
                  for the suspension or revocation of the license or registration or grounds for denial of the application
                  for the license or registration;
                      (o) willfully neglecting to render to a client services or a report as agreed between the parties
                  and for which compensation has been paid or tendered in accordance with the agreement of the
                  parties. However, if the investigator chooses to withdraw from the case and returns the funds for
                  work not yet done, no violation of this section exists;
                      (p) the unauthorized release of information acquired on behalf of a client by a licensee,
                  associate, or registrant as a result of activities regulated under this chapter;
                      (q) failing or refusing to cooperate with or refusing access to an authorized representative
                  of the department engaged in an official investigation pursuant to this chapter;
                      (r) employing or contracting with any unregistered or improperly registered person or
                  unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter
                  if the licensure or registration status was known or could have been ascertained by reasonable
                  inquiry;

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                      (s) permitting, authorizing, aiding, or in any way assisting a registered employee to conduct
                  services as described in this chapter on an independent contractor basis and not under the authority
                  of the licensed agency;
                      (t) failure to maintain in full force and effect workers' compensation insurance, if applicable;
                      (u) conducting private investigation services regulated by this chapter on a revoked or
                  suspended license or registration;
                      (v) accepting employment, contracting, or in any way engaging in employment that has an
                  adverse impact on investigations being conducted on behalf of clients;
                      (w) advertising in a false, deceptive, or misleading manner;
                      (x) refusing to display the identification card issued by the department to any person having
                  reasonable cause to verify the validity of the license or registration; or
                      (y) committing any act of unprofessional conduct.
                      (2) On completion of an investigation, the board may:
                      (a) dismiss the case;
                      (b) take emergency action;
                      (c) issue a letter of concern, if applicable;
                      (d) impose a fine not to exceed $500; or
                      (e) place all records, evidence findings, and conclusions and any other information pertinent
                  to the investigation in the confidential and protected records section of the file maintained at the
                  department.
                      (3) A letter of concern is a document that is retained and may be used in future disciplinary
                  actions against a licensee.
                      (4) If the board finds, based on its investigation, that the public health, safety, or welfare
                  requires emergency action, the board may order a summary suspension of a license or registration
                  pending proceedings for revocation or other action. If the board issues this order, the commissioner
                  shall issue to the licensee, registrant, apprentice, or employee a written notice of complaint and
                  formal hearing, setting forth the charges made against the licensee, registrant, apprentice, or
                  employee and their right to a formal hearing before the board within 60 days.

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                      (5) If the board finds, based on the investigation, that a violation of Subsection (1) has
                  occurred, notice will be sent to the licensee, registrant, apprentice, or employee of the results of the
                  hearing by mailing a true copy to the licensee's, registrant's, apprentice's, or employee's last-known
                  address in the department's files by certified mail, return receipt requested.
                      (6) Based on information the Private Investigator Hearing Board receives during a hearing
                  it may:
                      (a) dismiss the complaint if the board believes it is without merit;
                      (b) fix a period and terms of probation best adapted to educate the licensee, registrant,
                  apprentice, or employee;
                      (c) place the license or registration on suspension for a period of not more than 12 months;
                      (d) revoke the license or registration; or
                      (e) impose a civil fine not to exceed $500.
                      (7) On a finding by the board that a licensee committed a violation of Subsection (1), the
                  probation, suspension, or revocation applies to all licenses, registrations, or employees under the
                  agency license. If a registrant or apprentice committed a violation of Subsection (1), the probation,
                  suspension, or revocation applies only to the license or registrations held by an apprentice registrant
                  or registrant under this chapter.
                      (8) Appeal of the board's decision shall be made in writing to the commissioner within 15
                  days of the board's decision. The commissioner shall review the finding by the board and may
                  affirm, return to the board for reconsideration, reverse, adopt, modify, supplement, amend, or reject
                  the recommendation of the board.
                      (9) A person may appeal the commissioner's decision to the district court pursuant to Section
                  63-46b-15 .
                      (10) All fines collected under this section shall be deposited in the General Fund.
                      Section 42. Section 53-10-101 is enacted to read:
                 
CHAPTER 10. PEACE OFFICER CLASSIFICATIONS

                      53-10-101. Definitions.
                      As used in this chapter:

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                      (1) "Certified" means recognized and accepted by the division as having successfully met
                  and maintained the standards and training requirements set and approved by the director of the
                  division with the advice and consent of the council.
                      (2) "Collateral duty" means a duty to corroborate and support a peace officer function that
                  is secondary and supplemental to the primary duty of the position.
                      (3) "Council" means the Peace Officer Standards and Training Council created in Section
                  53-6-106 .
                      (4) "Director" means the director of the Peace Officer Standards and Training Division
                  appointed under Section 53-6-104 .
                      (5) "Division" means the Peace Officer Standards and Training Division created in Section
                  53-6-103 .
                      (6) "Local law enforcement agency" means a law enforcement agency of any political
                  subdivision of the state.
                      (7) "Primary duties" means those duties which come first in degree of effort and importance.
                      (8) "Principal duties" means those duties which are the highest and foremost in
                  responsibility.
                      (9) "Spectrum" means that which encompasses the scope of authority. " Full spectrum"
                  encompasses total 24-hour authority; while anything less than full authority is contained or restricted
                  within certain limits as set forth by statute, ordinance, policy, or rule.
                      (10) "Sworn" means having taken the oath of office set forth in Utah Constitution Article
                  IV, Section 10, administered by the law enforcement agency for whom a peace officer works.
                      (11) "Volunteer" means an officer who donates service without pay or other compensation
                  except expenses actually and reasonably incurred as approved by the supervising agency.
                      (12) (a) "While on duty" means while an officer is actually performing the job duties and
                  work activities assigned by the employing agency and for which the officer is trained and certified,
                  and may include time spent outside those duties and activities if that additional time involves an
                  activity that is an integral and necessary part of the job, and is spent for the benefit, and under the
                  direction of, the employing agency.

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                      (b) "While on duty" does not include the time an officer spends commuting between the
                  officer's home and place of employment unless that time involves an activity in Subsection (12)(a).
                      Section 43. Section 53-10-102 , which is renumbered from Section 77-1a-1.5 is renumbered
                  and amended to read:
                       [77-1a-1.5].     53-10-102. Peace officer classifications.
                      The following officers may exercise peace officer authority only as specifically authorized
                  by law:
                      (1) [reserve and auxiliary] law enforcement officers;
                      (2) [special function] correctional officers;
                      (3) [federal police] special function officers; and
                      (4) [correctional] federal officers.
                      Section 44. Section 53-10-103 , which is renumbered from Section 77-1a-1 is renumbered
                  and amended to read:
                       [77-1a-1].     53-10-103. Law enforcement officer.
                      (1) (a) "[Peace] Law enforcement officer" means [any employee] a sworn and certified peace
                  officer who is an employee of a law enforcement agency that is part of or administered by the state
                  or any of its political subdivisions, and whose primary and principal 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] Law enforcement officer" specifically includes the following:
                      (i) any sheriff or deputy sheriff, chief of police, 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 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

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                  attorneys;
                      (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
                  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 Officer Standards and Training Division]
                  division;
                      (x) correctional enforcement, investigative, or adult probation and parole officers employed
                  by the Department of Corrections serving on or before July 1, 1993; [and]
                      (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[.]; and
                      (xii) airport police officers of any airport owned or operated by the state or any of its
                  political subdivisions.
                      (2) Law enforcement officers may serve criminal process and arrest and prosecute violators
                  of any law of this state and have the right to require aid in executing their lawful duties.
                      [(2) Peace officers have] (3) (a) A law enforcement officer has statewide full-spectrum
                  peace officer authority, but the authority extends to other counties, cities, or towns only when [they
                  are] the officer is acting under Title 77, Chapter 9, Uniform Act on Fresh Pursuit[. This limitation
                  does not apply to any peace], unless the law enforcement officer is employed by the state.
                      (b) (i) A local law enforcement agency may limit the jurisdiction in which its law
                  enforcement officers may exercise their peace officer authority to a certain geographic area.
                      (ii) Notwithstanding Subsection (b)(i), a law enforcement officer may exercise his authority
                  outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act on Fresh
                  Pursuit, if the officer is pursuing an offender for an offense that occurred within the limited
                  geographic area.
                      (c) The authority of [peace] law enforcement officers employed by the Department of

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                  Corrections is regulated by Title 64, Chapter 13, Department of Corrections -- State Prison.
                      [(3) (a)] (4) A [peace] law enforcement officer shall, prior to exercising peace officer
                  authority, satisfactorily complete:
                      (a) the basic course at a certified [peace] law enforcement officer training academy or pass
                  a certification examination as provided in Section 53-6-206 , and be certified[.]; and
                      (b) [In addition, a peace law enforcement 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] division, with the advice and consent of the [Peace Officer
                  Standards and Training Council] council.
                      Section 45. Section 53-10-104 , which is renumbered from Section 77-1a-2 is renumbered
                  and amended to read:
                       [77-1a-2].     53-10-104. 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

