H.B. 234

1

LAW ENFORCEMENT AND SPECIAL
2 FUNCTION OFFICER AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 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