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H.B. 234






Sponsor: Brent H. Goodfellow

             6      This act modifies the Public Safety Code by clarifying that duties of a law enforcement
             7      officer do not include the prosecution of cases against violators, and providing that special
             8      agents, process servers, and investigators for city attorneys are special function officers. The
             9      act also makes some technical corrections.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          53-13-103, as renumbered and amended by Chapter 282, Laws of Utah 1998
             13          53-13-105, as last amended by Chapter 92, Laws of Utah 1999
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 53-13-103 is amended to read:
             16           53-13-103. Law enforcement officer.
             17          (1) (a) "Law enforcement officer" means a sworn and certified peace officer who is an
             18      employee of a law enforcement agency that is part of or administered by the state or any of its
             19      political subdivisions, and whose primary and principal duties consist of the prevention and
             20      detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its
             21      political subdivisions.
             22          (b) "Law enforcement officer" specifically includes the following:
             23          (i) any sheriff or deputy sheriff, chief of police, police officer, or marshal of any county,
             24      city, or town;
             25          (ii) the commissioner of public safety and any member of the Department of Public Safety
             26      certified as a peace officer;
             27          (iii) all persons specified in Sections 23-20-1.5 and 63-11-17.2 ;

             28          (iv) any police officer employed by any college or university;
             29          (v) investigators for the Motor Vehicle Enforcement Division;
             30          (vi) special agents or investigators [for] employed by the attorney general, district
             31      attorneys, and county attorneys;
             32          (vii) employees of the Department of Natural Resources designated as peace officers by
             33      law;
             34          (viii) school district police officers as designated by the board of education for the school
             35      district;
             36          (ix) the executive director of the Department of Corrections and any correctional
             37      enforcement or investigative officer designated by the executive director and approved by the
             38      commissioner of public safety and certified by the division;
             39          (x) correctional enforcement, investigative, or adult probation and parole officers
             40      employed by the Department of Corrections serving on or before July 1, 1993;
             41          (xi) members of a law enforcement agency established by a private college or university
             42      provided that the college or university has been certified by the commissioner of public safety
             43      according to rules of the Department of Public Safety; and
             44          (xii) airport police officers of any airport owned or operated by the state or any of its
             45      political subdivisions.
             46          (2) Law enforcement officers may serve criminal process and arrest [and prosecute]
             47      violators of any law of this state and have the right to require aid in executing their lawful duties.
             48          (3) (a) A law enforcement officer has statewide full-spectrum peace officer authority, but
             49      the authority extends to other counties, cities, or towns only when the officer is acting under Title
             50      77, Chapter 9, Uniform Act on Fresh Pursuit, unless the law enforcement officer is employed by
             51      the state.
             52          (b) (i) A local law enforcement agency may limit the jurisdiction in which its law
             53      enforcement officers may exercise their peace officer authority to a certain geographic area.
             54          (ii) Notwithstanding Subsection (3)(b)(i), a law enforcement officer may exercise his
             55      authority outside of the limited geographic area, pursuant to Title 77, Chapter 9, Uniform Act on
             56      Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the limited
             57      geographic area.
             58          (c) The authority of law enforcement officers employed by the Department of Corrections

             59      is regulated by Title 64, Chapter 13, Department of Corrections -- State Prison.
             60          (4) A law enforcement officer shall, prior to exercising peace officer authority,
             61      satisfactorily complete:
             62          (a) the basic course at a certified law enforcement officer training academy or pass a
             63      certification examination as provided in Section 53-6-206 , and be certified; and
             64          (b) annual certified training of at least 40 hours per year as directed by the director of the
             65      division, with the advice and consent of the council.
             66          Section 2. Section 53-13-105 is amended to read:
             67           53-13-105. Special function officer.
             68          (1) (a) "Special function officer" means a sworn and certified peace officer performing
             69      specialized investigations, service of legal process, security functions, or specialized ordinance,
             70      rule, or regulatory functions.
             71          (b) "Special function officer" includes:
             72          (i) state military police;
             73          (ii) constables;
             74          (iii) port-of-entry agents as defined in Section 72-1-102 ;
             75          (iv) authorized employees or agents of the Department of Transportation assigned to
             76      administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
             77          (v) school district security officers;
             78          (vi) Utah State Hospital security officers designated pursuant to Section 62A-12-203 ;
             79          (vii) Utah State Developmental Center security officers designated pursuant to Subsection
             80      62A-5-206 (9);
             81          (viii) fire arson investigators for any political subdivision of the state;
             82          (ix) ordinance enforcement officers employed by municipalities or counties may be special
             83      function officers;
             84          (x) employees of the Department of Natural Resources who have been designated to
             85      conduct supplemental enforcement functions as a collateral duty [shall be special function
             86      officers];
             87          (xi) railroad special agents deputized by a county sheriff under Section 17-30-2 , or
             88      appointed pursuant to Section 56-1-21.5 ;
             89          (xii) auxiliary [officer] officers, as described by Section 53-13-112 ; [and]

             90          (xiii) special agents, process servers, and investigators employed by city attorneys; and
             91          [(xiii)] (xiv) all other persons designated by statute as having special function officer
             92      authority or limited peace officer authority.
             93          (2) (a) A special function officer may exercise that spectrum of peace officer authority that
             94      has been designated by statute to the employing agency, and only while on duty, and not for the
             95      purpose of general law enforcement.
             96          (b) If the special function officer is charged with security functions respecting facilities
             97      or property, the powers may be exercised only in connection with acts occurring on the property
             98      where the officer is employed or when required for the protection of the employer's interest,
             99      property, or employees.
             100          (c) A special function officer may carry firearms only while on duty, and only if authorized
             101      and under conditions specified by the officer's employer or chief administrator.
             102          (3) (a) A special function officer may not exercise the authority of a peace officer until:
             103          (i) the officer has satisfactorily completed an approved basic training program for special
             104      function officers as provided under Subsection (4); and
             105          (ii) the chief law enforcement officer or administrator has certified this fact to the director
             106      of the division.
             107          (b) City and county constables and their deputies shall certify their completion of training
             108      to the legislative governing body of the city or county they serve.
             109          (4) (a) The agency that the special function officer serves may establish and maintain a
             110      basic special function course and in-service training programs as approved by the director of the
             111      division with the advice and consent of the council.
             112          (b) The in-service training shall consist of no fewer than 40 hours per year and may be
             113      conducted by the agency's own staff or by other agencies.

Legislative Review Note
    as of 1-8-01 5:15 PM

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

Office of Legislative Research and General Counsel

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