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                  and Training Division.
                      (2) (a) Correctional officers have peace officer authority only while [engaged in the
                  performance of their duties] on duty. 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] an adult 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] the
                  division.
                      (b) An individual may not exercise the authority of a county correctional officer until:
                      (i) the individual has satisfactorily completed a basic training program for correctional
                  officers and any other specialized training required by the local law enforcement agency; and
                      (ii) the chief administrator of the local law enforcement agency has certified the completion
                  of training to the director of the division.
                      [(b)] (4) (a) The Department of Corrections of the state [or the employing agency,] shall
                  establish and maintain a [corrections] correctional officer basic course and in-service training
                  programs as approved by the director of [Peace Officer Standards and Training,] the division with
                  the advice and consent of the [Council on Peace Officer Standards and Training] council.
                      (b) The in-service training shall:
                      (i) consist of no fewer than 40 hours per year[,]; and [shall]
                      (ii) 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, 1998.]
                      (5) The local law enforcement agencies may establish correctional officer basic, advanced,

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                  or in-service training programs as approved by the director of the division with the advice and
                  consent of the council.
                      Section 46. Section 53-10-105 , which is renumbered from Section 77-1a-4 is renumbered
                  and amended to read:
                       [77-1a-4].     53-10-105. Special function officer.
                      (1) (a) "Special function [officers] officer" means [persons] a sworn and certified peace
                  officer performing specialized investigations, service of legal process, [or] security functions, or
                  specialized ordinance, rule, or regulatory functions.
                      (b) "Special function [officers" include] officer" includes:
                      (i) state military police[,];
                      (ii) constables[,];
                      (iii) port-of-entry agents as defined in Section 27-12-2 [,];
                      (iv) 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[,];
                      (v) school district security officers[,];
                      (vi) Utah State Hospital security officers designated pursuant to Section 62A-12-203 [,];
                      (vii) Utah State Developmental Center security officers designated pursuant to Subsection
                  62A-5-206 (9)[,];
                      (viii) 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)] (ix) ordinance enforcement officers employed by municipalities or counties may be
                  special function officers[.];
                      [(d)] (x) 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[.];
                      (xi) railroad special agents deputized by a county sheriff under Section 17-30-2 , or appointed
                  pursuant to Section 56-1-21.5 ; and

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                      (xii) all other persons designated by statute as having special function officer authority or
                  limited peace officer authority.
                      (2) (a) [Special] A special function [officers have] officer may exercise that spectrum of
                  peace officer authority that has been designated by statute to the employing agency, and only while
                  [engaged in the duties of their employment] on duty, and not for the purpose of general law
                  enforcement.
                      (b) If the special function 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] A special function [officers] officer may carry firearms only while on duty, and
                  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:
                      (i) the officer has satisfactorily completed an approved basic training program for special
                  function officers as provided under Subsection [(b)] (4); and
                      (ii) the chief law enforcement officer or administrator has certified this fact to the director
                  of the [Peace Officer Standards and Training Division] division.
                      (b) City and county constables and their deputies shall certify their completion of training
                  to the legislative governing body of the city or county they serve.
                      [(b)] (4) (a) The agency that the special function officer serves [shall] may 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] division with the advice and consent of the
                  [Peace Officer Standards and Training Council] council.

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                      (b) The in-service training shall consist of no fewer than 40 hours per year and [shall] may
                  be conducted by the agency's own staff or other agencies.
                      Section 47. Section 53-10-106 , which is renumbered from Section 77-1a-5 is renumbered
                  and amended to read:
                       [77-1a-5].     53-10-106. Federal officers -- State law enforcement authority.
                      (1) (a) "Federal [peace officers" include] officer" includes:
                      (i) a special [agents] agent of the Federal Bureau of Investigation;
                      (ii) a special [agents] agent of the United States Secret Service;
                      (iii) a special [agents] agent of the United States Customs Service, excluding [customs
                  inspectors] a customs inspector;
                      (iv) a special [agents] agent of the Bureau of Alcohol, Tobacco[,] and Firearms;
                      (v) a special [agents] agent of the Federal Drug Enforcement Agency; and
                      (vi) a United States [marshals] marshal, deputy [marshals] marshal, and special deputy
                  United States [marshals] marshal.
                      (b) Notwithstanding Subsection (2), federal officers listed in Subsection (1)(a) have
                  statewide law enforcement authority relating to felony offenses under the laws of this state.
                      [(b)] (c) The [Council on Peace Officer Standards and Training] council may designate other
                  federal peace officers, as necessary, if the officers:
                      (i) are persons employed full-time by the United States government as federally recognized
                  law enforcement officers primarily responsible for the investigation and enforcement of the federal
                  laws;
                      (ii) have successfully completed formal law enforcement training offered by an agency of
                  the federal government consisting of not less than 400 hours; and
                      (iii) maintain in-service training in accordance with the standards [of the employing federal
                  agency] set forth in Section 53-10-103 .
                      (2) [Federal peace officers have statewide peace officer authority relating to felony offenses
                  under the laws of this state.] Except as otherwise provided under Title 63, Chapter 8, Federal
                  Jurisdiction, and Title 77, Chapter 9, Uniform Act on Fresh Pursuit, a federal officer may exercise

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                  state law enforcement authority only if:
                      [(3) Federal peace officers may have statewide peace officer authority relating to
                  misdemeanor offenses only if:]
                      [(a) the state law enforcement agency with jurisdiction over the misdemeanor signs a
                  contract with the federal agency to be given misdemeanor authority; and]
                      [(b) each federal peace officer employed by the federal agency completes a course on the
                  state statutes approved by the Council on Peace Officer Standards and Training.]
                      (a) the state law enforcement agencies and county sheriffs with jurisdiction enter into an
                  agreement with the federal agency to be given authority; and
                      (b) except as provided in Subsection (3) of this section, each federal officer employed by the
                  federal agency meets the waiver requirements set forth in Section 53-6-206 .
                      (3) A federal officer working as such in the state on or before July 1, 1995, may exercise
                  state law enforcement authority without meeting the waiver requirement.
                      (4) At any time, consistent with any contract with a federal agency, a state or local law
                  enforcement authority may withdraw state law enforcement authority from any individual federal
                  officer by sending written notice to the federal agency and to the division.
                      (5) The authority of a federal officer under this section is limited to the jurisdiction of the
                  authorizing state or local agency, and may be further limited by the state or local agency to enforcing
                  specific statutes, codes, or ordinances.
                      Section 48. Section 53-10-107 , which is renumbered from Section 77-1a-6 is renumbered
                  and amended to read:
                       [77-1a-6].     53-10-107. Basic training requirements for position -- Peace officers
                  temporarily in the state.
                      (1) (a) [All persons] Any person who [have] has satisfactorily completed, before the
                  effective date of this chapter, an approved basic training program required of [their positions] the
                  person's position may act in a certified capacity without completion of an additional basic training
                  program.
                      (b) Any person hired, appointed, or elected to any position designated in this chapter, except

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                  federal officer, shall satisfactorily complete the required basic training required of that position
                  before the person is authorized to exercise peace officer powers under this chapter.
                      (2) Any peace officer employed by a law enforcement agency of another state and
                  functioning in that capacity within Utah on a temporary basis is considered certified under Utah law:
                      (a) while functioning as a peace officer within the state at the request of a Utah law
                  enforcement agency; or
                      (b) when conducting business as a representative of a law enforcement agency from another
                  state.
                      Section 49. Section 53-10-108 , which is renumbered from Section 77-1a-8 is renumbered
                  and amended to read:
                       [77-1a-8].     53-10-108. Retirement.
                      Eligibility for coverage under the Public Safety Retirement System or Public Safety
                  Noncontributory Retirement System for persons and political subdivisions included in this chapter
                  is governed by Title 49, [Chapters] Chapter 4, Public Safety Retirement Act, and Chapter 4a, Public
                  Safety Noncontributory Retirement Act.
                      Section 50. Section 53-10-109 , which is renumbered from Section 77-1a-9 is renumbered
                  and amended to read:
                       [77-1a-9].     53-10-109. References in other provisions.
                      When the term peace officer[, or any category of peace officer,] is used in any other provision
                  of law, the term includes anyone authorized to exercise authority as provided in this chapter, except
                  federal officers.
                      Section 51. Section 53-10-110 , which is renumbered from Section 77-1a-10 is renumbered
                  and amended to read:
                       [77-1a-10].     53-10-110. Duties to investigate specified instances of abuse or neglect.
                      In accordance with the requirements of Section 62A-4a-202.5 , [peace] law enforcement
                  officers shall investigate alleged instances of abuse or neglect of a child that occur while the child
                  is in the custody of the Division of Child and Family Services, within the Department of Human
                  Services.

