Download Zipped Enrolled WP 9 HB0172.ZIP
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H.B. 172 Enrolled
An act modifying the Public Safety Code by adding provisions regarding thorough
background investigations of applicants to be law enforcement officers or to be accepted
at an officer training academy. This act provides that employers of the applicant are to
provide employment history to the law enforcement agency or academy if the procedures
required in this act are followed. This act also protects employers from civil liability if
they provide background information to the law enforcement agency or academy. The
act requires that the information be confidential, and limits use by law enforcement
agencies and training academies. This act also provides for an implementation date for
these provisions.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
53-14-101, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-14-101 is enacted to read:
53-14-101. Law enforcement and training academy applicants -- Employer
background information.
(1) As used in this section:
(a) "Director" means the director of a certified law enforcement officer training
academy.
(b) "Employer" includes a public employer and a private employer.
(c) "Law enforcement agency" has the same definition as in Section 53-1-102 .
(d) "Law enforcement officer" has the same definition as in Section 53-13-103 , and
includes those officers in administrative positions.
(e) "Training academy" means a peace officer training institution certified in
accordance with the standards developed under Section 53-6-105 .
(2) Upon the request of a law enforcement agency regarding an applicant for the position
of peace officer or the director of a law enforcement training academy for which the applicant
requests admission under Section 53-6-203 , a current or former employer of the applicant shall
provide to the law enforcement agency or the director information, if available, regarding the
applicant if the request complies with Subsection (3).
(3) The request for information pursuant to Subsection (2) shall be:
(a) in writing;
(b) accompanied by an authorization signed by the applicant and notarized by a notary
public, in which the applicant consents to the release of the requested information and releases
the employer from liability; and
(c) addressed to the employer and signed by a sworn officer or other authorized
representative of the law enforcement agency or the academy.
(4) The information that a law enforcement agency or the director of an academy may
request pursuant to Subsection (2) includes:
(a) the date on which the applicant began his employment and, if applicable, the date on
which the employment of the applicant was terminated;
(b) a list of the compensation that the employer provided to the applicant during the
course of the employment;
(c) a copy of the application for a position of employment that the applicant submitted to
the employer;
(d) a written evaluation of the performance of the applicant;
(e) a record of the attendance of the applicant;
(f) a record of disciplinary action taken against the applicant;
(g) a statement regarding whether the employer would rehire the applicant and, if the
employer would not rehire the applicant, the reasons why; and
(h) if applicable, a record setting forth the reason that the employment of the applicant
was terminated and whether the termination was voluntary or involuntary.
(5) (a) In the absence of fraud or malice, an employer is not subject to any civil liability
for any relevant cause of action by releasing employment information requested under this
section.
(b) This section does not in any way or manner abrogate or lessen the existing common
law or statutory privileges and immunities of an employer.
(c) An employer may not provide information pursuant to Subsection (2) if the disclosure
of the information is prohibited pursuant to federal or state law.
(6) An employer's refusal to disclose information to a law enforcement agency in
accordance with this section constitutes grounds for a civil action by the requesting agency for
injunctive relief requiring disclosure on the part of an employer.
(7) (a) (i) A law enforcement agency may use the information received pursuant to this
section only to determine the suitability of an applicant for employment as a law enforcement
officer.
(ii) A director may use the information received pursuant to this section only to
determine the suitability of an applicant for acceptance at the training academy.
(b) Except as otherwise provided in Subsection (7)(c), a law enforcement agency and a
director shall maintain the confidentiality of information received pursuant to this section.
(c) (i) A law enforcement agency may share information regarding an applicant that it
receives pursuant to this section with another law enforcement agency if:
(A) the applicant is also an applicant for a position as a peace officer with the other law
enforcement agency; and
(B) the confidentiality of the information is otherwise maintained.
(ii) A director may share information regarding an applicant that is received pursuant to
this section with another training academy if:
(A) the applicant is an applicant for acceptance at the other training academy; and
(B) the confidentiality of the information is otherwise maintained.
(iii) A director may share information regarding an applicant that is received pursuant to
this section with a law enforcement agency if:
(A) the applicant is an applicant for a position as a peace officer with the law
enforcement agency; and
(B) the confidentiality of the information is otherwise maintained.
(8) This section applies to requests submitted to employers on and after July 1, 2003 for
employment information under this section.
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