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                      Section 52. Section 53-10-111 is enacted to read:
                      53-10-111. Peace officers serving in a reserve capacity.
                      (1) (a) Nothing in this chapter shall preclude any law enforcement agency of the state or any
                  of its political subdivisions from utilizing a sworn and certified peace officer in a reserve capacity.
                      (b) The peace officer has peace officer authority only while engaged in the peace officer
                  activities authorized by the chief or administrator of the agency the officer serves and shall only
                  exercise that spectrum of peace officer authority:
                      (i) that the supervising agency is empowered to delegate; and
                      (ii) for which the officer has been trained and certified.
                      (2) While serving as a nonpaid volunteer in a reserve capacity, or working part-time for
                  fewer hours than that which would qualify the officer as an "employee" under state or federal law,
                  a peace officer is entitled to benefits in accordance with Title 67, Chapter 20, Volunteer Government
                  Workers Act.
                      (3) The agency the reserve officer serves shall ensure that the officer meets the basic and
                  in-service training requirements of the peace officer classification in which the officer will function.
                      Section 53. Section 53A-13-106 is amended to read:
                       53A-13-106. Instruction in firearm safety -- Purpose -- School districts to implement
                  volunteer education classes -- Parental consent exception.
                      (1) (a) School districts may permit the use of certified volunteers or school district teachers
                  for instruction of firearm safety education classes for pupils enrolled in grades Kindergarten to 8,
                  inclusive.
                      (b) The firearm safety education class may be taught:
                      (i) during one year to pupils in grades K-4;
                      (ii) during one year to pupils in grades 5-8; and
                      (iii) no more than four times during that one-year period.
                      (c) The certified volunteers or school district teachers instructing the firearm safety
                  education class are encouraged to utilize donated materials prepared by firearms training and
                  education organizations or to develop their own materials within existing budgets.

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                      (2) The purpose of firearm safety education is to develop the knowledge, habits, skills, and
                  attitudes necessary for the safe handling of firearms.
                      (3) As used in this chapter, "firearm" means any firearm as defined in Section 76-10-501 .
                      (4) The State Board of Education shall make rules promulgated pursuant to Title 63, Chapter
                  46a, Utah Administrative Rulemaking Act, for:
                      (a) use of certified volunteers for instruction of firearm safety education classes in the public
                  schools;
                      (b) use of public school classrooms or auditoriums for these classes;
                      (c) school district review of donated materials before their use; and
                      (d) proof of certification as a firearm safety instructor.
                      (5) (a) Every pupil may be required by the local school board to participate in a firearm
                  safety education class which may be offered within the public schools.
                      (b) A pupil may be exempted from participation upon notification to the local school by the
                  pupil's parent or legal guardian that the parent or legal guardian wants the pupil exempted from the
                  class in its entirety or any portion specified.
                      (6) If a pupil is exempted under Subsection (5) from the firearm safety education class, the
                  school district may provide other activities during the period of time in which the pupil would
                  otherwise be participating in the program.
                      (7) The school districts may permit the Division of Wildlife Resources, local law
                  enforcement agencies, peace officers as defined in [Section 77-1a-1 ] Title 53, Chapter 10, Peace
                  Officer Classifications, certified instructors, certified hunter education instructors, and other certified
                  firearms safety instructors, as provided by rules of the State Board of Education promulgated under
                  Subsection (4)(a) to teach the firearm safety education class on a voluntary basis.
                      (8) The school district is encouraged to maximize the use of existing firearm safety
                  educational materials which are available at minimal or no cost and the use of certified volunteer
                  instructors.
                      (9) The school district may review the class on a regular basis for its effectiveness.
                      Section 54. Section 53B-8c-102 is amended to read:

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                       53B-8c-102. Definitions.
                      As used in this chapter:
                      (1) "Child" means an individual who:
                      (a) is a natural or adopted child of a deceased [police] peace officer or deceased firefighter;
                  and
                      (b) was under the age of 25 at the time of the [police] peace officer's or firefighter's death.
                      (2) "Department" means the Department of Public Safety.
                      (3) "Killed" means that the [police] peace officer's or firefighter's death is the direct and
                  proximate result of a traumatic injury incurred in the line of duty.
                      (4) "Line of duty" means an action that a [police] peace officer or firefighter is obligated or
                  authorized to perform by rule, regulation, condition of employment or service, or law, including a
                  social, ceremonial, or athletic function that the [police] peace officer or firefighter is assigned to or
                  compensated for by the public agency being served.
                      (5) "Occupational disease" means a disease that routinely constitutes a special hazard in, or
                  is commonly regarded as concomitant of, the [police] peace officer's or firefighter's occupation.
                      (6) "State institution of higher education" means those institutions designated in Section
                  53B-1-102 .
                      (7) "Traumatic injury" means a wound or the condition of the body caused by external force,
                  including an injury inflicted by bullet, explosive, sharp instrument, blunt object, or other physical
                  blow, fire, smoke, chemical, electricity, climatic condition, infectious disease, radiation, or bacteria,
                  but excluding an occupational disease.
                      (8) "Tuition" means tuition at the rate charged for residents of the state.
                      (9) (a) "Utah firefighter" or "firefighter" means a member, including volunteer members and
                  members paid on call, of a fire department or other organization that provides fire suppression and
                  other fire-related services, of a political subdivision who is responsible for or is in a capacity that
                  includes responsibility for the extinguishment of fires. [It]
                      (b) "Utah firefighter" or "firefighter" does not include a person whose job description, duties,
                  or responsibilities do not include direct involvement in fire suppression.

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                      (10) "Utah [police] peace officer" or "[police] peace officer" means an 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.
                      Section 55. Section 53B-8c-103 is amended to read:
                       53B-8c-103. Tuition waivers for surviving spouses and children of police officers and
                  firefighters killed in the line of duty -- Qualifications -- Limitations.
                      (1) Beginning in the 1997-98 academic year, and subject to the limitations in Subsections
                  (2), (3), and (4) of this section, a state institution of higher education shall waive tuition for each
                  child and surviving spouse of a Utah [police] peace officer or Utah firefighter who has been killed
                  or is killed in the line of duty if the individual meets the following requirements:
                      (a) applies, qualifies, and is admitted as a full-time, part-time, or summer school student in
                  a program of study leading to a degree or certificate;
                      (b) is a resident student of the state as determined under Section 53B-8-102 ;
                      (c) applies to the department for a waiver of tuition under this chapter and provides evidence
                  satisfactory to the department that:
                      (i) the applicant is the surviving spouse or child of a [police] peace officer or firefighter who
                  was killed in the line of duty;
                      (ii) the course or courses for which the applicant is seeking a tuition waiver meet the
                  requirements of Subsection (2); and
                      (iii) the applicant meets the other requirements of this section;
                      (d) for a child of a [police] peace officer or firefighter killed in the line of duty, applies under
                  Subsection (1)(c) for the first time before the age of 25;
                      (e) is certified by the financial aid officer at the higher education institution as needing the
                  tuition waiver in order to meet recognized educational expenses, with the understanding that if the
                  applicant's family income, excluding any income from death benefits attributable to the [police]
                  peace officer's or firefighter's death, is below 400% of the poverty level under federal poverty
                  guidelines, income from any death benefits accruing to the applicant as a result of the death may not

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                  be counted as family income in determining financial need under this Subsection (1)(e);
                      (f) maintains satisfactory academic progress, as defined by the institution of higher
                  education, for each term or semester in which the individual is enrolled, which may be measured by
                  the definition used for federal student assistance programs under Title IV of the Higher Education
                  Act of 1965; and
                      (g) has not achieved a bachelor's degree and has received tuition reimbursement under this
                  chapter for less than 124 semester credits or 180 quarter credits at an institution of higher education.
                      (2) A child or surviving spouse of a [police] peace officer or firefighter who was killed in
                  the line of duty is eligible for a tuition waiver under this section of not more than nine semesters or
                  the equivalent number of quarters.
                      (3) Tuition shall be waived only to the extent that the tuition is not covered or paid by any
                  scholarship, trust fund, statutory benefit, or any other source of tuition coverage available for a
                  waiver under this chapter.
                      (4) An institution of higher education shall waive tuition under this chapter only for courses
                  that are applicable toward the degree or certificate requirements of the program in which the child
                  or surviving spouse is enrolled.
                      Section 56. Section 56-1-21.5 is amended to read:
                       56-1-21.5. Railroad special agents.
                      (1) (a) A railroad company may appoint one or more persons to be designated by the railroad
                  company as a railroad special agent for the protection of railroad property and the protection of the
                  persons and property of railroad passengers and employees.
                      (b) While engaged in the conduct of employment, each appointed railroad special agent may
                  possess and exercise the powers of a [peace] special function officer.
                      [(b)] (c) The [peace] special function officer authority may be exercised only:
                      (i) in the protection of passengers and employees on or about railroad premises and in the
                  protection of property belonging to passengers, or belonging to or under the control of the railroad
                  employing the special agents[,]; and
                      (ii) in preventing[,] and making arrest for a violation of law upon the premises or in

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                  connection with the property.
                      (2) (a) A person appointed by a railroad company to act as a railroad special agent shall,
                  prior to appointment, meet the [minimum] qualifications established for [peace] special function
                  officers, pursuant to [Title 77, Chapter 1a] Section 53-10-105 , or as otherwise [may be] provided by
                  law.
                      (b) (i) Before the appointee performs any duties as a special agent, the railroad company
                  shall file the name of the appointee with the commissioner of the Department of Public Safety.
                      (ii) If the appointee meets [minimum] qualifications for a [peace] special function officer,
                  the commissioner of the Department of Public Safety shall issue to the special agent a certificate of
                  authority to act as a peace officer, to continue in effect during his employment by the railroad unless
                  revoked by the commissioner for cause.
                      (3) (a) A railroad company appointing a special agent is responsible for any liability arising
                  from the acts or omissions of the special agent within the scope of railroad employment, but is
                  entitled to any defense to liability that may be available to other peace officers.
                      (b) Neither the state nor any of its political subdivisions is liable for any act or omission of
                  a railroad special agent.
                      Section 57. Section 62A-4a-202.5 is amended to read:
                       62A-4a-202.5. Law enforcement investigation of alleged abuse in foster care.
                      A [peace] law enforcement officer, as defined in Section [ 77-1a-1 ] 53-10-103 , shall
                  investigate any report or allegation of abuse or neglect of a child that allegedly occurs while the child
                  is living in substitute care in the protective custody, temporary custody, or custody of the division.
                      Section 58. Section 63-11-17.2 is amended 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] law enforcement
                  officers under Section [ 77-1a-1 ] 53-10-103 , and have all the powers of [peace] law enforcement

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                  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 59. Section 63-25a-402 is amended to read:
                       63-25a-402. Definitions.
                      As used in this chapter:
                      (1) "Accomplice" means a person who has engaged in criminal conduct as defined in Section
                  76-2-202 .
                      (2) "Board" means the Crime Victims' Reparations Board created under Section 63-25a-404 .
                      (3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
                      (4) "Claim" means:
                      (a) the right of a victim to recover reparations; and
                      (b) the formal action taken by a victim to apply for reparations pursuant to Sections
                  63-25a-401 through 63-25a-428 .
                      (5) "Claimant" means any of the following claiming reparations under this chapter:
                      (a) a victim;
                      (b) a dependent of a deceased victim;
                      (c) a representative other than a collateral source; or
                      (d) the person or representative who files a claim on behalf of a victim.
                      (6) "Child" means an unemancipated person who is under 18 years of age.
                      (7) "Collateral source" means the definition as provided in Section 63-25a-413 .
                      (8) "Contested case" means a case which the claimant contests, claiming the award was
                  either inadequate or denied, or which a county attorney, a district attorney, a law enforcement
                  officer, or other individual related to the criminal investigation proffers reasonable evidence of the
                  claimant's lack of cooperation in the prosecution of a case after an award has already been given.
                      (9) "Criminally injurious conduct" other than acts of war declared or not declared means
                  conduct that:
                      (a) is or would be subject to prosecution in this state under Section 76-1-201 ;

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                      (b) occurs or is attempted;
                      (c) causes, or poses a substantial threat of causing, bodily injury or death;
                      (d) is punishable by fine, imprisonment, or death if the person engaging in the conduct
                  possessed the capacity to commit the conduct;
                      (e) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft, or
                  water craft, unless the conduct is intended to cause bodily injury or death, or is conduct which is or
                  would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as any offense
                  chargeable as driving under the influence of alcohol or drugs; or
                      (f) is an act of terrorism, as defined in 18 U.S.C. 2331 committed outside of the United
                  States against a resident of this state. "Terrorism" does not include an "act of war" as defined in 18
                  U.S.C. 2331.
                      (10) "Dependent" means a natural person to whom the victim is wholly or partially legally
                  responsible for care or support and includes a child of the victim born after his death.
                      (11) "Dependent's economic loss" means loss after the victim's death of contributions of
                  things of economic value to his dependent, not including services the dependent would have received
                  from the victim if he had not suffered the fatal injury, less expenses of the dependent avoided by
                  reason of victim's death.
                      (12) "Dependent's replacement services loss" means loss reasonably and necessarily incurred
                  by the dependent after the victim's death in obtaining services in lieu of those the decedent would
                  have performed for his benefit if he had not suffered the fatal injury, less expenses of the dependent
                  avoided by reason of the victim's death and not subtracted in calculating the dependent's economic
                  loss.
                      (13) "Director" means the director of the Reparations Office.
                      (14) "Disposition" means the sentencing or determination of penalty or punishment to be
                  imposed upon a person:
                      (a) convicted of a crime;
                      (b) found delinquent; or
                      (c) against whom a finding of sufficient facts for conviction or finding of delinquency is

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                  made.
                      (15) "Economic loss" means economic detriment consisting only of allowable expense, work
                  loss, replacement services loss, and if injury causes death, dependent's economic loss and
                  dependent's replacement service loss. Noneconomic detriment is not loss, but economic detriment
                  is loss although caused by pain and suffering or physical impairment.
                      (16) "Elderly victim" means a person 60 years of age or older who is a victim.
                      (17) "Fraudulent claim" means a filed claim based on material misrepresentation of fact and
                  intended to deceive the reparations staff for the purpose of obtaining reparation funds for which the
                  claimant is not eligible as provided in Section 63-25a-410 .
                      (18) "Law enforcement officer" means a [peace] law enforcement officer as defined in
                  Section [ 77-1a-1 ] 53-10-103 .
                      (19) "Medical examination" means a physical examination necessary to document criminally
                  injurious conduct but does not include mental health evaluations for the prosecution and
                  investigation of a crime.
                      (20) "Mental health counseling" means outpatient and inpatient counseling necessitated as
                  a result of criminally injurious conduct. The definition of mental health counseling is subject to
                  rules promulgated by the board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
                  Act.
                      (21) "Misconduct" as provided in Subsection 63-25a-412 (1)(b) means conduct by the victim
                  which was attributable to the injury or death of the victim as provided by rules promulgated by the
                  board pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
                      (22) "Noneconomic detriment" means pain, suffering, inconvenience, physical impairment,
                  and other nonpecuniary damage, except as provided in this chapter.
                      (23) "Pecuniary loss" does not include loss attributable to pain and suffering except as
                  otherwise provided in this chapter.
                      (24) "Offender" means a person who has violated the criminal code through criminally
                  injurious conduct regardless of whether he is arrested, prosecuted, or convicted.
                      (25) "Offense" means a violation of the criminal code.

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                      (26) "Perpetrator" means the person who actually participated in the criminally injurious
                  conduct.
                      (27) "Personal property" has the same definition as provided in Section 68-3-12 .
                      (28) "Reparations Office" means the office of the reparations staff for the purpose of
                  carrying out this chapter.
                      (29) "Reparations officer" means a person employed by the Reparations Office to investigate
                  claims of victims and award reparations under this chapter, and includes the director when he is
                  acting as a reparations officer.
                      (30) "Reparations staff" means the director, the reparations officers, and any other staff
                  employed to administer the Crime Victims' Reparations Act.
                      (31) "Replacement service loss" means expenses reasonably and necessarily incurred in
                  obtaining ordinary and necessary services in lieu of those the injured person would have performed,
                  not for income but the benefit of himself or his dependents if he had not been injured.
                      (32) "Representative" means the victim, immediate family member, legal guardian, attorney,
                  conservator, executor, or an heir of a person but does not include service providers.
                      (33) "Restitution" means money or services an appropriate authority orders an offender to
                  pay or render to a victim of the offender's conduct.
                      (34) "Secondary victim" means a person who witnesses or is traumatically affected by the
                  criminally injurious conduct subject to rules promulgated by the board pursuant to Title 63, Chapter
                  46a, Utah Administrative Rulemaking Act.
                      (35) "Service provider" means a person or agency who provides a service to crime victims
                  for a monetary fee except attorneys as provided in Section 63-25a-424 .
                      (36) "Trust fund" means the Crime Victim Reparation Trust Fund under Title 63, Chapter
                  63a.
                      (37) (a) "Victim" means a person who suffers bodily or psychological injury or death as a
                  direct result of criminally injurious conduct or of the production of pornography in violation of
                  Sections 76-5a-1 through 76-5a-4 if the person is a minor.
                      (b) "Victim" does not include a person who participated in or observed the judicial

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                  proceedings against an offender unless otherwise provided by statute or rule.
                      (c) "Victim" includes:
                      (i) a person who suffers bodily injury or psychological injury as a direct result of being
                  within the zone of danger of the criminally injurious conduct; and
                      (ii) a resident of this state who is injured or killed by an act of terrorism, as defined in 18
                  U.S.C. 2331, committed outside of the United States.
                      (38) "Work loss" means loss of income from work the injured victim would have performed
                  if he had not been injured and expenses reasonably incurred by him in obtaining services in lieu of
                  those he would have performed for income, reduced by any income from substitute work he was
                  capable of performing but unreasonably failed to undertake.
                      (39) "Zone of danger" means:
                      (a) the person was located near the scene of the criminally injurious conduct;
                      (b) the bodily injury, emotional trauma, or psychological injury to the person was caused
                  by actually witnessing the criminally injurious conduct, or its results immediately after; and
                      (c) the person was an immediate relative to a victim of the criminally injurious conduct
                  suffering bodily injury in their presence.
                      Section 60. Section 63-34-6 is amended to read:
                       63-34-6. Division directors -- Appointment -- Removal -- Jurisdiction of executive
                  director -- Natural resources planning.
                      (1) (a) The chief administrative officer of each division within the Department of Natural
                  Resources shall be a director appointed by the executive director of the Department of Natural
                  Resources with the concurrence of the board having policy authority for the division.
                      (b) The director of each division may be removed from office by the executive director of
                  the Department of Natural Resources.
                      (c) 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

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                  department policy as established by the division boards.
                      (b) 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.
                      (c) This jurisdiction includes the authority of the executive director to employ [peace] law
                  enforcement officers and special function officers within the Department of Natural Resources.
                  These [peace] law enforcement officers shall have all of the powers of conservation officers provided
                  in Title 23, Fish and Game, and [peace] law enforcement officers, with the exception of the power
                  to serve civil process.
                      (3) (a) The executive director of the Department of Natural Resources, in cooperation with
                  the governmental entities having policymaking authority regarding natural resources, may engage
                  in studies and comprehensive planning for the development and conservation of the state's natural
                  resources.
                      (b) The executive director shall submit any plans to the governor for review and approval.
                      Section 61. Section 64-13-21 is amended to read:
                       64-13-21. Supervision of sentenced offenders placed in community -- Rulemaking --
                  POST certified parole or probation officers and peace officers -- Duties.
                      (1) (a) The department, except as otherwise provided by law, shall supervise sentenced
                  offenders placed in the community on probation by the courts, on parole by the Board of Pardons
                  and Parole, or upon acceptance for supervision under the terms of the Interstate Compact for the
                  Supervision of Parolees and Probationers.
                      (b) Standards for the supervision of offenders shall be established by the department in
                  accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, giving priority, based
                  on available resources, to felony offenders.
                      (2) Employees of the department who are POST certified as law enforcement officers or
                  correctional officers and who are designated as parole and probation officers by the executive
                  director [are peace officers and] have the following duties:

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                      (a) monitoring, investigating, and supervising a parolee's or probationer's compliance with
                  the conditions of the parole or probation agreement;
                      (b) investigating or apprehending any offender who has escaped from the custody of the
                  department or absconded from supervision;
                      (c) providing investigative services for the courts, the department, or the Board of Pardons
                  and Parole; or
                      (d) supervising any offender during transportation.
                      (3) (a) A monthly supervision fee of $30 shall be collected from each offender on probation
                  or parole. The fee may be suspended or waived by the department upon a showing by the offender
                  that imposition would create a substantial hardship or if the offender owes restitution to a victim.
                      (b) The department shall make rules in accordance with Title 63, Chapter 46a, Utah
                  Administrative Rulemaking Act, specifying the criteria for suspension or waiver of the supervision
                  fee and the circumstances under which an offender may request a hearing. In determining whether
                  the imposition of the fee would constitute a substantial hardship, the department shall consider the
                  financial resources of the offender and the burden that the fee would impose, with regard to the
                  offender's other obligations.
                      Section 62. Section 64-13-21.5 is amended to read:
                       64-13-21.5. Powers of correctional officers and POST certified correctional
                  enforcement or investigation officers.
                      (1) Employees of the department who are designated by the executive director as
                  correctional officers may exercise the powers and authority of a peace officer only when needed to
                  properly carry out the following functions:
                      (a) performing the officer's duties within the boundaries of a correctional facility;
                      (b) supervising an offender during transportation;
                      (c) when in fresh pursuit of an offender who has escaped from the custody of the department;
                  or
                      (d) when requested to assist a local, state, or federal law enforcement agency.
                      (2) Employees of the department who are POST certified as law enforcement officers or

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                  correctional officers and who are designated as correctional enforcement or investigation officers
                  [are peace officers and may] have the following duties[,] as specified by the executive director:
                      (a) providing investigative services for the department;
                      (b) conducting criminal investigations and operations in cooperation with state, local, and
                  federal law enforcement agencies; and
                      (c) providing security and enforcement for the department.
                      Section 63. Section 65A-3-3 is amended to read:
                       65A-3-3. Enforcement of laws on state lands -- County attorney or district attorney to
                  prosecute.
                      (1) It is the duty of the division, county sheriffs, their deputies, [police] peace officers, and
                  other law enforcement officers within their jurisdiction to enforce the provisions of this chapter and
                  to investigate and gather evidence that may indicate a violation under this chapter.
                      (2) The county attorney or district attorney as appropriate under Sections 17-18-1 , 17-18-1.5 ,
                  and 17-18-1.7 shall prosecute any criminal violations of this chapter and shall initiate a civil action
                  to recover suppression costs incurred by the county or state for suppression of fire on private land.
                      Section 64. Section 67-19-12.3 is amended to read:
                       67-19-12.3. Law enforcement officer and correctional officer pay plans.
                      The pay plans for [peace] law enforcement officers, as defined under Section [ 77-1a-1 ]
                  53-10-103 , and correctional officers, as defined under Section [ 77-1a-2 ] 53-10-104 , employed by
                  the state shall comply with Section 67-19-12 , except that the market comparability of state salary
                  ranges for [peace] law enforcement officers and correctional officers shall be based on a total
                  compensation survey of salary ranges and benefits of the three largest law enforcement agencies of
                  any political subdivision of the state.
                      Section 65. Section 67-19-39 is amended to read:
                       67-19-39. Exemptions.
                      Peace officers, as defined under [Section 77-1a-1 ] Title 53, Chapter 10, Peace Officer
                  Classifications, acting in their official capacity as peace officers in undercover roles and
                  assignments, are exempt from the provisions of this act.

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                      Section 66. Section 73-18-20 is amended to read:
                       73-18-20. Enforcement of chapter -- Authority to stop and board vessels --
                  Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
                      (1) Any law enforcement officer authorized under Title [77] 53, Chapter [1a] 10, Peace
                  Officer Classifications, may enforce the provisions of this chapter and the rules promulgated under
                  this chapter.
                      (2) Any law enforcement officer authorized under Title [77] 53, Chapter [1a] 10, Peace
                  Officer Classifications, has the authority to stop and board any vessel subject to this chapter, whether
                  the vessel is on water or land. If that officer determines the vessel is overloaded, unseaworthy, or
                  the safety equipment required by this chapter or rules of the board is not on the vessel, that officer
                  may prohibit the launching of the vessel or stop the vessel from operating.
                      (3) An operator who, having received a visual or audible signal from a law enforcement
                  officer authorized under Title [77] 53, Chapter [1a] 10, Peace Officer Classifications, to bring his
                  vessel to a stop, operates his vessel in willful or wanton disregard of the signal so as to interfere with
                  or endanger the operation of any vessel or endanger any person, or who attempts to flee or elude the
                  officer whether by vessel or otherwise is guilty of a class A misdemeanor.
                      (4) Whenever any person is arrested for any violation of the provisions of this chapter or of
                  the rules promulgated under this chapter, the procedure for arrest is the same as outlined in Sections
                  41-6-166 through 41-6-169 .
                      Section 67. Section 76-2-303 is amended to read:
                       76-2-303. Entrapment.
                      (1) It is a defense that the actor was entrapped into committing the offense. Entrapment
                  occurs when a [law enforcement] peace officer or a person directed by or acting in cooperation with
                  the officer induces the commission of an offense in order to obtain evidence of the commission for
                  prosecution by methods creating a substantial risk that the offense would be committed by one not
                  otherwise ready to commit it. Conduct merely affording a person an opportunity to commit an
                  offense does not constitute entrapment.
                      (2) The defense of entrapment shall be unavailable when causing or threatening bodily injury

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                  is an element of the offense charged and the prosecution is based on conduct causing or threatening
                  the injury to a person other than the person perpetrating the entrapment.
                      (3) The defense provided by this section is available even though the actor denies
                  commission of the conduct charged to constitute the offense.
                      (4) Upon written motion of the defendant, the court shall hear evidence on the issue and shall
                  determine as a matter of fact and law whether the defendant was entrapped to commit the offense.
                  Defendant's motion shall be made at least ten days before trial except the court for good cause shown
                  may permit a later filing.
                      (5) Should the court determine that the defendant was entrapped, it shall dismiss the case
                  with prejudice, but if the court determines the defendant was not entrapped, such issue may be
                  presented by the defendant to the jury at trial. Any order by the court dismissing a case based on
                  entrapment shall be appealable by the state.
                      (6) In any hearing before a judge or jury where the defense of entrapment is an issue, past
                  offenses of the defendant shall not be admitted except that in a trial where the defendant testifies he
                  may be asked of his past convictions for felonies and any testimony given by the defendant at a
                  hearing on entrapment may be used to impeach his testimony at trial.
                      Section 68. Section 76-6-601 is amended to read:
                       76-6-601. Definitions.
                      As used in this chapter:
                      (1) "Merchandise" means any personal property displayed, held or offered for sale by a
                  merchant.
                      (2) "Merchant" means an owner or operator of any retail mercantile establishment where
                  merchandise is displayed, held or offered for sale and includes the merchant's employees, servants
                  or agents.
                      (3) "Minor" means any unmarried person under 18 years of age.
                      (4) "Peace officer" has the same meaning as provided in [Section 77-1a-1 ] Title 53, Chapter
                  10, Peace Officer Classifications.
                      (5) "Premises of a retail mercantile establishment" includes, but is not limited to, the retail

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                  mercantile establishment; any common use areas in shopping centers and all parking lots or areas
                  set aside for the benefit of those patrons of the retail mercantile establishment.
                      (6) "Retail mercantile establishment" means any place where merchandise is displayed, held,
                  or offered for sale to the public.
                      (7) "Retail value" means the merchant's stated or advertised price of the merchandise.
                      (8) "Shopping cart" means those push carts of the types which are commonly provided by
                  grocery stores, drug stores, or other mercantile establishments or markets for the use of the public
                  in transporting commodities in stores and markets from the store to a place outside the store.
                      (9) "Under-ring" means to cause the cash register or other sales recording device to reflect
                  less than the retail value of the merchandise.
                      Section 69. Section 76-8-506 is amended to read:
                       76-8-506. Provision of false information to law enforcement officers, government
                  agencies, or specified professionals.
                      A person is guilty of a class B misdemeanor if he:
                      (1) knowingly gives or causes to be given false information to any [law enforcement] peace
                  officer with a purpose of inducing the officer to believe that another has committed an offense; or
                      (2) knowingly gives or causes to be given to any [law enforcement] peace officer, any state
                  or local government agency or personnel, or to any person licensed in this state to practice social
                  work, psychology, or marriage and family therapy, information concerning the commission of an
                  offense, knowing that the offense did not occur or knowing that he has no information relating to the
                  offense or danger.
                      Section 70. Section 76-9-301.6 is amended to read:
                       76-9-301.6. Dog fighting exhibition -- Authority to arrest and take possession of dogs
                  and property.
                      (1) A [sheriff, constable, police officer,] peace officer[, or deputy sheriff designated under
                  Section 76-9-302 ] as defined in Title 53, Chapter 10, Peace Officer Classifications, may enter any
                  place, building, or tenement where an exhibition of dog fighting is occurring, or where preparations
                  are being made for such an exhibition[,] and, without a warrant, arrest all persons present.

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                      (2) (a) Notwithstanding the provisions of Section 76-9-305 , any authorized officer who
                  makes an arrest under Subsection (1) may lawfully take possession of all dogs, paraphernalia,
                  implements, or other property or things used or employed, or to be employed, in an exhibition of dog
                  fighting prohibited by Subsection 76-9-301 (1)(f) or Section 76-9-301.1 .
                      (b) The officer, at the time of [that] the taking of property pursuant to Subsection (2)(a), shall
                  state his name and provide other identifying information to the person in charge of the dogs or
                  property taken.
                      (3) (a) After taking possession of dogs, paraphernalia, implements, or other property or
                  things under Subsection (2), the officer shall file an affidavit with the judge or magistrate before
                  whom a complaint has been made against any person arrested under this section. [That]
                      (b) The affidavit shall include:
                      [(a)] (i) the name of the person charged in the complaint;
                      [(b)] (ii) a description of all property taken;
                      [(c)] (iii) the time and place of the taking of the property;
                      [(d)] (iv) the name of the person from whom the property was taken;
                      [(e)] (v) the name of the person who claims to own the property, if known; and
                      [(f)] (vi) a statement that the officer has reason to believe and believes that the property
                  taken was used or employed, or was to be used or employed, in violation of Section 76-9-301 or
                  76-9-301.1 , and the grounds for the belief.
                      (4) (a) The officer shall deliver the confiscated property to the judge or magistrate who shall,
                  by order, place the property in the custody of the officer or any other person designated in the order,
                  and that person shall keep the property until conviction or final discharge of the person against
                  whom the complaint was made.
                      (b) The person [so] designated in Subsection (4)(a) shall assume immediate custody of [that]
                  the property, and retain the property until further order of the court.
                      (c) Upon conviction of the person charged, all confiscated property shall be forfeited and
                  destroyed or otherwise disposed of, as the court may order.
                      (d) If the person charged is acquitted or discharged without conviction, the court shall, on

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                  demand, order the property to be returned to its owner.
                      Section 71. Section 76-10-1504 is amended to read:
                       76-10-1504. Bus hijacking -- Assault with intent to commit hijacking -- Use of a
                  dangerous weapon or firearm -- Penalties.
                      (1) A person is guilty of bus hijacking if he seizes or exercises control, by force or violence
                  or threat of force or violence, of any bus within the state. Bus hijacking is a first degree felony.
                      (2) A person is guilty of assault with the intent to commit bus hijacking if he intimidates,
                  threatens, or commits assault or battery toward any driver, attendant, guard, or any other person in
                  control of a bus so as to interfere with the performance of duties by such person. Assault with the
                  intent to commit bus hijacking is a second degree felony.
                      (3) Any person who, in the commission of assault with intent to commit bus hijacking, uses
                  a dangerous weapon, as defined in Section 76-1-601 , is guilty of a first degree felony.
                      (4) Any person who boards a bus with a concealed dangerous weapon or firearm upon his
                  person or effects is guilty of a second degree felony. The prohibition of this Subsection (4) does not
                  apply to elected or appointed [law enforcement] peace officers or commercial security personnel who
                  are in possession of weapons or firearms used in the course and scope of their employment, or a
                  person licensed to carry a concealed weapon; nor shall the prohibition apply to persons in possession
                  of weapons or firearms with the consent of the owner of the bus or his agent, or the lessee or bailee
                  of the bus.
                      Section 72. Section 76-10-1505 is amended to read:
                       76-10-1505. Bombing or placing bomb or explosive in, upon or near terminal or bus
                  -- Threats -- Firearms and missiles.
                      (1) Any person who bombs or plants or places any bomb or other highly explosive substance
                  or device in, upon or near any terminal or bus in which a person or persons are located or being
                  transported is guilty of a first degree felony.
                      (2) Any person who bombs or plants or places any bomb or other highly explosive substance
                  or device in, upon or near any terminal or bus in which there are stored, or shipped or being prepared
                  for shipment, any goods, wares, merchandise or anything of value is guilty of a second degree

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                  felony.
                      (3) Any person who threatens a violation of subsection (1) or (2) is guilty of a third degree
                  felony.
                      (4) Any person who discharges a firearm or hurls a missile at or into any bus or terminal
                  shall be guilty of a third degree felony. The prohibition of this subsection does not apply to elected
                  or appointed [law enforcement] peace officers or commercial security personnel who discharge
                  firearms or hurl missiles in the course and scope of their employment.
                      Section 73. Section 76-10-1507 is amended to read:
                       76-10-1507. Exclusion of persons without bona fide business from terminal -- Firearms
                  and dangerous materials -- Surveillance devices and seizure of offending materials -- Detention
                  of violators -- Private security personnel.
                      (1) In order to provide for the safety, welfare and comfort of passengers, a bus company may
                  refuse admission to terminals to any person not having bona fide business within the terminal. Any
                  such refusal shall not be inconsistent or contrary to state or federal laws or regulations, or to any
                  ordinance of the political subdivision in which the terminal is located. An authorized bus company
                  representative may require any person in a terminal to identify himself and state his business. Failure
                  to comply with such request or to state an acceptable business purpose shall be grounds for the
                  representative to request that the person depart the terminal. Any person who refuses to comply with
                  such a request shall be guilty of a class C misdemeanor.
                      (2) Any person who carries a concealed dangerous weapon, firearm, or any explosive, highly
                  inflammable or hazardous materials or devices into a terminal or aboard a bus shall be guilty of a
                  third degree felony. The bus company may employ reasonable means, including mechanical,
                  electronic or x-ray devices to detect such items concealed in baggage or upon the person of any
                  passenger. Upon the discovery of any such item, the company may obtain possession and retain
                  custody thereof until it is transferred to [law enforcement officers] a peace officer.
                      (3) An authorized bus company representative may detain within a terminal or bus any
                  person violating the provisions of this act for a reasonable time until law enforcement authorities
                  arrive. Such detention shall not constitute unlawful imprisonment and neither the bus company nor

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                  the representative shall be civilly or criminally liable upon grounds of unlawful imprisonment or
                  assault, provided that only reasonable and necessary force is exercised against any person so
                  detained.
                      (4) A bus company may employ or contract for private security personnel. Such personnel
                  may detain within a terminal or bus any person violating the provisions of this act for a reasonable
                  time until law enforcement authorities arrive, and may use reasonable and necessary force in
                  subduing or detaining any person violating this act.
                      Section 74. Section 77-7-13 is amended to read:
                       77-7-13. Arrest without warrant by peace officer -- Reasonable grounds, what
                  constitutes -- Exemption from civil or criminal liability.
                      (1) A peace officer may arrest, without warrant, any person [he] the officer has reasonable
                  ground to believe has committed a theft under Title 76, Chapter 6, Part 8, Library Theft, or of goods
                  held or displayed for sale.
                      (2) A charge of theft made to a peace officer under Part 8, Library Theft, by an employee
                  of a library, or by a merchant, merchant's employee, servant, or agent constitutes a reasonable ground
                  for arrest, and the [police] peace officer is relieved from any civil or criminal liability.
                      Section 75. Section 77-9-3 is amended to read:
                       77-9-3. Authority of peace officer of this state beyond normal jurisdiction.
                      (1) Any peace officer [duly] authorized by any governmental entity of this state may exercise
                  a peace officer's authority beyond the limits of such officer's normal jurisdiction as follows:
                      (a) when in fresh pursuit of an offender for the purpose of arresting and holding that person
                  in custody or returning the suspect to the jurisdiction where the offense was committed;
                      (b) when a public offense is committed in such officer's presence;
                      (c) when participating in an investigation of criminal activity which originated in [such] the
                  officer's normal jurisdiction in cooperation with the local authority; or
                      (d) when called to assist peace officers of another jurisdiction.
                      (2) (a) Any peace officer, prior to taking [such] any action authorized [action] by Subsection
                  (1), shall notify and receive approval of the local law enforcement authority, or if [such] the prior

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                  contact is not reasonably possible, notify the local law enforcement authority as soon as reasonably
                  possible.
                      (b) Unless specifically requested to aid a [police] peace officer of another jurisdiction or
                  otherwise as provided for by law, no legal responsibility for a [police] peace officer's action outside
                  his normal jurisdiction [and], except as provided [herein] in this section, shall attach to the local law
                  enforcement authority.
                      Section 76. Section 77-23-102 is amended to read:
                       77-23-102. Definitions.
                      As used in this part:
                      (1) "Administrative traffic checkpoint" means a roadblock procedure where enforcement
                  officers stop all, or a designated sequence of, motor vehicles traveling on highways and roads and
                  subject those vehicles to inspection or testing and the drivers or occupants to questioning or the
                  production of documents.
                      (2) "Command level officer" includes all sheriffs, heads of law enforcement agencies, and
                  all supervisory enforcement officers of sergeant rank or higher.
                      (3) "Emergency circumstances" means circumstances where enforcement officers reasonably
                  believe road conditions, weather conditions, or persons present a significant hazard to persons or the
                  property of other persons.
                      (4) "Enforcement officer" includes:
                      (a) peace officers as defined in Title [77] 53, Chapter [1a] 10, Peace Officer Classifications;
                      (b) correctional officers as defined in Title [77] 53, Chapter [1a] 10;
                      (c) special function officers as defined and under the restrictions of Title [77] 53, Chapter
                  [1a] 10; and
                      (d) federal [peace] officers as defined in Title [77] 53, Chapter [1a] 10.
                      (5) "Magistrate" includes all judicial officers enumerated in Subsection 77-1-3 (4).
                      (6) "Motor vehicle" includes all vehicles as defined in Title 41, Chapter 1a.
                      Section 77. Section 77-23-204 is amended to read:
                       77-23-204. Examination of complainant and witnesses -- Witness not in physical

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                  presence of magistrate -- Duplicate original warrants -- Return.
                      (1) All evidence to be considered by a magistrate in the issuance of a search warrant shall
                  be given on oath and either reduced to writing or recorded verbatim. Transcription of the recorded
                  testimony need not precede the issuance of the warrant. Any person having standing to contest the
                  search may request and shall be provided with a transcription of the recorded testimony in support
                  of the application for the warrant.
                      (2) When the circumstances make it reasonable to do so in the absence of an affidavit, a
                  search warrant may be issued upon sworn oral testimony of a person who is not in the physical
                  presence of the magistrate, provided the magistrate is satisfied that probable cause exists for the
                  issuance of the warrant. The sworn oral testimony may be communicated to the magistrate by
                  telephone or other appropriate means and shall be recorded and transcribed. After transcription, the
                  statement shall be certified by the magistrate and filed with the court. This statement shall be
                  deemed to be an affidavit for purposes of this section.
                      (a) The grounds for issuance and contents of the warrant issued pursuant to Subsection (2)
                  shall be those required by this chapter. Prior to issuance of the warrant, the magistrate shall require
                  the [law enforcement] peace officer or the prosecuting attorney who is requesting the warrant to read
                  to him verbatim the contents of the warrant. The magistrate may direct that specific modifications
                  be made in the warrant. Upon approval, the magistrate shall direct the [law enforcement] peace
                  officer or the prosecuting attorney for the government who is requesting the warrant to sign the
                  magistrate's name on the warrant. This warrant shall be called a duplicate original warrant and shall
                  be deemed a warrant for purposes of this chapter. In these cases the magistrate shall cause to be
                  made an original warrant. The magistrate shall enter the exact time of issuance of the duplicate
                  original warrant on the face of the original warrant.
                      (b) Return of a duplicate original warrant and the original warrant shall be in conformity
                  with this chapter. Upon return, the magistrate shall require the person who gave the sworn oral
                  testimony establishing the grounds for issuance of the warrant to sign a copy of the transcript.
                      (3) If probable cause is shown, the magistrate shall issue a search warrant.
                      Section 78. Section 77-23a-3 is amended to read:

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                       77-23a-3. Definitions.
                      As used in this chapter:
                      (1) "Aggrieved person" means a person who was a party to any intercepted wire, electronic,
                  or oral communication, or a person against whom the interception was directed.
                      (2) "Aural transfer" means any transfer containing the human voice at any point between and
                  including the point of origin and the point of reception.
                      (3) "Communications common carrier" means any person engaged as a common carrier for
                  hire in intrastate, interstate, or foreign communication by wire or radio, including a provider of
                  electronic communication service. However, a person engaged in radio broadcasting is not, when
                  that person is so engaged, a communications common carrier.
                      (4) "Contents" when used with respect to any wire, electronic, or oral communication
                  includes any information concerning the substance, purport, or meaning of that communication.
                      (5) "Electronic communication" means any transfer of signs, signals, writings, images,
                  sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio,
                  electromagnetic, photoelectronic, or photo-optical system, but does not include:
                      (a) the radio portion of a cordless telephone communication that is transmitted between the
                  cordless telephone handset and the base unit;
                      (b) any wire or oral communications;
                      (c) any communication made through a tone-only paging device; or
                      (d) any communication from an electronic or mechanical device that permits the tracking
                  of the movement of a person or object.
                      (6) "Electronic communications service" means any service that provides for users the ability
                  to send or receive wire or electronic communications.
                      (7) "Electronic communications system" means any wire, radio, electromagnetic,
                  photoelectronic, or photo-optical facilities for the transmission of electronic communications, and
                  any computer facilities or related electronic equipment for the electronic storage of the
                  communication.
                      (8) "Electronic, mechanical, or other device" means any device or apparatus that may be

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                  used to intercept a wire, electronic, or oral communication other than:
                      (a) any telephone or telegraph instrument, equipment or facility, or a component of any of
                  them:
                      (i) furnished by the provider of wire or electronic communications service or by the
                  subscriber or user, and being used by the subscriber or user in the ordinary course of its business;
                  or
                      (ii) being used by a provider of wire or electronic communications service in the ordinary
                  course of its business, or by an investigative or law enforcement officer in the ordinary course of his
                  duties; or
                      (b) a hearing aid or similar device being used to correct subnormal hearing to not better than
                  normal.
                      (9) "Electronic storage" means:
                      (a) any temporary intermediate storage of a wire or electronic communication incident to
                  the electronic transmission of it; and
                      (b) any storage of the communication by an electronic communications service for the
                  purposes of backup protection of the communication.
                      (10) "Intercept" means the acquisition of the contents of any wire, electronic, or oral
                  communication through the use of any electronic, mechanical, or other device.
                      (11) "Investigative or law enforcement officer" means any officer of the state or of a political
                  subdivision, who by law may conduct investigations of or make arrests for offenses enumerated in
                  this chapter, or any federal [peace] officer as defined in Section [ 77-1a-5 ] 53-10-106 , and any
                  attorney authorized by law to prosecute or participate in the prosecution of these offenses.
                      (12) "Judge of competent jurisdiction" means a judge of a district court of the state.
                      (13) "Oral communication" means any oral communication uttered by a person exhibiting
                  an expectation that the communication is not subject to interception, under circumstances justifying
                  that expectation, but does not include any electronic communication.
                      (14) "Pen register" means a device that records or decodes electronic or other impulses that
                  identify the numbers dialed or otherwise transmitted on the telephone line to which the device is

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                  attached. "Pen register" does not include any device used by a provider or customer of a wire or
                  electronic communication service for billing or recording as an incident to billing, for
                  communications services provided by the provider, or any device used by a provider or customer of
                  a wire communications service for cost accounting or other like purposes in the ordinary course of
                  its business.
                      (15) "Person" means any employee or agent of the state or a political subdivision, and any
                  individual, partnership, association, joint stock company, trust, or corporation.
                      (16) "Readily accessible to the general public" means, regarding a radio communication, that
                  the communication is not:
                      (a) scrambled or encrypted;
                      (b) transmitted using modulation techniques with essential parameters that have been
                  withheld from the public with the intention of preserving the privacy of the communication;
                      (c) carried on a subcarrier or signal subsidiary to a radio transmission;
                      (d) transmitted over a communications system provided by a common carrier, unless the
                  communication is a tone-only paging system communication; or
                      (e) transmitted on frequencies allocated under Part 25, Subpart D, E, or F of Part 74, or Part
                  94, Rules of the Federal Communications Commission unless, in the case of a communication
                  transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast
                  auxiliary services, the communication is a two-way voice communication by radio.
                      (17) "Trap and trace device" means a device, process, or procedure that captures the
                  incoming electronic or other impulses that identify the originating number of an instrument or device
                  from which a wire or electronic communication is transmitted.
                      (18) "User" means any person or entity who:
                      (a) uses an electronic communications service; and
                      (b) is authorized by the provider of the service to engage in the use.
                      (19) (a) "Wire communication" means any aural transfer made in whole or in part through
                  the use of facilities for the transmission of communications by the aid of wire, cable, or other like
                  connection between the point of origin and the point of reception, including the use of the connection

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                  in a switching station, furnished or operated by any person engaged as a common carrier in providing
                  or operating these facilities for the transmission of intrastate, interstate, or foreign communications.
                      (b) "Wire communication" includes the electronic storage of the communication, but does
                  not include the radio portion of a cordless telephone communication that is transmitted between the
                  cordless telephone handset and the base unit.
                      Section 79. Section 77-27-26 is amended to read:
                       77-27-26. Deputization of agents to effect return of parole and probation violators.
                      (1) (a) The official administrator of the interstate compact for the supervision of parolees and
                  probationers is authorized and empowered to deputize any person to act as an officer and agent of
                  this state in [effecting] carrying out the return of any person who has violated the terms and
                  conditions of parole or probation as granted by this state.
                      (b) In any matter relating to the return of [such] a [person] violator described in Subsection
                  (1)(a), any deputized agent [so deputized] shall have all the powers of a [police] peace officer of this
                  state.
                      (2) Any deputization of any person pursuant to this [act] section shall be in writing and [any
                  person authorized to act as an agent of this state pursuant to this act] the deputized agent shall:
                      (a) carry formal evidence of his deputization; and [shall]
                      (b) produce the [same] evidence of deputization upon demand.
                      (3) The official administrator of the interstate compact is authorized, subject to the approval
                  of the governor, to enter into contracts with similar officials of any other state or states for the
                  purpose of sharing an equitable portion of the cost of effecting the return of any person who has
                  violated the terms and conditions of parole or probation as granted by this state.
                      Section 80. Section 77-39-101 is amended to read:
                       77-39-101. Investigation of sales of alcohol and tobacco to under age persons.
                      (1) (a) A peace officer, as defined by [Section 77-1a-1 ] Title 53, Chapter 10, Peace Officer
                  Classifications, may investigate the possible violation of Section 32A-12-203 or Section 76-10-104
                  by requesting a person under the legal age to attempt to purchase alcohol, as provided in Section
                  32A-12-203 , or tobacco, as provided in Section 76-10-104 , to enter into and attempt to purchase or

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                  make a purchase of alcohol or tobacco products from a retail establishment.
                      (b) A peace officer who is present at the site of a proposed purchase shall direct, supervise,
                  and monitor the person requested to make the purchase.
                      (c) Immediately following the purchase or attempted purchase, or as soon as practical, the
                  supervising peace officer shall inform the cashier and the proprietor or manager of the retail
                  establishment that the attempted purchaser was under the legal age to purchase alcohol or tobacco.
                      (d) If a citation or information is issued, it shall be issued within seven days of the purchase.
                      (2) (a) If a person under the age of 18 years old is requested to attempt a purchase, a written
                  consent of that person's parent or guardian shall be obtained prior to that person participating in any
                  attempted purchase.
                      (b) A person requested by the peace officer to attempt a purchase may be a trained volunteer
                  or receive payment but may not be paid based on the number of successful purchases of alcohol or
                  tobacco.
                      (3) The person requested by the peace officer to attempt a purchase and anyone
                  accompanying the person attempting a purchase may not during the attempted purchase misrepresent
                  the age of the person by false or misleading identification documentation in attempting the purchase.
                      (4) A person requested to purchase alcohol or tobacco pursuant to this section is immune
                  from prosecution, suit, or civil liability for the purchase of, attempted purchase of, or possession of
                  alcohol or tobacco if a peace officer directs, supervises, and monitors the person.
                      (5) (a) Except as provided in Subsection (5)(b), a purchase attempted under this section shall
                  be conducted on a random basis.
                      (b) Nothing in this section shall prohibit an investigation if there is reasonable suspicion to
                  believe the retail establishment has sold alcohol or tobacco to a person under the age established by
                  Section 32A-12-203 or 76-10-104 .
                      (6) (a) The peace officer exercising direction, supervision, and monitoring of the attempted
                  purchase shall make a report of the attempted purchase, whether or not a purchase was made.
                      (b) The report shall include:
                      [(a)] (i) the name of the supervising peace officer;

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                      [(b)] (ii) the name of the person attempting the purchase;
                      [(c)] (iii) a photograph of the person attempting the purchase showing how that person
                  appeared at the time of the attempted purchase;
                      [(d)] (iv) the name and description of the cashier or proprietor from whom the person
                  attempted the purchase;
                      [(e)] (v) the name and address of the retail establishment; and
                      [(f)] (vi) the date and time of the attempted purchase.
                      Section 81. Section 78-5-111 is amended to read:
                       78-5-111. Justice court staff to be provided.
                      (1) Each county, city, or town creating and maintaining a justice court shall provide:
                      (a) sufficient staff public prosecutors to attend the court and perform the duties of
                  prosecution before the justice court;
                      (b) adequate funding for the costs of defense for persons charged with a public offense who
                  are determined by the court to be indigent under Title 77, Chapter 32; and
                      (c) sufficient local [law enforcement] peace officers to attend the justice court when required
                  and provide security for the court.
                      (2) The county attorney or district attorney may appoint city prosecutors as deputies to
                  prosecute state offenses in municipal justice courts.
                      Section 82. Section 78-27-33 is amended to read:
                       78-27-33. Statement of injured person -- When inadmissible as evidence.
                      Except as otherwise provided in this act, any statement, either written or oral, obtained from
                  an injured person within 15 days of an occurrence or while this person is confined in a hospital or
                  sanitarium as a result of injuries sustained in the occurrence, and which statement is obtained by a
                  person whose interest is adverse or may become adverse to the injured person, except a [law
                  enforcement] peace officer, shall not be admissible as evidence in any civil proceeding brought by
                  or against the injured person for damages sustained as a result of the occurrence, unless:
                      (1) a written verbatim copy of the statement has been left with the injured party at the time
                  the statement was taken; and

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                      (2) the statement has not been disavowed in writing within fifteen days of the date of the
                  statement or within fifteen days after the date of the injured person's initial discharge from the
                  hospital or sanitarium in which the person has been confined, whichever date is later.
                      Section 83. Section 78-29-101 is amended to read:
                       78-29-101. Definitions.
                      For purposes of this part:
                      (1) "Blood or blood-contaminated body fluids" include blood, amniotic fluid, pericardial
                  fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and vaginal
                  secretions, and any body fluid visibly contaminated with blood.
                      (2) "Emergency medical services provider" means an emergency medical technician as
                  defined in Section 26-8-2 , local fire department personnel, or county jail personnel, who provide
                  prehospital emergency medical care for an emergency medical services agency either as an employee
                  or as a volunteer.
                      (3) "First aid volunteer" means a person who provides voluntary emergency assistance or
                  first aid medical care to an injured person prior to the arrival of an emergency medical services
                  provider or public safety officer.
                      (4) "HIV" means the Human Immunodeficiency Virus infection as determined by current
                  medical standards and detected by any of the following:
                      (a) presence of antibodies to HIV, verified by a positive confirmatory test, such as Western
                  blot or other methods approved by the Utah State Health Laboratory. Western blot interpretation
                  will be based on criteria currently recommended by the Association of State and Territorial Public
                  Health Laboratory Directors;
                      (b) presence of HIV antigen;
                      (c) isolation of HIV; or
                      (d) demonstration of HIV proviral DNA.
                      (5) "Public safety officer" means[:] a peace officer as defined in Title 53, Chapter 10, Peace
                  Officer Classifications.
                      [(a) a peace officer, as defined in Section 77-1a-1 ;]

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                      [(b) a reserve and auxiliary officer, as defined in Section 77-1a-3 ; and]
                      [(c) a special function officer, as defined in Section 77-1a-4 .]
                      (6) "Significantly exposed" means exposure of the body of one person to HIV or other
                  blood-borne pathogens from the blood of another person by:
                      (a) percutaneous inoculation; or
                      (b) contact with an open wound, nonintact skin which includes chapped, abraded, weeping,
                  or dermatitic skin, or mucous membranes to blood and blood-contaminated body fluids.
                      Section 84. Section 78-38-4.6 is amended to read:
                       78-38-4.6. Enforcement.
                      Any [peace] law enforcement officer specified in Section [ 77-1a-1 ] 53-10-103 , or [law
                  enforcement officer,] ranger, or special agent of the United States Forest Service or the United States
                  Bureau of Land Management may:
                      (1) stop any vehicle or means of conveyance, including common carriers, containing timber,
                  forest products, or native vegetation upon any road or highway of this state for the purpose of
                  making an inspection and investigation but may not unduly detain a driver of such vehicle or means
                  of conveyance;
                      (2) inspect the timber, forest product, or native vegetation in any vehicle, or other means of
                  conveyance, including common carrier, to determine whether the provisions of this chapter have
                  been complied with;
                      (3) seize and hold any timber, forest product, or native vegetation harvested, removed, or
                  transported in violation of this chapter; and
                      (4) sell or dispose of the timber, forest product, or native vegetation as provided by rule by
                  the appropriate agency.
                      Section 85. Repealer.
                      This act repeals:
                      Section 76-9-302, Society to prevent cruelty to animals may designate deputy sheriff.
                      Section 77-1a-3, Reserve and auxiliary officers.
                      Section 86. Coordination clause.

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                      If this bill and H.B. 60, Compensation for Public Safety Dispatchers, both pass, it is the intent
                  of the Legislature that the reference in Subsection 67-19-12.3(2) to "peace" shall be deleted and "law
                  enforcement" shall be inserted in its place.

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